Terms & Conditions
Do Good Video uses a custom set of Terms & Conditions in order to protect you as our client, DGV as a business entity, Kyle as an owner and as a person, our team as business professionals and as real people, and all of our business dealings together. These Terms & Conditions are actually the result of many lessons learned over the years of running a video production business. Each Term & Condition has been intentionally crafted to be as reasonable and as fair as possible to all parties involved. In practicality, these help to clear up any questions or concerns that could arise through the exchange of money for video. This also helps to set expectations and guidelines for our relationship together. Our aim is to be professional, maintain integrity, and to make things as easy as possible. Without further adieu, please find our Terms & Conditions below. Please note, that along with these Terms & Conditions, we also include a Purpose or Scope of Work statement at the top, a Summary at the bottom, and Signatures on the last page. If you have any questions, please Contact DGV Here.
Terms & Conditions
This [JOB TYPE] Agreement (this “Agreement”) is made as of the [DATE] (the “Effective Date”), by and between Do Good Video Productions LLC, a Maryland limited liability company (the “Studio”), and [CLIENT NAME] of [CLIENT BUSINESS NAME] (the “Client”).
The parties agree as follows:
1. ENGAGEMENT. Client engages Studio to perform Video Production services for Client on a [MONTHLY / ONE-TIME] basis, as requested by Client (the “Contract Services”), which Contract Services may include but are not limited to the following:
(a) Pre-production services such as content development and script writing
(b) Production services such as audio and video recording
(c) Post production services such as audio and video editing
(d) General marketing and advertising support
Studio will perform the Contract Services in a competent, professional and timely manner, consistent with the methods and standards of care and competence generally accepted in the Professional Video industry.
2. CONTRACT TERM. The term of this Agreement (the “Contract Term”) will begin as of the Effective Date and will continue through in effect until terminated as provided herein. If this Agreement is not sooner terminated in accordance with the provisions hereof, this Agreement will automatically terminate [6 OR 12] months after the Effective Date. The Client will have the option to extend this Agreement at the end of this Contract Term.
3. CONTRACT FEES. In consideration for the faithful performance of the Contract Services, Client will pay Studio fees at the rate of [$AMOUNT] per [MONTH / ONE-TIME] for Contract Services rendered by Studio during the Contract Term (the “Contract Fees”). Studio will provide Client with an itemized statement of Contract Services performed on a monthly basis. Client will pay each undisputed invoice to Contractor within fifteen (15) days after receipt of invoice. The Contract Fees constitute Contractor’s total compensation for the Contract Services.
4. CLIENT INDEMNIFICATION. Client warrants that it has the full legal rights to any and all photographic, film, or video images, as well as to any and all instrumental, foley, vocal, or mixed musical audio supplied by the Client to Studio for use in the Video. Client agrees to indemnify, defend and hold Studio and its officers, directors, agents, employees, representatives, associates and affiliates and each of them, harmless from and against any and all losses, costs, damage, liability and expense, including reasonable attorneys’ fees, arising out of any claim whatsoever, directly or indirectly, from the use of copyright images and/or audio supplied to Studio by Client.
5. STUDIO INDEMNIFICATION. Studio agrees to indemnify, defend and hold harmless Client and its affiliates, subsidiaries and their respective officers, directors, members, employees, agents, representatives and shareholders from and against any and all claims, demands, and litigation (collectively, "Claims") made or threatened by any third party and all reasonably related losses, expenses, damages, costs and liabilities, including reasonable attorneys' fees and expenses incurred in investigation or defense ("Damages") to the extent such Claims and/or Damages arise out of or relate to a breach by Studio of any of its obligations, duties, representations, warranties, or covenants contained in this Agreement.
6. COPYRIGHTS. Once Contract Fees have been paid, Client will have copyright ownership of the completed Video. Studio may use any parts of it for valid business promotion (e.g. demo reel, Studio website content, online marketing, etc.). Studio retains copyright ownership of original unedited video and audio files captured by Studio production crews; i.e. in person, on location, or in studio filming and recording of audio and video. Client retains copyright ownership of any original unedited video and audio files which they created and provided to Studio.
7. FILE TRANSFERS. Studio will provide Client with necessary access to Studio cloud storage spaces for reasons related to file transfers, reviews, and Video delivery (“File Transfers”). Client will be responsible for any costs associated with Client cloud storage accounts, which may be necessary to complete File Transfers. If Client requests delivery via physical hard drive, Client will be responsible for the cost of providing a hard drive.
8. CREATIVE CONTROL. Based on discussions with Client on shared vision, Studio retains creative control over the final Video, only after making every reasonable effort to work with Client to achieve Client’s vision, including getting direct feedback and input from Client. Studio’s goal is to produce a final Video that meets Client’s creative vision, and Studio will work to the best of their ability to meet Client needs.
9. FORCE MAJEURE. The failure of either party hereto to comply with the terms and conditions hereof because of an act of God, strike, labor troubles, war, fire, riot, hurricane, earthquake, acts of domestic terrorism, actions of governmental authorities (federal, state, or local), curtailment or unavailability of power, transportation, materials, or for any other reason beyond the reasonable control of such party (each an “event of Force Majeure”), shall not be deemed a breach of this Agreement. In such event this Agreement may be terminated by written notice from one party to the other with no liability and all deposits will be returned; or, at the mutual option of the parties, the work may be rescheduled to a later date.
10. DELIVERY DATE. The Video will be delivered to the Client by the end of each service month, provided the Client has supplied Studio with all necessary materials within a reasonable amount of time from Studio’s request. These include, but are not limited to logos, pre-existing photo, video, or audio assets, rough cut feedback, etc. Client understands that any delay on Client’s part to deliver needed materials for the Video, or to schedule time to record interview sessions, may affect either the delivery date, or Client’s ability to submit editing feedback. The video is considered to be “Delivered” once Rough Cut revisions have been made, and the Final Cut is approved and Client confirms receipt.
11.REVISIONS. It is the intention of the Studio to deliver Videos that are in alignment with the Client’s vision and goals. Therefore, the Client will have the opportunity to propose editing changes and revisions while reviewing First, Second, and Final Cuts of the Video. All changes and revisions must be proposed before Video is Delivered. Revisions to landing page Videos will be considered based on performance and data analytics.