Videography and Photography

Terms and conditions

This videography and photography agreement (the “Agreement”) by and between ATX Certified LLC, d.b.a. ATXthejungle (the "Business") and the client that completes the Videography Registration Form and pays an Invoice for services (the "Client") as mutually agreed with the Business, is made effective as of the date of Client’s payment of the initial amount on the corresponding Invoice.

 

In consideration of the promises, covenants and conditions contained herein, the Parties agree as follows:

  1. The Parties agree that Business and its representatives will record various video footage and photography on a date and time mutually agreed between the parties at Business’s studio located at 301 Chicon St., Suite A, Austin, TX 78702 (the “Facility”) or at Client’s location as mutually agreed with Business.  Business will edit such footage to produce video, photographs or related materials as agreed with Client and shown on the invoice.  Upon completion of these services, Business will provide the mutually agreed deliverables (the “Deliverable”) as digital files. 

  2. Limitations. The services will be limited to the duration and edits agreed between the parties before any services are started.  Unless otherwise specified prior to starting the services, video shoots will be limited to 30 minutes unless the Client pays for additional time.  Although the Business occasionally provides discounted rates for the standard video shoot time, additional time added during the shoot will be charged at the standard rate of $500 per hour.  Additionally, Client understands that unless agreed up front and/or Client pays for additional time, no edits to the Deliverable will be provided except as determined by the Business.

  3. Creative Control and Revisions. Client grants Business limited creative control over performance of the Services, including decisions related to filming and editing the video. Client will provide requests for specific shots or scenes to be incorporated to Business ahead of the services. Business will provide limited revisions to the video if requested by Client. Business is not obligated to accept Client’s requests for revisions or edits if they cannot be completed within the time and scope of the services.

  4. Releases.  Client will be responsible for securing any necessary releases, permissions or waivers for any location at which the footage is recorded other than the Facility or from individuals that may be recorded on video.

  5. Fees and Payment.  Client agrees to pay a the fees quoted by the Business and documented on the Invoice for completion of the Services and the Deliverable (the "Fee"). Unless otherwise noted, the Fee must be paid in full at least 24 hours prior to starting the Services. Business will immediately terminate this contract if the Fee has not been paid and any partial fees paid prior to termination will not be refunded.

  6. Promotional Terms.  Should client identify business in any materials or online posting of the Deliverable, all references will correctly identify business as “ATXthejungle” (all one word, capitalized as shown) or “@atxthejungle” when tagging on social media, and will only use logos pre-approved by the Business.

  7. Ownership and License. Client will be granted a full, perpetual, non-exclusive license of the Deliverable, subject to the Promotional Terms in this Agreement.  Business will retain the right to use the Deliverable and interim materials (including limited previews and promotional images) for Business's advertising, trade, promotion, exhibition, and/or any other lawful purposes. Such licenses shall survive the termination of this Agreement.

  8. Term and Termination. The Agreement ends upon delivery of the Deliverable described at the top of this Agreement. If Client chooses to terminate the Agreement prior to that, Business will retain the rights described above to any materials produced prior to Termination.

  9. Use of the Facility.  If Client and Business agree to shoot any footage at the Facility, Business will grant Client limited use of the Facility for the purpose of the services described in this Agreement.  Client will use reasonable care to prevent damage to the Facility and will comply with the reasonable requests or policies of the Business and all applicable laws and regulations.

  10. Indemnification. Client shall defend, indemnify and hold Business harmless from any and all claims, injuries, damages, losses and/or suits arising from or relating to this Agreement, and/or Business's performance of the Services as set forth herein.

  11. Limitation of Liability. In no event shall Business, its crew members, officers, directors, employees, subcontractors, vendors and/or suppliers be held liable for any incidental, consequential, indirect, or punitive damages of any kind. In no event shall Business, its crew members, officers, directors, employees, subcontractors, vendors, and/or suppliers be liable for the cost of replacement goods or services. CLIENT UNDERSTANDS AND AGREES THAT BUSINESS'S LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT FOR THE SERVICES.

  12. Independent Contractor; No Partnership. Business and Client shall each be and remain an independent contractor with respect to all rights and obligations arising under this Agreement. Nothing herein contained shall make, or be construed to make, Business or Client a partner of one another, nor shall this Agreement be construed to create a partnership or joint venture between and of the parties hereto or referred to herein.

  13. Choice of Law and Venue.  The laws of the state of Texas shall govern all matters arising out of or relating to this agreement.  Both parties consent to the personal jurisdiction of the state and federal courts in Travis County, Texas.