VIDEO RECORDING AGREEMENT
THIS AGREEMENT is made at (City) this________ day of_______ 20_______
_________________, (hereinafter referred to as ‘the ARTIST’) party of the FIRST PART,
[Name of the Producer], producer of [Name of Video Company] (hereinafter named and referred to as ‘the PRODUCER’) party of the SECOND PART.
WHEREAS, Producer has recognized expertise in video production?and
WHEREAS, Artist wishes to engage Producer to record a music video featuring Artist performing a song titled “_____________” (the “Video”).
NOW THIS AGREEMENT WITNESSETH
- PRODUCTION SERVICES
Producer shall provide Artist with the video recording and production services (hereinafter “Production Services”) described within this Agreement.
Principal photography shall begin on [date]. Producer shall make Delivery, as defined herein, of the Video to Artist no later than [date or time after completion of video].
“Delivery” shall consist of delivery of (i) a fully edited sound synchronized video master, and (ii) all other recorded elements created during production including but not limited to all audio tracks, video footage and outtakes. Delivery will not be deemed to have occurred until Artist accepts the Video as suitable for commercial exploitation.
Producer shall provide the Production Services to Artist promptly with the degree of skill, attention and due care that is standard practice within the professional Production Services industry.
Producer and Artist agree that the budget shall represent 100% of the funds required to produce the Video. This amount represents the Producer’s total anticipated costs and profit.
If the Producer hires a director, the Director shall be an employee of the Producer for purposes of the production and Delivery of the Video.
- GRANT OF RIGHT: WORK MADE FOR HIRE.
The Video and all other materials created or contributed by the Producer including all footage, outtakes and audio tracks (the “Materials”), shall be the sole property of Artist throughout the universe, free from any claims whatsoever by Producer; and Artist shall have the exclusive right to register the copyright(s) in such Materials in his/her name as the owner and author thereof and to secure any and all renewals and extensions of such copyright(s).
Without limiting the generality of the foregoing, Artist and any person authorized by Artist shall have the unlimited exclusive right, throughout the universe, to manufacture or create copies of the Video or any other Materials by any method now or hereafter known, or any work derived from the Video or the Materials and to sell, market, transfer or otherwise deal in same under any trademarks, trade names and labels, or to refrain from such manufacture, sale and dealing.
Artist or any person authorized by artist shall have the right throughout the universe, and may grant to others the right, to reproduce, print, publish, or disseminate in any medium the name, portraits, pictures, likenesses and biographical material concerning Producer and Director any other person providing Production Services, as news or information, or for the purposes of trade, or for advertising purposes, in connection with promotion marketing and sale of the Video. As used in this Agreement, “name” shall include, without limitation, any professional names.
The Parties agree that the Effective Date of this Agreement shall be as set forth at the beginning of this Agreement. The parties acknowledge that the total amount of the attached Budget is [amount] overages.
In regard to overages to the Budget, Producer shall not charge Artist any amount in addition to the approved Budget without Artist‘s prior written approval.
Notices, reports, accountings or other communication which Producer or Artist may require or desire to send to the other must be delivered either by: Certified mail, return receipt requested to the parties at the addresses first written above or other address to be designated by Producer or Artist as the case may be? or Electronic mail at the following addresses:(i) for Artist: _________@___.com (ii) for Producer: ___________@___.com
Producer may not assign this Agreement or any right or obligations under this Agreement. Artist may assign this Agreement or any of her rights or obligations hereunder to any person, firm, or corporation including a corporation in which Artist is a principal, provided that (i) Artist shall remain responsible for any payments required to be made under this Agreement, and (ii) the assignee has the necessary cash on hand to make any payments required under this agreement.
- WARRANTIES AND INDEMNIFICATION
Producer warrants and represents that he has the legal right to enter into this Agreement including the legal right to sign on behalf of the Director. Producer further warrants and represents that: (a) all content contributed by the Producer shall be original and not interfere with or violate any rights of any third party? (b) no content appearing in the Video, including artwork or photography, will interfere with or violate any rights of any third party. Producer warrants and represents that he shall provide valid signed releases from any third party performing or appearing in the video, and that he shall, if legally required, secure valid signed location releases from any location appearing in the video.
Producer and each of his representatives, employees, contractors, agents and representatives hereby release, indemnify and agree to hold harmless Artist and her agents and representatives from and against any and all losses and/or damages which arise out of the Production Services.
Artist may terminate this Agreement upon written notice in the event of a material breach by Producer, including late delivery of the Video, if such breach is not cured within [days] of notice thereof. If such breach is not cured within that time, Producer shall not be entitled to any additional payments and, upon notice by Artist, Producer shall refund to Artist any monies previously paid.
- RELATIONSHIP BETWEEN PARTIES
Producer and Artist shall have the relationship of independent contractors. Nothing herein shall be construed to place Producer and Artist in the relationship of principal and agent, employer and employee, master and servant, partners, or joint venturers, and neither party shall, either expressly or by implication, have represented themselves as having any authority to make contracts in the name of, or binding on, each other, or to obligate the other in any manner.
Complete Agreement:Producer and Artist acknowledge that this Agreement represents the complete and exclusive statement of the agreement between the Producer and Artist with regard to the subject matter herein, and that it supersedes any proposal or prior agreement, whether oral or written, and any other communications between the Parties relating to the subject matter of this agreement.
Enforcement: If any provision of this Agreement shall be found invalid or unenforceable, then such provision shall not invalidate or in any way affect the enforceability of the remainder of this Agreement.
UNDERSTOOD AND AGREED:
[NAME OF PRODUCER]