The following constitutes the Videography Agreement (the “Agreement”) of Happy Elder Plan, LLC (the “Videographer"), its agents and their respective licensees, successors and assigns. Please read the Agreement in its entirety and contact the Videographer if you have any questions or concerns about the Agreement. As used in the Agreement, all references to “you” or “your” or the “Client” refers to the signer of this Agreement, which could be the interviewee or Guardian/Power of Attorney, if applicable. You represent that you have the legal authority to enter into this agreement. Checking the box and signing below will serve as your electronic signature reflecting your assent to the terms and conditions of the Agreement. It is understood that Videographer is the exclusive Videographer retained by the Client to cover the services requested (i.e. Memory Video creation). Any conflicts with other video coverage contracts and any notifications necessary to avoid such conflicts are the sole responsibility of the Client. Client is responsible for getting permission to film/photograph/record at the location, either in-person or virtual filming. If using virtual filming, such as an interview over video conference software (i.e. Zoom), Client is responsible for arranging the necessary equipment and meeting space. The Client provides consent to be photographed, recorded, and or videotaped for the oral history/memory video interview. Client is responsible for showing up for the interview and participating. If Client needs extra assistance with being interviewed, it is Client's responsibility to arrange for this assistance. The Client warrants that he/she has the legal rights to anything the Videographer will videotape, including photos, musical recordings, videotapes, or any other materials delivered to Videographer for inclusion in the Client's video. Videographer is not responsible for environmental, mechanical, technical issues, or factors that are outside of control of Videographer. Videographer is interested in preserving history and educating future generations using oral histories, thus material can be used for those purposes and could be made available to the public, including on the Internet, social media, print, and other forms of media. Videographer reserves the right to use audio, videos and photos for display and or promotional purposes. All video masters, raw footage and photographs remain the exclusive property of Happy Elder Plan, LLC, or its assigns. Artistic Style. On its own behalf and on behalf of the subject: Client acknowledges that he/she is familiar with the Videographer's portfolio and is requesting services with knowledge of the company’s style and that Videographer's work is constantly evolving; that the Videographer's services are of a unique and artistic nature; that the video may be different from videos done by the company in the past; and that in creating the videos we shall use our own creative artistic judgment to create videos consistent with our personal judgment and consistent with our vision of the event, which may be different from the clients and or the subject’s vision of the event. Accordingly, client acknowledges that the videos shall not be subject to rejection on the basis of taste or esthetic criteria. If Videographer fails to comply with the terms of this agreement due to any event or at beyond the control of Videographer, including but not limited to illness, accident, labor disputes, acts of God and other catastrophes, or uncontrollable and unforeseeable equipment failure, Videographer's liability is limited only to a refund of all monies received.