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Shooting non-repeatable events: weddings, recitals, plays, performances...


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Old December 2nd, 2005, 12:52 PM   #1
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A wedding agreement

Does anyone use a wedding contract/agreement...

If so what points do you cover?
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Old December 2nd, 2005, 01:44 PM   #2
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Everyone SHOULD use a wedding contract! If you do a search, I'm sure you'll find many examples.
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Old December 2nd, 2005, 01:54 PM   #3
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don't be cheap on this side of your business. go see a lawyer and have a real contract drafted up, built specifically for your business. it may be expensive, but if things go badly, it can either protect you or be used as a rope to hang you with.
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Old December 2nd, 2005, 02:15 PM   #4
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Quote:
Originally Posted by A.J. Briones
don't be cheap on this side of your business. go see a lawyer and have a real contract drafted up, built specifically for your business. it may be expensive, but if things go badly, it can either protect you or be used as a rope to hang you with.
Ohh turns out my business investor is a lawyer... I just wanted to give him some of the must haves (for a lack of a better word) on the list I'm sure he knows what to put on there.

At any rate anything worth metioning let me know before my time runs out.

Here's what I said sooo far...

# Includes one tape copies will be made per request
# Weather an any unforeseen events will not change price
# Delivery time can be up to 2 months
# 40% is needed before work can be done ( to get minor materials in place)
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Old December 2nd, 2005, 03:08 PM   #5
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i'd add the following:

- specify an ESTIMATED time period for finishing the project, with specific text stating that the clock starts only AFTER you receive any assets you require (this depends on you, of course).

- note that in peak months, turnaround time is longer

- specify what happens if the b&g back out, or if their date changes

- have them initial that you (and any assistants) will be fed (itemize this, i.e., "food and seating for 3 videographers"). if they don't initial, note that you will leave for an hour to get something to eat

- have them specify ALL the locations (prep, ceremony, photo session, reception). if they change or grow on the day of, you have the choice of being a nice guy and going with them or sticking to your contract

- due dates for your balance, and late fees incurred if they don't pay on time

- specify what happens in the event of equipment malfunction

etc... there's a lot more to this. our contract is many pages long.
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Old December 2nd, 2005, 03:48 PM   #6
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Cover everything you THINK might happen and then add more.
Who owns the footage, food arrangements, acts of God (accidents,storms etc) liability, also include something along the lines of placement of cameras will be determined by rules regulating the venue and the officiant (that way if you can get a quality placement due to the officiant being paranoid about video cameras you're covered) also you might want a disclaimer in there about THEM notifing the PHOTOG and letting that person know that YOU will be there working and they (the B&G) expect cooperation, add in who has the editorial disgression (in other words who decides what goes into the video and what doesn't) what are your re-edit policies (what reasons will you re-edit at no charge and what is chargeable) what is the timelimit for re-edits. What happens in case of a cancellation.
The list can be very long and if it seems like I'm a bit paranoid well, I am. Back in my early days of video (23 years ago) my agreement wasn't very strong and things happpened-so now I protect myself for just about everything I can think of just in case BUT the agreement works both ways, it protects the client as well.
I had my attorney draw it up after I wrote out the basics then we went back and forth with it a few times. It cost me some money but has probably saved me way more than what ever it cost, besides, sometimes I get some of it back from my lawyer on the golf course ;-)
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Old December 3rd, 2005, 03:14 AM   #7
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drop me an email and ill send u 2 of the 3 part airtight contract i use
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Old December 5th, 2005, 10:32 AM   #8
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Dante...

Here are the "terms" I use in my contract. They've come from many different places and people (exchanging them on forums like this one) and have been reviewed and added/subtracted to by my lawyer. I add and somtimes subtract from them myself, depending on what I think is important. No contract is ever perfect, but this does seem to cover most things I care about.



