This agreement (“Agreement”) constitutes a binding contract for videography services and/or products. By signing this Agreement, the clients, identified in the contract form (collectively referred to below as “Client”) agrees to pay Paros Films LLC for the services and/or products provided by Paros Films LLC at the price set forth on the invoice. The following terms and conditions shall also apply to Client’s engagement of Paros Films LLC:
1. EXCLUSIVITY: Paros Films LLC shall be the only videography service provider retained by the Client for the event identified on the invoice of this Agreement (referred to below as the “Event”). Family and friends of Client shall be permitted to videotape the event, for non-commercial purposes, provided that such person or persons do not interfere with the videographer’s duties. If, in the opinion of the assigned videographer, such person or persons are inhibiting the videographer from performing his or her duties, Client shall require the person interfering with the videographer to stop all further videotaping.
2. VIDEOGRAPHER: Paros Films LLC shall assign a videographer from its staff exclusively for Client’s Event. If necessary, assistants to such videographer shall attend the Event. Paros Films LLC reserves the right to change any initial assignment and substitute another staff videographer at any time due to illness. Due to the length of time required to videotape the Event, Client agrees to provide the videographer and any assistants with a meal during the Event.
3. ILLNESS AND UNEXPECTED EVENTS: Paros Films LLC will not be liable to Client under any circumstances if its performance is prevented or impaired due to war, insurrection, strikes, walk-outs, riots, fire, acts of God, including adverse weather conditions and earthquakes, shortages or unavailability of labor or materials, laws or governmental restrictions which conflict with the terms of this Agreement, or any other matter beyond the reasonable control of Paros Films LLC. In the event of any unanticipated videographer illness Paros Films LLC shall make reasonable efforts to substitute another competent professional. If another videographer cannot be assigned in time for the Event, Paros Films LLC shall promptly return to Client all fees previously paid by Client, and shall then have no further liability with respect to this Agreement. Paros Films LLC reserves the right to decline outdoor videotaping in the event of inclement weather. Client is responsible for providing an alternate nearby location in the event of inclement weather.
4. LIQUIDATED DAMAGES: Client and Paros Films LLC recognize it is extremely difficult and impractical to ascertain the extent of Client’s actual damage in the event of a breach on the part of Paros Films LLC. Therefore, the parties agree that in the event of any breach arising from the negligence or other unintentional conduct of Paros Films LLC, including, without limitation, any damage to or loss of any videotape footage or photographs, Client shall be entitled to the following: IN THE EVENT OF DAMAGE TO OR LOSS OF ANY VIDEOTAPE FOOTAGE: A percentage reduction in the price of the video package, based upon the amount of actual tape-time which has been damaged, lost or not captured. Client would then receive the final product, containing the footage from the Event, which was captured, not lost or damaged. Footage from Event will be kept on a hard drive for 90 days after completion of final product. After the 90 days, the footage will be formatted and deleted forever.
5. PAYMENT: The payment schedule will be as follows: 50% of balance due to reserve the event date. Final balance of 50% due at least two week prior to the event. Should any check fail to clear the account against which it is drawn (for any reason, including insufficient funds), Client shall pay an additional fee of $35.00. Booking of Paros Films LLC is not guaranteed until 50% of the balance is received. Payment is non-refundable. (See invoice for breakdown of fees) If Client would like to add additional hours or if Paros Films LLC must stay at Event later than the agreed upon hours in the package, Client will be charged the hourly rate.
6. CHANGE IN PACKAGE SELECTION: Client may upgrade Client’s package selection at any time until the day of the event. However, under no circumstances shall Client be permitted to change its selection to a lower-priced package.
7. ASSIGNMENT CANCELLATIONS AND POSTPONEMENTS: In case of a change in the time or date of the Event, Paros Films LLC shall make reasonable efforts to accommodate the change. However, if the new time or date conflicts with Paros Films’ LLC existing schedule, Paros Films LLC reserves the right to terminate the Agreement. Cancellations: Client is responsible for the 50% balance leading up to the time of cancellation of Event; however, if notice of cancellation is given less than two (2) business days before the Event, Client will be charged 100 percent of the balance. Postponements: Unless otherwise agreed in writing, Client will be charged a 100 percent fee if postponement of the assignment occurs after videographer has departed for location, and 50 percent fee if postponement occurs before departure to location. In case of a government mandate to keep group gatherings to less than what is expected at the wedding, and the rescheduled date is on a day that Paros Films LLC is unavailable, then a refund will be issued totaling the amount of payments made up to the point of rescheduling. If a matter of rescheduling due to personal preference, a refund will be issued for the amount paid after the non-refundable 50%. If the rescheduled date is on a day that Paros Films LLC is not available, the Agreement can be terminated with all deposits non-refundable. Fees for cancellations and postponements, such as non-refundable travel accommodations incurred by Paros Films LLC, will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, pandemic, epidemic, and the fault of a third party.
