Second Payment of Three:
33% of total estimate ($3,810) = $1,266.67 rounded to $1,266
Video Production Contract
for Bad Ass Coffee
This Contract is between Bad Ass Coffee / Chris Ruszkowski (the “Client”) an IdeaSwell LLC(the “Videographer / Production Company”).
With a full day on location including a second shooter for half the day, we will gather a high volume of professional photos and videos for a wide of array of intended usage. Primarily, we will create a captivating video to help convince Bad Ass Coffee franchise owners to remodel their locations based on owner, staff and customer feedback about the Naples’s location transformation with professional, captivating shots depicting the story as much as possible.
‘Work in progress’ photos and videos would be helpful if possible.
Time & Location:
Shoot Date: Tuesday, March 30th, 2021
Video: Videographer on location for 9 hours max. Depending on interviews and shot schedule we may begin organizing footage while on location. Breaks included in the 8 hours timeframe.
Photo: Photographer to be on location for 5 hours max.
Deadline for timeframes to be provided by client:
Video: 5pm, March 25th
Photo: 5pm, March 18th
Aside from the video storyboarding and planning for the primary video, please provide a shot list for additional shots or short video clips by 5pm, March 28th. Our current shot for both photo and video is as follows: the locations new interior, lifestyle shots, staff working and interacting with patrons, staff working on products and product plus product action.
Video: Focus on convincing franchise owners to complete renovations to new Bad Ass Coffee aesthetic. On-site production to include up to six, five to ten minute interviews and a wide array of lifestyle, location and product shots along with potential animated branding intro and/or outro.
*Note: we will also be checking off shots (video) from a list given by the client for “shorts” to be used on social media, delivered in a special folder in the hard-drive labeled “raw-focused”.
Photo: With the help of professional photographer Jason Hatch we will be capturing the location, lifestyle and product shots. Deliverables to include 15 edited shots of each three categories.
*We will again here be making sure hit whatever list is given by the client, however those shots will be properly edited so long as the list is not overly extensive (beyond 25 unique shots).
Raw: To include all viable (well framed, in focus / usable) video and photo files, un-edited. To be delivered by certified mail via HDD hard drive.
Onsite Filming: $900
Onsite Photography: $500
Post Production: $1,900
Photo Edits: $400
Raws (HDD & Mail Cost): $110
Deposit of 33% due by March 18th.
Second payment of 33% due upon first edit delivery. Between April 5th & 10th.
Final payment due within 3 business days of receiving raw files hard-drive.
Terms, Conditions & Disclaimers
Once the deposit is paid the client may cancel services with the following outcomes:
Cancelled before March 20th = 60% refunded.
Cancelled between March 20th & March 27th = 30% refunded.
Cancelled between March 27th = Shoot date = no refund on deposit.
*Refunds are paid within 3 business days of a cancellation via PayPal.
Once the final video has been edited, the client will be able to view it on Vimeo Pro (private link) with the production companies watermark on it. The client will have 5 business days to request revisions to the video. If the client does not review the video or give any feedback within this timeframe the client must accept the video ‘as-is’ and pay the second payment on the 6th day after it’s initial completion and third payment as agreed upon in this contract.
Through assessing the production company’s current portfolio and proper planning, the client agrees that the first given edit will be close to, if not exactly what was expected / requested. In the event it is not, the client may request minimal revisions for one additional edit. “Minimal” implies these edits can be completed within four hours. If these revisions are more extensive, the client will be billed accordingly at a rate of $85/hr.
*Exporting, compressing and uploading a single edit takes one hour.
In the event the client requires the video to be completely re-worked from start to finish, taking more than 12 hours edit time, the client must pay the second payment prior this edit being done.
ANIMATED STATISTICS IN VIDEO
We may be integrating animated statistics to your final edit however at this price range, we will not be custom keyframing them and instead using 3rd party software. This does however limit the level of customization that can be done to them. End users/viewers will not be able to tell the difference. It is merely important we mention this as it may effect potential revision requests.
Photography Plan B:
The videographer will be spending a great deal of time between now and the shoot date fine tuning his photography skills as there will not be a backup plan in the event the photographer does not show. If this occurs, the client will also receive a $200 discount on the final payment. The Videographer will then also stay on location for a max of 12 hours if this occurs.
In the unlikely event the final video contains shots which do not completely adhere to local or state COVID related restrictions the client agrees to take on such issues without mention of the production company nor hold the production company liable in any way.
Although a likeness waiver will be posted at the filming location, it is possible a customer is unhappy with the usage of their likeness for marketing purposes. In the event a customer has already entered the facility and has failed to notice the waiver and makes public their dissatisfaction with being on camera, we will halt filming or redirect the cameras away from them.
For this reason, we do request that all members of staff for this Bad Ass Coffee location make it a point to confirm customers have noticed the waiver on the door as soon as possible after their entry into the building.
OWNERSHIP AND LICENSES.
We utilize Audiio.com for all music and a plethora of sound effects. With the final edit transfer you will be given the downloaded licenses for any tracks used in your video. In the past, with a different audio provider (SoundStripe), a video of ours had a copyright claim made towards it via YouTube. We provided the licenses and the audio was back on within 4 hours. As rare as this is, it does happen. In the event it happens to your video it will be your (the clients) responsibility to provide the audio license to the claimant. The client hereby acknowledges and attests they will take on full responsibility of any copyright claims made on the video.
Client Owns All Work Product.
As part of this job, the Production Company is creating “work product” for the Client. To avoid confusion, work product is the finished product, as well as drafts, notes, materials, mockups, designs, inventions, patents, code, raw video footage, raw photos and anything else that the Production Company works on—that is, conceives, creates, designs, develops, invents, works on, or reduces to practice—as part of this project, whether before the date of this Contract or after. The Production Company hereby gives the Client this work product once the Client pays for it in full. This means the Production Company is giving the Client all of its rights, titles, and interests in and to the work product (including intellectual property rights), and the Client will be the sole owner of it. The Client can use the work product however it wants or it can decide not to use the work product at all. The Client, for example, can modify, destroy, or sell it, as it sees fit. This includes all the usable raw files gathered / captured on location. Raw files to be transferred via hard-drive through USPS certified mail.
Production Company’s Use Of Work Product.
Once the Production Company gives the work product to the Client, the Production Company does not have any rights to it, except those that the Client explicitly gives the Production Company here. The Client gives the Production Company permission to use the work product as part of the Production Company’s portfolio and websites, in galleries, and in other media, so long as it is to showcase the Production Company’s work and not for any other purpose. The Production Company is not allowed to sell or otherwise use the work product to make money or for any other commercial use. The Client is not allowed to take back this license, even after the Contract ends.
The Client’s Confidential Information.
While working for the Client, the Production Company may come across, or be given, Client information that is confidential. This is information like customer lists, business strategies, research & development notes, statistics about a website, and other information that is private. The Production Company promises to treat this information as if it is their own confidential information. The Production Company may use this information to do its job under this Contract, but not for anything else. The Production Company will not disclose this information to any other parties unless directed to do so by the Client.