AGREEMENT: A firm and binding agreement exists between SUMMIT Productions (Studio) and the client only after this agreement has been properly executed and the retainer and one-half of the remaining balance has been paid at least two (2) weeks prior to the event. Any remaining balance is due at least two weeks (2) prior to delivery of final video tape. The retainer is made to secure the date for the studioís services. The retainer is the clientís guarantee that the studio will not book someone else in clientís time slot. The retainer is NON-refundable. Should the client fail to pay the first one-half of the remaining balance at least two (2) weeks prior to clientís event date, the clientís retainer will be forfeited and the studio will be under no further obligation to client. This agreement is for the exact date and time. If the date is changed, and the studio is not available or the event is canceled, the studio will refund clientís money less the retainer. This agreement supersedes and replaces any previous document, correspondence, conversation or other written and/or oral understanding. Any controversy or claim arising out of or relating to this agreement, or breach thereof, shall be settled by arbitration and judgment upon the award by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties wave a trial by a jury, to the extent permitted by law, and expressly agree to mediation in any action, proceedings or counter claim brought by either party against the other, or any matter what so ever arising out of, or in any way connected with this agreement.

DISPLAY RIGHTS: All digitaltape masters shall remain the property of the studio. It is understood that the studio has the exclusive right to reproduce and use all footage, images, voices and likenesses for public display, advertising and/or exhibition. All digital tapes produced, videotaped, created and/or edited by the studio are fully protected by Federal Copyright Law. It is understood and agreed that the client cannot copy or have copies made of the videotape and/or DVD-R. Any attempt to do so is a violation of this agreement and of Federal Copyright Laws. The client is granted a license to use the videotape only for private home uses. Any other permission for the client to use the videotape and/or its images must be granted in writing by the studio. Client agrees to provide general notice to all guests and service providers that the event will be videotaped. With this notice, and by virtue of their attendance, all guests and service providers acknowledge and give permission for the use of their images, voices and likenesses by the studio.

PRODUCTION & EDITORIAL CONTROL: It is understood that the studio is the exclusive official videographer retained by the client to cover this event. The studio 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 the studio as the exclusive producer of the eventís video recording. If something occurred at the event that client does not want to appear on the final edited videotape, the client must instruct the studio with-in two weeks after the eventís recording. Any requests for changes to the final edited master videotape, that are not the result of errors by the studio will be made at the current rate per hour for editing and labor. The studio can not 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. The studio retains the exclusive right to edit all videotape.

RIGHTS: The client warrants that they have the legal right to possession and use of all elements videotaped by the studio. Elements are defined as any videotape, audiotape, photograph, record, disc, or film, of any kind. The client agrees to indemnify and hold the studio harmless for any for any loss, damage or decay of any client elements received, processed or stored by the studio. Clients do so at their own risk. Clients should obtain proper insurance for elements against any risk or omission of our personnel.

LIABILITY & GUARANTEES: The studio will take extreme care with respect to lighting, sound, exposure, editing, duplication and delivery of video products and services offered. However, liability shall be limited to the total amount of monies paid toward the total purchase contract price. The retainer is Non-Refundable. The Buyer agrees to hold the studio harmless, up to the amount of monies paid on account in the event the studio fails to perform hereunder due to equipment malfunctions, manufacturer tape defects, acts of God, theft, illness or any other emergency except to the extent that such non-performance is due to willful, wanton or grossly negligent conduct by the studio. The studio is not responsible for loss of video or audio quality due to restrictions at event locations. The studio does not guarantee any particular effect, interview or special request, unless said request is made, in writing, at least 30 days prior to event date.

WEATHER CONDITIONS: Shelter must be provided from rain, extreme temperatures and humidity. Videotaping in these conditions will damage videotapes and electronic video equipment. In such conditions, video coverage will be severely limited and/or discontinued at the sole discretion of the studio. If the client proceeds with the event during such conditions, and the studio deems said conditions to be unacceptable for videotaping, no videotaping will take place and all deposits and/or money paid to that point will not be refunded.

OVERTIME & OTHER CHARGES: When the eventís activities extend beyond the agreed upon coverage time, overtime requests by the client will be billed in one (1) hour increments at the current rate. The client is responsible for any additional vendor/parking charges mposed by facilities. The client agrees to provide parking for the video crews as close to the event and/or reception location as possible.

TRAVEL CHARGES: Charges for travel are prearranged and based on expenses, time and location. Locations requiring air and overnight stay are charged a flat fee including all air and ground transportation, hotel and additional travel time. Additional travel fees must be paid in full when contract is signed and are non-refundable. Some restrictions may apply.

FOOD: The client agrees to provide a meal at the reception for the video crew. The meal will be served in the main room, when the other guests are served. If a meal is not provided, the client will allow the crew to take a 45 minute break to eat. The crew will determine when the break will occur. The studio is not responsible for any activities missed during this break/meal time.

