TRAVEL EXPENSES: Unless otherwise specified in this agreement travel expenses are handled as follows: For filming outside of 100 miles of Salt Lake City, UT a fee of .90 cents per mile driven is required, which will be invoiced after the event. Any event over 100 miles away from Salt Lake City, UT is subject to 1 night hotel stay for NP films to be purchased by the client and any event 350 miles away from Salt Lake City, UT or more requires a minimum of 2 nights hotel stay for NP films to be purchased by the client. In the event the package requires multiple days of on site coverage the Client is responsible for all hotel accommodations throughout the duration of the outlined services (See Wedding / Event Package and Included Services) NP films can purchase the hotel accommodations if needed, and Client understands this expense is then invoiced on final balance amount to be collected before delivery of final product. Any event requiring NP films staff to fly to the event requires the Client to pay for or reimburse NP films for any airline expenses,including baggage fees. NP films usually uses taxis to navigate around the destination city, but if a car rental is required, the Client agrees to reimburse NP films. A food per diem of $60 a day, per NP films shooter is also required for events where flight travel is needed. Events less than 100 miles from Salt Lake City, UT are not subject to any travel fees.
RESERVATION: Upon your signature, NP films reserves the time and dates agreed upon, and will not make other reservations for this time and date. For this reason, a nonrefundable retainer (see payment) must be received along with the signed agreement before we can reserve your date.
PRE-EVENT CONSULTATION: Both parties agree to a pre-event consultation fourteen (14) days, and no later than seven (7) days, before the event date in order to finalize the actual shooting times, locations, and any request for specific coverage. Any and all requests made by the client for specific coverage shall be provided to NP films in writing no later than seven (7) days prior to the event date. NP films shall not be held liable for delays in shooting created by the late arrival of clients, family, models, or separately contracted talent whose presence is necessary for the contracted shoot.
COOPERATION: Both parties agree to reasonable cooperation and communication for the best possible results for which this Agreement is entered into. Video used in the final product have been included at the discretion of NP films. NP films is not liable for any footage of any person, place, or thing not included in the final product that has not been detailed and explained specifically in writing (7) days prior to the event date (see pre-event consultation). The client grants NP films full production and creative license to photograph, film, and edit the final product based on their style without the option for a re-editing request by client, unless there are obvious omissions, errors with playback or viewing, or contains grammatical errors. Re-edits are subject to a fee of $100/hr.
SHOOTING TIME / ADDITIONS: Both parties agree that cheerful cooperation and punctuality are essential to the purpose and goals of the terms of this agreement. Thus it is mutually understood and agreed to that shooting shall commence at the scheduled start time.
VENUE RULES: It is the responsibility of the client to secure permission of the venue and their designated officials to perform the scope of work. The payments rendered are non-refundable if such officials, rules or regulations prevent NP films from delivering on the event package. NP films will adhere to the rules and standards of the venue and will comply with all local, state and federal laws. Client agrees to accept the technical results of NP film’s compliance with these rules.
COPYRIGHTS: NP films reserves all rights to the photographic images and video footage they capture during the event and may use original and/or duplicate physical or digital media for demonstration, publication, or other purposes. Until final payment for services rendered is made, the video produced by NP films are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without NP films expressed written permission. Client releases any and all claims to any profits received by NP films for the use and/or reproduction of these images or video. RAW footage, as described as unedited or unused images or video, is not available to the client. Upon final payment by the Client, limited copyright ownership of the resulting images and video will be delivered to the Client with the mutual understanding that all digital files are the property of the Client. However all photos and video are not to be edited by anyone other than NP films. Client shall not use or otherwise reproduce digital files for profit, unless expressly authorized in writing by NP films.
TALENT RELEASE: The Client hereby grants to NP films and its legal representatives, full permission for the irrevocable and unrestricted right to use and publish all photographic images and video captured of the event where the client, talent, contracted or otherwise separately obtained by the Client, appears. This includes but is not limited to Client’s property, family, friends, and relatives for editorial, trade, advertising, and for any other purpose through the medium and manner seen fit by NP films; this permission also grants NP films the ability to alter the same without restriction; and to copyright the same. It is understood that NP films is released of all claims and liability relating to the above mentioned photographs and video.
EXCLUSIVITY: It is understood that NP films staff are the exclusive videographers for capturing video during the event. Outside of NP films staff, there are to be no other videographers present during the event. Any and all recording devices, cell phone cameras, and all digital recorders are strictly prohibited during production without the expressed written consent of NP films.
LIMIT OF LIABILITY: If NP films are unable to perform the services agreed upon for whatever reason, other than an act of God (including but not limited to: inclement weather, unforeseen emergencies, fire, terror) or an unforeseen illness / injury NP films will return the total amount of investment agreed upon and received in monetary payment. NP films will not be held liable in the event that video materials are damaged, stolen, lost in the mail, otherwise go missing, or become damaged through circumstances out of the control of NP films. In addition NP films will not be held liable for emotional damages in the event that we are unable to perform services agreed upon. In circumstances beyond NP FILM’s control designated as an act of God, where videographers hired will not be able to attend on the reserved wedding date, such as an illness or family emergency, client agrees to allow NP FILMS to hire another professional videographer to fulfill the agreement.
COMPLETION SCHEDULE: The target date for completion and delivery of the final product is 26 weeks after the date of the event, (If all order requests and information pertaining to have all been given to NP films). NP films strives to complete products well before this time frame, but is not held liable before this target date.
ARCHIVING: Once the final product is delivered, The Client has 2 weeks from delivery receipt date to view the DVD, and inform NP FILMS of any errors or changes needed. After 2 weeks, if we haven’t received a response or confirmation, the Client gives NP FILMS the right to remove master files used to edit the event from the server in order to make room for future jobs. After completion of video, NP FILMS will master the video to a solid state backup (in High Definition) for archiving and for re-formatting to future media in the years to come. NP FILMS is not liable for destruction or damage of the final product owned by the client. It is the responsibility of the client to back-up any form of video they receive.
INSUFFICIENT FUNDS: In the event of a returned check due to insufficient funds, the Client shall be responsible for paying the remaining balance in cash in addition to a 15% processing fee.
SEVER-ABILITY: If any portion, term, condition, restriction, covenant or section of this Agreement is found to be unenforceable, the remainder of this Agreement shall retain its validity and the unenforceable section shall be stricken from the Agreement and shall not affect the other parts of this Agreement.
ENTIRE AGREEMENT: This Agreement incorporates the entire understanding of the client(s) and the client(s) agree to all its terms, and acknowledge receipt of a completed copy of the Agreement signed by all Parties and clients involved. Any modifications of this Agreement must be in writing in the form of an Addendum on a separate sheet of paper and signed by all parties. Handwritten or verbal modifications to this agreement shall be void. The Client signing below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this agreement. NP films reserves the right to refuse service, withhold deliverables and/or adjust payment terms and amounts if the project scope changes from what it has been agreed to in this document. This Agreement shall be governed by the laws of the State of Utah. What is in writing in this agreement between NP films and the paying client is the only agreement under law. No oral or written agreements outside of this document are legal and binding.
IN WITNESS WHEREOF, the parties have executed this agreement;