360 El Torito | Cell. (626) 848-5451 | Info@360eltorito.com | Los Angeles, CA

CONTRACT FOR VIDEOGRAPHY SERVICES

This Videography Contract (the "Contract") is made effective as of Date field. (the "Effective Date"), by and between First Client Full Name of First Client Address and 360 El Torito of Los Angeles, CA.

DESCRIPTION OF SERVICES. Beginning on  Project Date 360 El Torito will provide to the First Client Full Name following videography services (collectively, the "Services"):

360 El Torito will PROVIDE EXACT DETAILS OF SERVICE. Service Details   

PERFORMANCE OF SERVICES. (1). 360 El Torito will provide adequate coverage for First Client Full Name event and will produce the highest quality digital video. (2) 360 El Torito will deliver the professionally produced videos in a timely manner. (3). 360 El Torito will capture and master the images in digital format, complete with state of the art video editing capability. (4). 360 El Torito will have the videos outputted in the format of First Client Full Name choice.

PAYMENT. (1).First Client Full Name agrees to pay  360 El Torito, a sum of $ in consideration of the videography services to be rendered by 360 El Torito In consideration for this fee, 360 El Torito will devote Timehours to cover the event or occasion of First Client Full Name. (2). 360 El Torito will provide proofs for final purchase of videos. (3). ShouldFirst Client Full Name request 360 El Torito to create a compilation or other material from the footage, the fees for this service will be provided toFirst Client Full Name at that time by 360 El Torito.  

TERM. 360 El Torito andFirst Client Full Name agree that this Contract shall commence on the above date and terminate onDate. 360 El Torito shall provideFirst Client Full Name with video samples of the final video withinTime. Said Contract may be extended and/or renewed by agreement of all parties in writing thereafter.

COPYRIGHT. Any copyrightable works, ideas, discoveries, products, or other information (collectively, the "Work Product") developed in whole or in part by 360 El Torito in connection with the Services will be the exclusive property of 360 El Torito orFirst Client Full Name.

COURTESY. The videography schedule and selected methodology are designed to accomplish the goals and wishes ofFirst Client Full Name.   First Client Full Name and 360 El Torito agree that positive cooperation and punctuality are therefore essential.

RELATIONSHIP OF PARTIES. It is understood by the parties that 360 El Torito is an independent contractor with respect toFirst Client Full Name, and not an employee ofFirst Client Full Name.

WARRANTY. 360 El Torito shall provide his or her services and meet his or her obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in 360 El Torito community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to 360 El Torito on similar projects.

INDEMNIFICATION.First Client Full Name warrants that it has the full legal rights to any and all photographic, film, or video images supplied byFirst Client Full Name to 360 El Torito for use in the Video. Client agrees to indemnify, defend and 360 El Torito and its directors, agents, employees, and associates and each of them, harmless from and against any and all losses, costs, damage, liability and expense, including reasonable attorney’s fees, arising out of any claim whatsoever, directly or indirectly, from the use of copyright images supplied to 360 El Torito by First Client Full Name.

LIABILITY. 360 El Torito will perform their tasks to the best of their ability, but 360 El Torito accepts no responsibility for unforeseen circumstances including but not limited to equipment failure, power outages, inability to attend and perform services due to illness, and/or any other situation beyond 360 El Torito control. In the event that unforeseen circumstances occur, 360 El Torito will use best effects to provide similar services. 360 El Torito liability in any case shall be limited to a monetary amount no greater than the total of monies paid byFirst Client Full Name.

DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:

a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.

REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 10 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.

FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

ARBITRATION. Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.

ENTIRE CONTRACT. This Contract contains the entire Contract of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.

SEVERABILITY. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

AMENDMENT. This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.

WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.

ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.

SIGNATORIES. This Agreement shall be signed by First Client Full Name and by 360 El Torito and shall be effective as of the date first written above.

Signature