Hello,
Like several others in this forum, I'm seeking advice on a standard contract. We're working our way through setting up a small promotional video production firm (targeting medium-size companies and not-for-profits) in the Washington, DC area.
Ultimately, I expect I'll have an entertainment lawyer at least review a proposed contract; I have a lawyer friend who's been looking at my draft from a more general perspective.
What I'm wondering here, though, is what you all think of the contract text below from a BUSINESS perspective. Am I covering my bases? Am I getting things 'out of order'? Are my fee percentages/milestones realistic? Etc.
Thanks!
Catalyst
Video Production Contract
1. Purpose. The Purpose of this document is to establish a contract between Catalyst Digital Studios, LLC, hereinafter referred to as PRODUCER, and _____________________, hereinafter referred to as CLIENT for the production of a video project, hereinafter referred to as the PROJECT.
2. Exchange. PRODUCER offers to produce the PROJECT for CLIENT in exchange for valuable consideration as specified in Paragraph 12 below.
3. Description. The PROJECT is to be a ___hour(s), ___minute __________________________, with a working title of _______________________. The purpose of the PROJECT is ___________________________________________.
4. Script. The PRODUCER shall provide the CLIENT a written script, in a format standard to the production industry, prior to the start of production. CLIENT shall have the right to approve said script or stipulate changes thereto in order to make said script suitable for approval for the CLIENT. Said approval shall be in writing with a signature block for the CLIENT. Any changes made by the CLIENT to the script after said approval that require work beyond the stated scriptwriting estimate contained in the production budget shall be charged over and above the original grand total of said budget.
5. Schedule. PRODUCER shall submit the PROJECT production schedule to the CLIENT for approval. Once said production schedule is approved in writing, any deviation or delay therefrom caused by the CLIENT shall be considered unreasonable and any costs for said delay shall be charged to the production budget over and above the original grand total of said budget.
6. Budget. CLIENT shall approve the written production budget submitted by the PRODUCER. Notwithstanding additional charges specified in paragraphs 4 and 5 above, PRODUCER warrants that the production shall cost no more 110% of the grand total listed in said budget without prior written consent of the CLIENT. CLIENT reserves the right to increase, not decrease said budget at any time after budget approval.
7. Sole Discretion. PRODUCER shall, subsequent to script or estimate approval, exercise sole discretion in the hiring and firing of cast, crew and other production staff. The producer assures the highest possible standards of production for the specified budget.
8. Finished Project Delivery. PRODUCER will deliver to CLIENT the completed PROJECT in one or more of the following formats or methods, at a cost agreed to in Paragraph 12 below:
____ The completed PROJECT will be delivered in DVD format on a single, single-sided, single-layer DVD-R disk with no label artwork to CLIENT’s address in paragraph 8 below. CLIENT initials here _____________.
____ Duplicates of the completed PROJECT in the quantity of ____ will be delivered on individual single-sided, single-layer DVD-R disks with/without (circle one) label artwork to CLIENT’s address in paragraph 8 below. CLIENT initials here _____________.
____ The completed PROJECT will be streamed on-demand on behalf of the PRODUCER by a streaming service provider of PRODUCER’s choice under the terms of the attached “Video Streaming Contract.” CLIENT initials here _____________.
No other use of the project is anticipated, nor have terms of consideration been agreed upon to for any but the use specified herein.
9. Usage. PRODUCER reserves the right to use videos for display, publication or other purposes. All video masters and raw footage remain the exclusive property of PRODUCER. PRODUCER must be notified within 3 days after you receive your final delivery of your video production / DVD if you wish to purchase your raw footage. Raw footage can be transferred to DVD in increments of 2 hours per DVD. Each raw footage DVD costs $75.00. After 3 business days of delivery of your DVD or video production all raw footage is bulk erased and is unrecoverable.
