Commercial Videography agreement.

DEFINITIONS

To help reading this contract, the following words will apply:

• Videographer is Quintin Mills who also owns all copyright on all Videography
• Videography refers to all Video material, in film or electronic formats supplied by the Videographer.
• Client refers to you, to the person or organisation requesting Videography services and supply of Videography.
• the site or site = quintinmills.co.za, we or us = The Owner – Quintin Mills
• the company or company = Quintin Mills / Quintin Mills Videography and all parties working with us.

USAGE RIGHTS AND LICENSING

• A License is provided to the Client for the usage agreed in writing or order confirmation. This License is conditioned upon acceptance of the below agreement, including but not limited to, receipt of payment in full by the Videographer within the payment period agreed.
• All rights not expressly granted to the Client remain the exclusive property of the Videographer. The Client may not transfer or assign this License without the express written consent of the Videographer.

FIRST COPYRIGHT OWNERSHIP

• The client recognises that the Videographer is the author of the Videography and the owner of the copyright, irrespective of the South African Copyright Act.
• Quintin Mills supplies the technical and artistic ability to illustrate an idea Videographically, and sells the right to reproduce those images in a given context.
• No property or copyright of images shall pass to the Client, unless specified otherwise below.
• Any reproduction rights granted are by way of license, not through assumption of copyright ownership.
• If the Client wishes to own the copyright of images created by the Videographer, an additional fee will be paid by the Client to the Videographer for transferring the copyright. This fee will be mutually agreed upon by both parties. The transfer of copyright will only become applicable after this payment has been made in full.

PAYMENT

• 50% of the shoot fee and 100% of out of town expenses and 100% of any hire costs, including fees payable for any technicians essential to the shoot are payable before the assignment. This booking fee secures the date or dates of the shoot.
• Full payment must be received by the Videographer prior to unwatermarked video clips being released to the client, unless agreed in writing.
• Any use of the Videography may, at the Videographer discretion, be considered unauthorised and the Exclusive License withdrawn and become subject to renegotiation. All Videography commissioned for personal use, which will not be used in a publication, must be paid for in full before usable copies of the Video files would be released to the client.

ADDITIONAL EXPENSES

• Where additional expenses are incurred by the Videographer due to changes in the original brief by the Client or by circumstances beyond the Videographer’s control, the Client agrees to pay such reasonable expenses and/or fees at the Videographer’s normal rates.

THE BRIEF

• It is the client’s responsibility to give the Videographer a full written brief. Where specific details are missing in the brief, the client undertakes to accept the Videographer’s interpretation.

THE ASSIGNMENT

• The client is responsible for having a representative present at all times when the assignment is being executed to approve style and content. Where no representative is present, the client shall accept all decisions made by the Videographer in relation to execution of the brief.

DELIVERABLES

• The quote for the project will specify the deliverables for the project. E.g. 30sec video clip with royalty free music and logo build.
• Only the items listed in the deliverables will be provided and is the property of the client. Additional video files, b-roll are the property of the Videographer and will not be released to the client. Should this be required, a figure can be agreed between the client and the Videographer prior to the supply of this content.

POSTPONEMENT AND CANCELLATION FEES

• The client is responsible for all expenses incurred up to the time of cancellation, plus 50% of the Videographer’s fee.
• If cancellation is given less than 3 business days before the shoot, the client will be charged 100% fee.
• If postponement given less than 2 business days before the shoot, the client may loose their entire booking fee, but this will be waived if the shoot is completed, within 2 weeks.
• The client is responsible for taking out weather insurance.

CREDIT LINE

• For editorial use, Client agrees to provide a credit line in the form of “©Quintin Mills” in type no smaller than the nearest text and immediately adjacent to the picture used, unless agreed in writing prior to the shoot taking place.

EXCLUSIVITY

• The Videographer retains the right to use the Videography in any manner, at any time and in any part of the world for self-promotional purposes. During the period of the Usage License granted in the Usage clause, the Client is authorised to publish the Videography to the exclusion of all other persons other than the Videographer’s right to self promotion as noted above. After the expiry of the Usage license, The Videographer shall be entitled to use the Videography for any purpose including selling the Videography at his discretion unless requested not to in writing prior to the shoot taking place.

REJECTION

• The Client has no right to reject work on the basis of style or composition unless a rejection fee has been agreed in advance.

DISPUTE RESOLUTION

• In the event of any irresolvable dispute in the interpretation of the terms of this contract, the Client agrees to submit the dispute to either an arbitration process or mediation process, at the Videographer’s option.

KILL FEES

• If the client decides to kill the work after the brief has been met and work has been delivered by the deadline date, full payment must be made. If the Videography is not publishable, through no fault of the Videographer, the Client agrees to pay 100% of the Videographers account.

INDEMNITY

• The Client agrees to indemnify the Videographer against all liabilities, claims and legal costs arising out of the Client’s use of the Videography. The client indemnifies the Videographer against any claims brought against the Videographer by any third party during the shoot.

DEFAULT

• In the event of non-payment or other breach of this agreement by the client, the Client shall pay all of the Videographer’s costs and expenses incurred in enforcement of the terms of this agreement, including the Videographer’s attorney’s fees.

VARIATION

• No variation of the terms of this contract shall be recognised unless agreed in writing.

STANDARD LICENCE AGREEMENT

• The Videography supplied is solely for the client / clients companies use – for marketing, presentation – whether by print or electronic formats. Videography may be supplied to 3rd parties for adverts / advertorial purposes, but only within the context of marketing the clients products and services, ie not a 3rd party or supplier involved with the creation of the subject.
• The Videography may not be given or sold to third parties – stylists / designers / venue / professional bodies involved with the creation of the subject being filmed, they may not be sold for profit, nor used outside of the agreed scope without prior written permission.
• Quintin Mills has the right to use the Videography for marketing his photographic and videography services.

RELEASE FORM

• We hereby give the Videographer and Assigns permission to shoot at the location and to use the Images depicting the Property in any Media, for any purpose, which may include, among others, advertising, promotion.

BACKUPS

• Client is responsible for making a backup of all photos from the digital downloads. 
• The Videographer does backup the final Client selected files from the shoot, but does not guarantee that they will be retained indefinitely unless specifically agreed to, and this service specifically requested by the Client.
• Should the Client require any files after the shoot has been completed and material delivered, the Client can request a copy of the backed up images. If available, these will be provided via wetransfer.com or a drive supplied by client depending on the file size.
• A fee of 25% of the original shoot fee is levied for the retrieval and supply of the files.

RETOUCHING

• Every image we deliver is post produced with our unique signature style of post-production. This involves colour correction, exposure adjustment, clarity adjustments, tone-mapping, and other corrections as required for the project.
• Basic post-production includes touch-ups such as removal of minor blemishes, removal of fluff/spots on clothing, removal of fly-away hairs, etc.
• Anything that requires extensive, custom work in Photoshop such as removing entire objects from the scene, removal of bags under the eyes, skin problems such as acne or scars, double chins, changing the size and shape of body parts or other objects in the scene, adding objects to a scene, removing creases in clothing and other custom work.
• We charge hourly for the custom post-production as the time required ranges depending on the complexity of the retouching requirement.

APPLICABLE LAW

• This agreement shall be governed by the laws of the Republic of South Africa, with the exception listed in FIRST COPYRIGHT OWNERSHIP above.

FULL LIABILITY INSURANCE

• Quintin Mills has full public liability insurance cover against claims for injury or damage that may be directly or indirectly caused to a person or their property during the shoot, whether clients persons or property or 3rd parties.