DELIVERY OF DVD-R/VIDEOTAPE: Once all elements are received or following the event, final delivery of edited video/DVD-R will be in approximately 6 to 8 months. The completion time is only an approximate length of time and any longer/shorter periods necessary for completion will not void this contract. The studio cannot accept responsibility for material lost/damaged in transit.

DVD-R's: The disc you receive is 100% DVD-R compliant. Not all DVD-R's are compatible with all consumer DVD players. There is no guarantee that your DVD-R will play in your DVD player if it is not on the approved list.

ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. By signing, the client certifies that they have read both sides of this contract and agree to all of the terms, limitations and conditions contained within.



If you have ANY questions, comments or concerns... let me know. Always happy to chat. Okay?


Ken Ehrhart, owner
(the REAL) SUMMIT Productions
www.STORYtellermovies.com
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Old December 5th, 2005, 12:37 PM   #9
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Quote:
Originally Posted by Ken Ehrhart
Dante...

Here are the "terms" I use in my contract. They've come from many different places and people (exchanging them on forums like this one) and have been reviewed and added/subtracted to by my lawyer. I add and somtimes subtract from them myself, depending on what I think is important. No contract is ever perfect, but this does seem to cover most things I care about...
Ken thanks a bunch that was very
detailed and informative. I'll defintely run
it by my lawyer.
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Old December 5th, 2005, 09:58 PM   #10
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those who asked for the contract, pls chk ur emails

its 7 pages... lol

Ken, thas very detailed, however i find that alot of legal jargon really puts people off.. i tried that style of cotnract and alot of ppl were put off by it... however after rewording it to lamens terms, ppl are more that happy to sign..
Another thing i try to do is explain to the client that the contract is "what we discussed when we first met" however "thats all in writing for you here"
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Old December 5th, 2005, 10:00 PM   #11
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Quote:
Originally Posted by Peter Jefferson
those who asked for the contract, pls chk ur emails

its 7 pages... lol
Pete send it here dantewaters@gmail.com
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Old December 6th, 2005, 07:46 AM   #12
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I'd also like to see it. Lord knows I'd love to avoid being in a world of hurt in the future!

johncolbyknight /at/ yahoo.com
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Old December 7th, 2005, 11:13 AM   #13
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Quote:
Originally Posted by Ken Ehrhart
Dante...
DVD-R's: The disc you receive is 100% DVD-R compliant. Not all DVD-R's are compatible with all consumer DVD players. There is no guarantee that your DVD-R will play in your DVD player if it is not on the approved list.
Ken,

I know a bit about this subject and it's very misunderstood, even within our industry.

I would re-word this portion of the contract to: "The disc you receive is 100% DVD Video compliant and is guaranteed to playback in any DVD player that is fully compliant with the DVD Video standard."

Because the "DVD Video" standard includes all specifications for the DVD-R format, your studio is producing "DVD Video" compliant discs. I don't think DVD-R should identified/perceived as some ancillary, off-shoot breed - it isn't. It's part of the DVD Video standard which includes many specifications, and so if there's no playback ability from any particular player it is not an issue with the disc - it's an issue with the player not being fully compliant with the DVD Video standard.

This portion of the contract is emphasizing the negative by pointing out that there is no guarantee, instead of emphasizing the positive and providing a guarantee.
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Old December 7th, 2005, 02:30 PM   #14
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Quote:
Originally Posted by Ken Ehrhart
Dante...

Here are the "terms" I use in my contract. They've come from many different places and people (exchanging them on forums like this one) and have been reviewed and added/subtracted to by my lawyer. I add and somtimes subtract from them myself, depending on what I think is important. No contract is ever perfect, but this does seem to cover most things I care about.


Ken Ehrhart, owner
(the REAL) SUMMIT Productions
www.STORYtellermovies.com
Ken that was one of the most comprehensive and detailed contract write-ups I've seen. Thank you so kindly for sharing. Very good info here.
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Old December 7th, 2005, 02:46 PM   #15
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Quote:
DELIVERY OF DVD-R/VIDEOTAPE: Once all elements are received or following the event, final delivery of edited video/DVD-R will be in approximately 6 to 8 months.
6 - 8 months? Hell, they could be divorced by then.

If this little "typo" slipped by my attorney he'd be back to chasing ambulances.
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