Client Agreement

Dead Medium Productions / Gareth Stack – 9th May 2018

This documents explains how I work as a videographer, my responsibilities to you, and goes into detail about what you can expect from my services.

Courtesy

I will endeavour to complete your project as rapidly and professionally as possible. Delivering video when agreed and working to make the filming and editing process as straightforward, mutually rewarding and relaxed as possible. This is my commitment to you. I will remain professional on set and in my communications. Where an issue or misunderstanding arises, both the client (you) and I will endeavour to resolve this amicably and quickly.

Filming

Filming unless otherwise agreed, consists of single person camerawork.
Where edit work is not required, I will transfer recorded files to you via an online service. The transfer will take place as soon is reasonably possible after payment has been received and no later than 7 days after payment has been received. Prior to payment a watermarked streaming or downloadable version of the recorded video can be requested. Where editing work is also purchased I will log video at no additional charge and transfer a streaming or logged version of the recorded files to you via an online service. This transfer will occur after payment for filming has been completed.

Sound Recording

Sound recording unless otherwise agreed consists of recording and monitoring sound recording. Depending on project, this can be done via boom, on camera microphone, or lavalier (lav) mic. Sound recording includes logging and labelling of sound recordings and the provision of recordings to you via an online service (e.g.: Wetransfer). The transfer will take place as soon is reasonably possible after payment has been received and no later than 7 days after payment has been received.

Kit Fee

A kit fee (see below) covers the use of my recording equipment for the duration of filming. This fee helps compensate for wear and tear and in addition will cover any reasonable equipment needs (for example the rental of necessary lenses or other gear a specific project may require). The kit fee covers the necessary gear to film and audio record a single camera free hand or on a tripod. Should additional specialist equipment be required – e.g.: electronic gimble, crane, dolly, drone etc, it may be rented at a fee agreeable to both parties. This will be done after consultation with and in agreement with the client.

Editing

Editing unless otherwise agreed consists of one primary edit, creating one video that can be shared either as a downloadable file or via a private link to a streaming service. Editing includes logging, grading and cutting the original clips.

Each paid edit comes with one revision, per your instructions. This revision can be carried out in the client’s presence or remotely.

A revision consists of a series of changes to an existing video – for example the addition or removal of titles, the substitution of music, changes in video order etc. It explicitly excludes substantive changes like the addition of new footage, major changes in video length etc.

The final video will be provided at 1080p resolution via an online download or streaming service.

Final Video Length

The length of the final video will be no more than 1 minute longer or shorter than the initial agreed length. If the client wishes to change the length of the video, adding additional minutes or greatly subtracting from it in their revisions, this may incur additional fees.

Additional Edits

Additional edits beyond the preliminary edit and one revisions can be arranged for an additional fee agreed by both parties.

Additional audio work – sound clean up, soundtrack sourcing & mixing etc, can be provided for an additional fee agreed by both parties.

Additional videos reformatted or recut for social media (e.g.: instagram, twitter trailers etc) can be provided for an additional fee agreed by both parties.

Raw Footage or DVD

RAW recorded footage can be provided on a USB key for an additional fee. DVD production services can also be provided. Please note, DVD production is a non-trivial amount of additional work and is priced accordingly (see below).

Point of Contact

Unless otherwise agreed, my client and point of contact will the person who originally communicates with me / books my work. If changes are required or additional services requested or purchased, these will be communicated directly through the client, unless otherwise agreed. Any issues, delays, problems etc, that may arise in filming or editing will be communicated by me directly to the point of contact unless otherwise agreed prior to filming.

Cancellation

Please let me know as soon as possible if work must be delayed or cancelled

If the client cancels or postpones filming less than 48 hours before it is scheduled to begin a cancellation fee of 40% of the agreed filming fee will be charged.

If an emergency arises and I need to cancel filming I endeavour to let you know as soon as possible. If I must cancel less than 48 hours before filming, I will reschedule at a time agreeable to both you and myself and a discount of 40% of the agreed filming fee will be offered.

Payment

The client will insure payment within 7 days of a given service being completed. Filming and editing will be invoiced separately, and paid for as they are completed. All payment is required by bank transfer or in cash, unless otherwise agreed prior to filming.

Ownership

Ownership of the original footage passes to the client after payment for filming has been received. Prior to this it is the property of Gareth Stack / Dead Medium Productions. I reserve the right to use clips from any footage shot as part of a showreel or portfolio, and to stream final edited footage online for the purposes of promotion.

VAT

All my prices are inclusive of VAT unless otherwise stated.

Additional Expenses

Where additional reasonable expenses are incurred or are likely to incur, these will be communicated by both parties prior to filming or as close as reasonable to when they arise. I may request an appropriate fee for transport to and from filming or sound recording location. Should this arise this will be confirmed with you before any additional charges are incurred.

If additional staff are required or provided for recording, this will be negotiated ahead of time for a fee agreeable to both parties.

I will not add any expenses onto my invoice beyond what I have outlined in this document, unless they has been agreed with you prior to or at the time of filming or editing.

Live Event Coverage

I will be granted full artistic license in relation to the poses filmed and the locations used, although every effort will be made to comply with the Client’s requirements. I shall endeavour to capture all the moments throughout the day as they occur. However, because of the fluid nature of event recording, some moments might not be recorded, or not recorded for logistical or technical reasons. For a booking involving a church ceremony or at certain venues, the priest, minister, or hotel manager sometimes restricts the Videographer’s movements.

Every effort will be made to record the best possible picture and sound quality, however frequency interference may cause distortion to wireless microphone sound in certain locations. I will monitor the sound and picture quality at all times however if during a crucial ceremony time there is a loss of sound or picture quality the videographer will not be held responsible for this technical error. For example a hotel may not agree to use a wireless microphone, which will impact on the final audio quality. It is the responsibility of the client to notify the priest and hotel that the videographer may use wireless microphones and will make every effort not to interfere with the church and hotel P.A systems.

The area from which the Videographer is able to work may not be my choice, and The Videographer cannot accept responsibility for any obstructed view should this be the case. The use of artificial lighting may also be restricted or prohibited. In addition, I am is not responsible if key individuals fail to appear or cooperate during photography sessions, or for missed images due to details not revealed to me in advance. Extreme low lighting will not work in favour of videography coverage. Every effort will be made to work with lighting conditions but low light at a hotel or church can result in grainy footage and this is not the responsibility of the videographer.

Force Majeure

If I am unable to perform any or all of the duties herein for any reason, including but not limited to, fire, casualty, strike or other civil disturbances, Acts of God, road closures, severe traffic, terrorism or other causes beyond the control of the parties, or due to illness, then I shall return any moneys paid by the client but shall have no further liability with respect to the agreement. This limitation of liability shall also apply in the event that footage materials are damaged in processing, lost through camera & tape malfunction, compact flash card malfunction, lost in the mail, or otherwise lost or damaged without the fault on the part of The Videographer. Liability for a partial loss of video footage shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount does not exceed the total monies paid by Client under this Agreement during the time preceding the date on which such liability arises.

Copyrighted Music

Unfortunately I cannot include well known copyrighted music to accompany my videography / edit. As there is no way to legally licence individual songs for small video productions in Ireland. Such licences generally cost many thousands of euro, and must be negotiated on an individual basis. Where appropriate I will use copyright free or creative commons music. Alternately I may licence specially composed mood music from a dedicated service like Music Bed. This will incur a moderate fee, but will not be done without your prior consent.

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