8. COMPLETION OF FINAL PRODUCT: The entire editing process, from time of scheduling to receipt of the final product is normally 12 to 14 weeks, at which time Client will receive the final product of the Event.
9. VENUE, ATTORNEY’S FEES AND APPLICABLE LAW: The validity and interpretation of this Agreement shall be construed in accordance with the laws of the State of Georgia. Any court action to enforce this Agreement, or relating or arising out of this Agreement or the services provided by Paros Films LLC shall be brought in a court of competent jurisdiction in the County of Bulloch, State of Georgia. In any action, arbitration or other judicial, quasi-judicial or extra-judicial proceeding related to any dispute arising from this Agreement, each party to this Agreement shall bear their own attorney’s fees. In case any provision of this Agreement shall be invalid, illegal or unenforceable, such provision shall be severable from the remainder of this Agreement and the validity, legality and enforceability of the remaining provisions shall not, in any way, be affected or impaired thereby. Unless otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, beneficiaries, successors and assigns. Each party represents that all required authorizations for its execution of this Agreement necessary to make this instrument binding in accordance with its terms against such party have been obtained and are in effect.
10. PUBLICITY RIGHTS/PROMOTIONAL USE OF IMAGES: The parties agree that Paros Films LLC may use images from Client’s event for commercial use, including, without limitation, promotional videos for exhibition to other potential clients of Paros Films LLC.
11. MODIFICATIONS: This written and signed Agreement constitutes the sole and exclusive agreement between the parties regarding the services and products to be provided by Paros Films LLC in connection with the Event. It is intended by each party to constitute the final written memorandum of all of their agreements and understandings in this transaction. No covenants, warranties, and/or representations, expressed or implied, and no promises or prior agreements whatsoever have been made, agreed to, or entered into by the parties hereto which are not expressly set forth above. If either party to this Agreement has attempted to make such covenants, warranties, and/or representations, promises or prior agreements, they are each superseded hereby and waived. Any waivers, terminations, amendments or modifications of, or additions to, this Agreement must be in writing signed by the party against which the enforcement of such writing is sought.
12. CREATIVE CLAUSE: It is understood that Paros Films LLC is the exclusive official videographer retained by the Client to cover this event. Paros Films LLC is granted full editorial, production and content control by the Client regarding all aspects of the production and post-production services. In the case a particular segment of the event is either not recorded, partially recorded, or not a part of the edited master tape, it is at the sole discretion of Paros Films LLC as the exclusive Producer of the event’s video recording. If something occurred at the event that Client does not want to appear on the final edited videotape, the Client must instruct Paros Films LLC in writing with-in two weeks after the event’s recording. Any requests for changes to the final edited master video, that are not the result of errors by Paros Films LLC will be made at the current rate per hour for editing and labor. Paros Films LLC cannot guarantee video or audio quality due to restrictions imposed at and/or by the event location. Because the videographers cannot interrupt or interfere with the ceremony in any way to correct less than satisfactory shooting conditions, the Client shall insure the placement of the bridal party, officiant(s) and altar decorations does not obscure or block the view of the bride and groom. We are not responsible for shots that are missed or omitted because of videographer being blocked. Paros Films LLC retains the exclusive right to edit all video footage.
13. MUSIC LICENSING: Paros Films LLC licenses all music from the website Musicbed.com. The package price includes the synchronization license of up to 4 songs per film. If Client would like to license a song outside of the Musicbed.com library, Client will be responsible for any additional licensing costs. If Client has a preference of song usage in the Highlight Film, Client will need to let Paros Films LLC know in writing within one week after the Event and choose a song from the “Freelance” subscription on Musicbed.com.
14. COPYRIGHT: The copyright of edited video(s) and footage remains with Paros Films LLC. The video(s) created by Paros Films LLC are for personal use by the Client, their friends, and their relatives. Reproduction or distribution of this copyrighted work is illegal.
15. LIVESTREAM: Due to the unpredictable nature of Wifi and internet speeds at various venues, there is no guarantee of quality for live-streaming events. In the event that there is inadequate internet speeds or cellular service, the ceremony will be captured in real-time, then immediately uploaded to the couple’s live-stream site. This can take up to 24 hours to be completed.