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A video production agreement is a legal contract between a video production company and the client for whom the video production produces a video. Typically this agreement is between a production company and another company but can be used in weddings or significant events where video production is needed.
These video production agreements often outline expected deposits, who owns the final product, the video production schedule, and payment schedules. Like other independent contracting agreements, these are beneficial to have in place for a business agreement, so both parties know what to expect moving forward and how to proceed if the contract needs to be terminated.
Below is a list of common sections included in Video Production Agreements. These sections are linked to the below sample agreement for you to explore.
VIDEO PRODUCTION AGREEMENT
Coolfire Studios, LLC (“Producer”)
Global Personalized Academics , (a subsidiary of Sibling Group Holdings, Inc.) (“Client”)
Global Personalized Academics Online Videos
Three Thousand, Five Hundred (3,500) videos, each lasting approximately three minutes (3:00), featuring academic instruction presented in a creative, humorous way (the “Videos”). Producer shall produce and deliver the Videos according to the Review, Approval, and Delivery Process outlined on Schedule 1 to this Agreement.
$1,855,000 (3,500 videos x $530/video for full term, to be invoiced as outlined on Schedule 2 to this Agreement).
Twelve (12) months, beginning August 1, 2015, unless Client terminates during the “Opt-Out Period” set forth on Schedule 3 .
Production Services . Coolfire Studios, LLC (“Producer”) shall provide all necessary Production Services, including script writing, production, camera operators, lighting and audio technicians, motion graphics, and such other production staff as may be necessary in Producer’s discretion to produce the Deliverables.
Post-Production . Producer shall provide all necessary post-production services to complete the Deliverables.
Music Licensing . Producer shall be responsible for obtaining all necessary licenses for any music to be used in any Deliverables. Unless agreed otherwise, the costs for such licenses shall be included the total production budget set forth above.
Clearance/Releases from Other Rights Holders . Producer shall be responsible for obtaining all necessary clearance releases, permissions and/or waivers from any other rights holders, including licensors of copyrights, trademarks, or other intellectual property that may be used, featured or appear in the Deliverables.
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COOLFIRE STUDIOS – GLOBAL PERSONALIZED ACADEMICS
VIDEO PRODUCTION AGREEMENT
regarding the Deliverables pursuant to the Visual Artist Rights Act (17 U.S.C. § 106 A(e)) or other federal, state or local statute. Producer will not mortgage, pledge, assign or otherwise encumber the aforementioned sound tracks, tapes and negative and positive films.
Notwithstanding the foregoing, all of Producer’s original project files, animation files, and color correction files, and any other underlying proprietary technologies, plug-ins, architecture or other proprietary materials used by Producer in the creation of the delivered Deliverables (collectively “Producer Materials”) shall remain the sole property of Producer. Producer hereby grants to Client a limited, non-exclusive, royalty-free license to use any such Producer Materials solely to the extent that may be necessary to enable the delivered Deliverables to perform and/or be displayed as promised.
Independent Contractors . It is understood that Producer is an independent contractor hereunder and Producer agrees, warrants and represents that the Deliverables referred to in this Agreement shall be produced in compliance with all national, state and local laws. Nothing in this Agreement shall constitute an employment relationship between Producer and Client or Agency.
Non-Union . It is expressly understood and agreed that neither this Agreement nor any of Producer's obligations to Client herein shall be subject to, governed by or affected by any collective bargaining agreement.
By Client During Opt-Out Period . Client shall have the right to terminate this Agreement during the Opt-Out Period set forth on Schedule 3 , according to the terms and conditions thereof.
By Either Party for Breach . Either party shall have the right to terminate this Agreement in the event of the other party’s material breach of any obligation, representation or warranty herein, upon giving the breaching party thirty (30) days’ written notice and the right to cure such breach.
Force Majeure . Notwithstanding any other term or provision of this Agreement to the contrary, a party hereto shall not be in violation or breach of an obligation hereunder if and to the extent that it fails to perform or satisfy such obligation by reason of a strike, walk out or other labor interruption or disturbance, riot, fire, explosion, war, armed conflict, governmental action, storm, flood, act of God or any similar cause or event which is beyond the control of such party (a “Force Majeure”); provided, however, that such party shall perform or satisfy such obligation as soon as reasonably practicable after such Force Majeure ends or is diminished to the extent reasonably necessary for such party to perform or satisfy such obligation and, provided further, that the other party shall have the right to terminate this Agreement if the party to perform is unable to perform or satisfy such obligations within 60 days after the occurrence of such Force Majeure.
Governing Law/Arbitration . This Agreement shall be construed in accordance with, and all disputes hereunder shall be governed by, the laws of the state of Missouri, excluding its conflict of law rules. Except as set forth below, any dispute arising under this Agreement that cannot be resolved between Producer and Agency within ten (10) days of written notice by either party to the other, will be submitted to arbitration in the city in which Client is located, and shall be referred to a single arbitrator to be appointed by the parties in accordance with the rules of the American Arbitration Association, and any arbitral award will be enforceable in accordance with the laws of the state of Missouri and the state in which Client is located. The costs of any arbitration will be shared equally between Client and Producer, unless the award provides otherwise. Producer recognizes that in the event of a breach by Client of any of their obligations under this Agreement or other violations of Producer’s rights in connection herewith, the damage, if any, caused Producer thereby is not irreparable or sufficient to entitle Producer to injunctive or other equitable relief. Producer therefore agrees that its rights and remedies shall be
COOLFIRE STUDIOS – GLOBAL PERSONALIZED ACADEMICS
VIDEO PRODUCTION AGREEMENT
limited to the right, if any, to obtain monetary damages at law and it waives any right it might have to seek injunctive relief against the use of the Deliverables by Client and/or its licensees.
Entire Agreement . This Agreement, together with the attached Schedules, constitutes the entire understanding between the parties and there are no other agreements or understandings, written or oral, in effect between the parties relative to the subject matter hereof. This Agreement may not be modified or terminated orally.