Videographer’s Agreement (Commercial)

Many freelance videographers offer their services to consumers and business clients alike and in both cases should be covered by comprehensive terms and conditions of business and contracts.

This document is compliant with United Kingdom data protection legislation.

This document is designed for use by videographers providing their services to businesses for use in commercial projects such as advertising and marketing. A video may be for the customer to use to promote its business generally or certain products or services that it offers, or it may be used for staff training/communication, or to record a particular event or activity, e.g. a trade show. The completed video might be in a format which enables the customer to play it to a live audience, or in a format enabling the customer to make it available to view on the customer’s website, or on social media or Youtube.

The videographic services to be provided should be set out by the Videographer and the customer in the Order form (attached to the Agreement).

Details of the services to be covered in the Order could include a specification of the customer’s requirements in relation to the video, e.g. the live action to be filmed, motion graphics to be created, voice over scripts, music, sound effects, scouting for or specifying location/s, set design or editing requirements to produce one or more versions of the video etc.

Under this form of Agreement, licences are granted for individual projects undertaken by the customer with royalties payable for each project (but not for repeated uses within the same project).

Clauses in this template Agreement cover key factors including payment, and the always-important issue of copyright and licensing. A detailed clause also addresses insurance, liability and indemnity (unlike the terms in the non-commercial version of this template).

This document also includes a comprehensive set of “boilerplate clauses”. These standard clauses are designed to offer greater legal certainty and protection for all parties concerned.

An alternative version of this document is also available which provides for non-commercial usage of the videographer’s work.

This Videographer’s Agreement (Commercial) contains the following clauses:

1. Definitions and Interpretation
2. Orders
3. Deposit
4. Price and Payment
5. Cancellation and Re-scheduling
6. Videography
7. Copyright and Licensing
8. Insurance, Liability and Indemnity
9. Confidentiality
10. Force Majeure
11. Term and Termination
12. Effects of Termination
13. [Data Protection]
14. [Data Processing]
15. No Waiver
16. Further Assurance
17. Costs
18. Set-Off
19. Assignment and Sub-Contracting
20. Time
21. Relationship of the Parties
22. Non-Solicitation
23. Third Party Rights
24. Notices
25. Entire Agreement
26. Counterparts
27. Severance
28. Dispute Resolution
29. Law and Jurisdiction

Schedule 1 – Order

Schedule 2: Price and Deposit

Schedule 3: Data Processing

This document is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

Optional phrases / clauses and notes are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.

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