10. Studio liability. PRODUCER takes the utmost care with respect to the production, post- production and delivery of the video(s). However, in the event PRODUCER fails to comply with the terms of this contract, due to any event or act outside the control of PRODUCER, PRODUCER liability is limited entirely to the deposits paid.
11. Production and Editorial Control. - PRODUCER is granted full production and editorial control by the client regarding all aspects of the pre-production, production and post-production services for this project.
12. Production Budget and Payment Schedule. The grand total of the production budget to be paid by the CLIENT to the PRODUCER is $__________. This grand total is payable as follows::
Standard payment method:
25%, or $__________ NON-REFUNDABLE deposit to confirm project;
25%, or $__________ upon script approval;
25%, or $__________ upon completion of primary shooting;
Balance of final 75% plus any agreed-upon additions, or $____________upon delivery to CLIENT of the finished project.
13. CLIENT’s Address. CLIENT's address for all business related to this contract is:
Name: _______________________________________________________________.
Address 1: ___________________________________________________________.
Address 2: ___________________________________________________________.
City: ____________________________ State: ________________ Zip: __________.
Email: _______________________________________________________________.
Phone:___________________________
14. Warranties. PRODUCER makes no warranties express or implied, with respect to the work or property that is the subject matter of this contract.
15. No Other Agreements. There are no other agreements or codicils relative to this PROJECT between either of the parties hereto either verbally or in writing, and this document constitutes the entirety of the contract.
I have read, understand and agree with every provision of this contract and by my signature, hereby certify that I accept and agree to abide by them and that I am competent and legally qualified to enter in to such a contract.
Signed and executed on this ____ Day of ______, 200_,
in the city of ______________________________, located in
__________________________County by:
Client Name: ____________________________________________________________
Client Signature: _________________________________________________________
Title: ___________________________________________________________________
Corporate or Business Name: _______________________________________________
Producer Name: __________________________________________________________
Producer Signature: _______________________________________________________
Title: ___________________________________________________________________
Corporate or Business Name: _______________________________________________
Like several others in this forum, I'm seeking advice on a standard contract. We're working our way through setting up a small promotional video production firm (targeting medium-size companies and not-for-profits) in the Washington, DC area.
Ultimately, I expect I'll have an entertainment lawyer at least review a proposed contract; I have a lawyer friend who's been looking at my draft from a more general perspective.
What I'm wondering here, though, is what you all think of the contract text below from a BUSINESS perspective. Am I covering my bases? Am I getting things 'out of order'? Are my fee percentages/milestones realistic? Etc.
Thanks!
Catalyst
Video Production Contract
1. Purpose. The Purpose of this document is to establish a contract between Catalyst Digital Studios, LLC, hereinafter referred to as PRODUCER, and _____________________, hereinafter referred to as CLIENT for the production of a video project, hereinafter referred to as the PROJECT.
2. Exchange. PRODUCER offers to produce the PROJECT for CLIENT in exchange for valuable consideration as specified in Paragraph 12 below.
3. Description. The PROJECT is to be a ___hour(s), ___minute __________________________, with a working title of _______________________. The purpose of the PROJECT is ___________________________________________.
4. Script. The PRODUCER shall provide the CLIENT a written script, in a format standard to the production industry, prior to the start of production. CLIENT shall have the right to approve said script or stipulate changes thereto in order to make said script suitable for approval for the CLIENT. Said approval shall be in writing with a signature block for the CLIENT. Any changes made by the CLIENT to the script after said approval that require work beyond the stated scriptwriting estimate contained in the production budget shall be charged over and above the original grand total of said budget.
5. Schedule. PRODUCER shall submit the PROJECT production schedule to the CLIENT for approval. Once said production schedule is approved in writing, any deviation or delay therefrom caused by the CLIENT shall be considered unreasonable and any costs for said delay shall be charged to the production budget over and above the original grand total of said budget.
