A Brief Introduction About the Videography Contract
When we have important occasions like marriages, family celebrations, or corporate events, we want to preserve the memories in the form of video recordings. The best way to do this would be by hiring a professional video production company or videographer. If we look at the videography definition, it is the act or process of creating video films. Clients would enter into a contract with an expert in videography, and depending on the nature of the event, come to a mutually agreed fee.
Videography contracts depend on the event. In the case of a wedding videography contract, the relevant details of the videographer, the client and the fee are essential parts of the contract. The wedding venue and the basis of charge, hourly or flat fee, will also be mentioned.
Questions to ask the videographer
The relevant questions to be asked to a videographer would be:
- Expertise in the field of videography and number of films done
- Professionals that they have worked with
- Style of making videos, whether documentary or cinematic or a combination
- Inputs required from the client and deliverables
- Pricing method
Who Takes the Videography Contract – People Involved
The two parties to a video production agreement would be the client and the videographer. The client would want a professional videographer to cover an important personal or official event to ensure the best video quality. The videographer would enter this agreement to ensure that there are no delays or problems with payment.
Purpose of the Videography Contract – Why Do You Need It
There are certainly personal and corporate events which are milestones in our life. We want to ensure that these memories are recorded perfectly. Professionals who provide videography services ensure that they understand your requirements perfectly and create videos that make great memories or serve as a primary database in the case of corporate events.
As a client, you would like to ensure you hire a professional who delivers the job perfectly on time. The videographer wants to ensure that payment of professional fees at the mutually agreed rate is made on time. In the absence of a contract, the videographer might charge professional fees to the client and either provide a video of poor quality or may quit in the middle of the event. In both cases, the client would lose as they would not find a replacement in the middle of the event.
On the other hand, a videographer may provide services to the satisfaction of the client both in terms of quality and time deadlines, but the client may not pay the videographer. Since this is a source of regular income, the videographer would suffer a loss in the absence of a contract. When there is a contract, both parties are clear about each other’s expectations and are aware of the penalties in the event of non-performance.
Contents of the Videography Contract – Inclusions
The contents of a video production contract should ensure that the rights of both parties to the contract, the videographer, and the client are protected.
A standard contract should contain the following information:
- The names of the parties to the contract, the client and the videographer including all contact information
- The location where the event will be taking place as well as the time and date for the same
- Duration of the filming: The start time for the filming and end time
- Date of submission: The date on which the sample video has to be submitted and also submission of the final product
- Price and security deposit: Whether the videographer will be charging on an hourly basis and what the security deposit will be. If there is any overtime involved, what will be the basis of the charge for this
- Cancellation policy: The notice period, which has to be served by both parties in case of cancellation of the contract. The amount that will be forfeited should also be mentioned
- Termination of the contract: When the contract will be terminated under normal circumstances
- Copyright: In some cases, the copyright of the video footage remains with the videographer. However, if the client would like to ensure that the videographer surrender all rights then the additional payment that would be involved should also be mentioned
- Correction of default: If there is a default by either party, then the scope or time available to both parties to rectify the default
- Dispute resolution clause: In case there is any dispute between the two parties, whether there will be litigation or arbitration and who will be responsible for payment of attorney fees
How to Draft the Videography Contract
Points to Consider While Preparing the Agreement
You can refer to a videography contract template when preparing an agreement. However, the template has to be modified to suit your specific requirements.
Here are the points to be considered while drafting this agreement:
- Eligibility to contract: Both the parties to the contract should be competent to contract in terms of age, mental condition and should not be coerced or under the influence of drugs
- The consideration paid: The basis of payment of consideration should be clear; will it be an hourly basis, or will it be a flat fee charged by the videographer. What are the provisions for overtime?
- Terms of the contract: Both the client and the videographer should enter the contract on terms that are fair to both. There should be no deception or fraud used to induce either party
- Confidentiality clause: The videographer should not discuss the personal details of the client with a third party. If they do, they will face a penalty
- Dispute resolution clause: It should be mentioned in detail whether the dispute will be handled by arbitration or litigation and the legal jurisdiction
- Termination clause: The grounds on which the contract can be prematurely terminated
- Adherence to law: The contract should be made by the applicable laws of the state
Before the videographer and client enter into a videography contract, the terms and conditions should be discussed between them.
The client can find out the market rates for a professional videographer for the services required and negotiate the best price payable to the videographer.
The videographer can review the price offered by the client and negotiate a higher price depending on his market reputation.
Benefits & Drawbacks of the Videography Contract
The Benefits of a Videography Contract Are Given Below:
- Protection of interest: The interest of both the parties to the contract are protected. The client is assured of a quality video delivered before the deadline, and the videographer is assured of the agreed professional fee on the due date
- Minimization of disputes: As the contract explains the services to be delivered and the fee to be paid on a certain basis, the chances of disputes are reduced
- Regular income: The videographer has a steady flow of income without default and perhaps references from the client
- Extension of contract: If the client is satisfied with the videographer’s work, then the contract may be extended
- Termination of contract: If the client feels that the job of the videographer is below par, their services can be terminated
Here Are the Drawbacks of a Videography Contract:
- Loss of income: Without a contract, the videographer cannot take the client to court for non-payment of dues or overtime. This would mean the loss of regular income
- Waste of time and resources: If the videographer decides not to continue in the middle of the project, then you will have to find a replacement at short notice, which is very difficult, and a lot of time will be spent doing this. You cannot take the videographer to court to sue for damages if you don’t have a written agreement
What Happens in Case of Violation of Videography Contract?
In the case of a videographer contract, if either party fails to fulfill its contractual obligations, the other party suffers a huge loss. To protect the interests of both the parties, it is important to understand the remedies available to both parties in case of default.
Here are the remedies which you should be aware of before entering a contract:
- Monetary compensation: If the videographer has violated the contract, then monetary damages at an agreed rate has to be paid to the client. The same applies if the client has violated the agreement. For a total breach, loss of profits can be claimed. For a partial breach, the client can recover the cost of hiring another videographer
- Restitution: There is no compensation for losses suffered as a result of a violation of the contract here. The property or money given is returned to the concerned party
- Rescission: In this case, the contractual obligations of both parties are canceled. If one party violates the agreement, the other party does not have to fulfill their commitment
- Reformation: The court rectifies any disparity in the agreement by revising the terms of the contract
- Punitive damages: These are payable if a party to the contract commits a deplorable act. If the videographer intentionally provides a poor-quality video and causes damage to the reputation of the client, then this remedy can be resorted to.
A sample videography contract in pdf should be consulted before you enter into this contract. This will ensure that you look at the clauses, which must be part of the contract so that neither the videographer nor the client is adversely affected if the other party violates a clause in the contract. There should be a termination clause where both parties can prematurely end the contract by providing sufficient notice to the other party. This could happen if the videographer has produced substandard work or if the client has defaulted in payment.
The information provided by either party should not be shared with a third party, and this is part of a non-disclosure clause. A video of personal or official events contains private and confidential information which the client may not like to share with others. It is essential for both parties to the agreement to read the terms and conditions carefully before agreeing to avoid expensive litigation.