Terms & Conditions

PERFORMANCE OF SERVICES. (1). Contractor will provide adequate coverage for Recipient’s event and will produce the highest quality digital video. (2). Contractor will deliver professionally produced videos in a timely manner. (3). Contractor will capture the video in digital format complete with state-of-the-art video editing capability. (4). Contractor will have the raw footage outputted in the format of Recipient’s choice.

CANCELLATION POLICY. A minimum of 24 hours notice will be required for cancellation of this Agreement. Any cancellation made with less than 24 hours notice to the agreed-upon service date will result in full payment by the Recipient. If the cancellation is initiated by Contractor, all monies paid to Contractor from Recipient shall be fully refunded. Refund shall be paid out within 15 days.

TERM. Contractor and Recipient agree that this Agreement shall commence on the date of recording and end after your allotted time. Contractor shall provide Recipient with final edits of the video within 15 days. Said Agreement may be extended and/or renewed by agreement of all parties in writing thereafter.

INTELLECTUAL PROPERTY RIGHTS. Recipient grants Contractor a non-exclusive, worldwide, royalty-free right and license to any intellectual property that is necessary for Contractor and its designees to perform the ordered services. Any intellectual property which originates from or is developed by a Party shall remain in the exclusive ownership of that Party. Intellectual property includes, without limitation, patent, copyright, trade secrets, inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice,and other proprietary rights created or originated by the Contractor, its employees, agents, and subContractors, either individually or jointly with others in the performance of this master contract or any Work Authorization. Works includes “Documents.” Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Contractor, its employees, agents, or subContractors, in the performance of a Work Authorization . Upon full payment, if deliverables are created by Contractor specifically for Recipient and identified as such in Supporting Material, Contractor hereby grants Recipient a worldwide, royalty-free license to reproduce and use copies of the deliverables internally is granted to the other Party or shall be implied or arise by estoppel. Contractor will execute all documents necessary to confirm or perfect the exclusive ownership of Recipient to the Works.

DIGITAL MEDIA. The Recipient acknowledges that the Contractor does not always maintain archives of images and footage after delivering the Works to the Recipient. It is the Recipient's sole responsibility to request any desired video, prints, products, or files within 30 days of scheduled appointment. Retrieval/Storage fee of $75 will be applied if after 30 days of receiving images, video, or media.

RELATIONSHIP OF PARTIES. It is understood by the parties that Contractor is an independent contractor with respect to Recipient, and not an employee of Recipient.

PROPERTY. In consideration of the fee, Contractor will lease the allotted space located at 4904 Alpinis Drive Unit 116, Raleigh, North Carolina, 27616 (hereinafter “the Property”). No other portion of the building wherein the Property is located is included unless expressly provided for in this Agreement.

CONFIDENTIALITY. Contractor, and its employees, agents, or representatives will not at any time or in any manner either directly or indirectly, use for the personal benefit of Contractor, or divulge, disclose, or communicate in any manner, any information that is proprietary to Recipient. Contractor and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of the Agreement.

COURTESY. The Services schedule and selected methodology are designed to accomplish the goals and wishes of Recipient. Recipient and Contractor agree that positive cooperation and punctuality are therefore essential.

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

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

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 Agreement.

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 conditions of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. The notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 30 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 Agreement.

FORCE MAJEURE. If the performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party is unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking the 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 in 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 Agreement 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 Agreement. 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 the Agreement or 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 the respective obligations under the Agreement.

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

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

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

GOVERNING LAW. This Agreement shall be governed by the laws of the State of North Carolina.

NOTICE. Any notice of communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement 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 Agreement.

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

SIGNATORIES. This Agreement shall be signed and shall be effective as the date of appointment or upon payment.