6. Budget. CLIENT shall approve the written production budget submitted by the PRODUCER. Notwithstanding additional charges specified in paragraphs 4 and 5 above, PRODUCER warrants that the production shall cost no more 110% of the grand total listed in said budget without prior written consent of the CLIENT. CLIENT reserves the right to increase, not decrease said budget at any time after budget approval.
7. Sole Discretion. PRODUCER shall, subsequent to script or estimate approval, exercise sole discretion in the hiring and firing of cast, crew and other production staff. The producer assures the highest possible standards of production for the specified budget.
8. Finished Project Delivery. PRODUCER will deliver to CLIENT the completed PROJECT in one or more of the following formats or methods, at a cost agreed to in Paragraph 12 below:
____ The completed PROJECT will be delivered in DVD format on a single, single-sided, single-layer DVD-R disk with no label artwork to CLIENT’s address in paragraph 8 below. CLIENT initials here _____________.
____ Duplicates of the completed PROJECT in the quantity of ____ will be delivered on individual single-sided, single-layer DVD-R disks with/without (circle one) label artwork to CLIENT’s address in paragraph 8 below. CLIENT initials here _____________.
____ The completed PROJECT will be streamed on-demand on behalf of the PRODUCER by a streaming service provider of PRODUCER’s choice under the terms of the attached “Video Streaming Contract.” CLIENT initials here _____________.
No other use of the project is anticipated, nor have terms of consideration been agreed upon to for any but the use specified herein.
9. Usage. PRODUCER reserves the right to use videos for display, publication or other purposes. All video masters and raw footage remain the exclusive property of PRODUCER. PRODUCER must be notified within 3 days after you receive your final delivery of your video production / DVD if you wish to purchase your raw footage. Raw footage can be transferred to DVD in increments of 2 hours per DVD. Each raw footage DVD costs $75.00. After 3 business days of delivery of your DVD or video production all raw footage is bulk erased and is unrecoverable.
10. Studio liability. PRODUCER takes the utmost care with respect to the production, post- production and delivery of the video(s). However, in the event PRODUCER fails to comply with the terms of this contract, due to any event or act outside the control of PRODUCER, PRODUCER liability is limited entirely to the deposits paid.
11. Production and Editorial Control. - PRODUCER is granted full production and editorial control by the client regarding all aspects of the pre-production, production and post-production services for this project.
12. Production Budget and Payment Schedule. The grand total of the production budget to be paid by the CLIENT to the PRODUCER is $__________. This grand total is payable as follows::
Standard payment method:
25%, or $__________ NON-REFUNDABLE deposit to confirm project;
25%, or $__________ upon script approval;
25%, or $__________ upon completion of primary shooting;
Balance of final 75% plus any agreed-upon additions, or $____________upon delivery to CLIENT of the finished project.
13. CLIENT’s Address. CLIENT's address for all business related to this contract is:
Name: _______________________________________________________________.
Address 1: ___________________________________________________________.
Address 2: ___________________________________________________________.
City: ____________________________ State: ________________ Zip: __________.
Email: _______________________________________________________________.
Phone:___________________________
14. Warranties. PRODUCER makes no warranties express or implied, with respect to the work or property that is the subject matter of this contract.
15. No Other Agreements. There are no other agreements or codicils relative to this PROJECT between either of the parties hereto either verbally or in writing, and this document constitutes the entirety of the contract.
I have read, understand and agree with every provision of this contract and by my signature, hereby certify that I accept and agree to abide by them and that I am competent and legally qualified to enter in to such a contract.
Signed and executed on this ____ Day of ______, 200_,
in the city of ______________________________, located in
__________________________County by:
Client Name: ____________________________________________________________
Client Signature: _________________________________________________________
Title: ___________________________________________________________________
Corporate or Business Name: _______________________________________________
Producer Name: __________________________________________________________
Producer Signature: _______________________________________________________
Title: ___________________________________________________________________
Corporate or Business Name: _______________________________________________
