THIS CONTRACT FOR VIDEOGRAPHY (“Agreement”) is made and entered into by and between the undersigned client(s) (“Client,” whether one or more) and TK Images LLC, a Wisconsin limited liability company (“Videographer”) for videography services and product(s). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which the parties acknowledge and the mutual covenants herein, the parties agree as follows:

1 Definitions

1.1 “Final Video” is the final work product created by Videographer based on Client’s selected Wedding Package Option(s) as provided in Section 1.4 and Schedule 1.4. Videographer shall deliver the Final Video to Client after Videographer has edited all video footage captured by Videographer during Client’s Wedding.  When editing the Final Video, Videographer will take into consideration Client’s Wedding Video Questionnaire and other discussions with Client.  It is the intent of Videographer to complete and deliver the Final Video within twelve (12) weeks after the Wedding.  In the event Client has not completed the Wedding Questionnaire or provided a song choice list to Videographer, the completion and delivery of the Final Video may be later than twelve (12) weeks after the Wedding.

1.2 “Videographer” means TK Images LLC, and any of its employees or independent contractors, all of whom are trained in Videographer’s advertised style and filming of weddings and other events.

1.3 “Wedding” means Client’s wedding day event as described on Schedule 1.3.

1.4 “Wedding Package Cost” means the amount listed on line 11 on Schedule 1.3.

1.5 “Wedding Package Options” are described on Schedule 1.4.

1.6 “Wedding Video Questionnaire” is a document with a list of questions relating to the Wedding that will be provided to Client by Videographer.  Client agrees to complete the Wedding Video Questionnaire within the time frame requested by Videographer.

2 Videographer Services and Limitations on Liability.

2.1 Videographer Services.  Videographer shall videotape as much of Client’s Wedding as reasonable, in the Videographer’s sole discretion. Videographer shall have full production and creative license to film and edit the Final Video based on Videographer’s artistic style and expertise.  The videotape footage used in the Final Video is at the artistic judgment and discretion of Videographer.  Client agrees to trust Videographer’s artistic judgment in designing the Final Video, including Videographer’s decisions regarding brightness of picture, layout, and any other design elements contained in the Final Video.

2.2 Exclusivity.  Client agrees that Videographer is the exclusive and official videographer retained by Client to videotape Client’s Wedding. Family and friends of Client shall be permitted to videotape the event, for non-commercial purposes, provided that they do not interfere with Videographer’s duties. If, in the opinion of Videographer, they are inhibiting Videographer from performing its duties, Client shall require those interfering with Videographer to stop all activities causing the interference.

2.3 Videographer Limitations on Liability.  Videographer cannot interrupt or interfere with the Wedding in any way to correct less than satisfactory shooting conditions.  Videographer shall not be responsible for footage that is missed or omitted because Videographer is being blocked.  Wedding venues have several different types and amounts of lighting, each light source having its own color temperature.  The video footage may be too dark or too light, depending on the venue.  Additionally, every venue is different acoustically so Videographer does not guarantee any particular audio characteristics.  Videographer will make every reasonable effort to provide the best video and audio quality as possible.  Since sound is taken from several different sources, some audio adjustment may be necessary while viewing the Final Video.  Videographer will make every reasonable effort to make all audio as close decimally as possible.

2.4 Re-Edits to Final Video.  Any requests for re-edits to the Final Video will be made at $50.00 per hour for editing and labor.  However, Videographer is under no obligation to re-edit Client’s Final Video and any requests for re-edits are entirely in the discretion of Videographer. Any requested re-edits must be submitted by Client within thirty (30) days of Client’s receipt of the Final Video.  Client understands that the Final Video is a creative piece of work and that Videographer does not provide any refunds based on Client’s opinion of the Final Video.

3. Payment and Cancellation Terms.

3.1 Non-Refundable Reservation Fee.  A reservation fee is due to Videographer at the time of signing this Agreement in the amount of Fifty Percent (50%) of the amount listed on line 15 in Schedule 1.3 (the “Reservation Fee”).  Once this Agreement is signed and the Reservation Fee is paid, Videographer shall reserve the time and date agreed upon for Client’s Wedding, and Videographer shall not make other reservations that will conflict with said event.  For this reason, all reservation fees are non-refundable.  The Reservation Fee shall be applied to the total Wedding Package Cost. 

3.2 Purchase Price.  Client agrees to pay the amount listed by the dates provided in Schedule 1.3 in consideration of Videographer performing the services and providing the products described herein. Videographer requires that 50% of the total amount listed on line 15 in Schedule 1.3 be paid on the date this Agreement is entered into between the parties. Videographer also requires that the remaining balance be paid at least 21 days prior to the Wedding. Client understands and agrees that Videographer will not perform services until Videographer has been paid in accordance with the terms herein, unless other arrangements with Videographer have been made and agreed to in writing by both parties.

3.3 Videographer Travel Expenses. If the Wedding is located more than 40 miles from the city limits of Stevens Point, Wisconsin, travel fees will apply.  If the Wedding is located more than 100 miles beyond the city limits of Stevens Point, Wisconsin, Client is responsible for providing lodging for all staff deemed necessary by both parties for videography services as provided herein for one night within 15 miles of the Wedding site. 

3.4 Cancellation Policy.  If the Wedding is cancelled 120 days or less from the date of the Wedding, Client shall be responsible for one-half (1/2) of the total Wedding Package Cost. If the Wedding is cancelled 21 days or less from the date of the Wedding, Client is responsible for the entire Wedding Package Cost. Client must notify Videographer of any cancellation in writing.

3.5 Rescheduling Policy.   In the event that the Wedding is rescheduled to a different date, Client understands that Videographer’s availability is not guaranteed. If Videographer is unavailable on the rescheduled date and Client notified Videographer of the Wedding rescheduling 120 days or less in advance of the original date, Client shall be responsible for one-half (1/2) of the Wedding Package Cost. If Videographer is unavailable on the rescheduled date and Client notified Videographer of the Wedding rescheduling 21 days or less in advance of the original date, Client is responsible for the entire Wedding Package Cost. Client must notify Videographer of any rescheduling in writing.

3.6 Termination for Unexpected Events and Illness.

3.6.1 Unexpected Events.  Videographer shall not be liable to Client under any circumstances if Videographer’s ability to perform under this Agreement is prevented or impaired due to war, insurrection, strikes, walk-outs, riots, fire, terrorism, computer virus, corrupted files or hard-drives, acts of God, including adverse weather conditions and earthquakes, shortages or unavailability of labor or materials, laws or governmental restrictions which conflict with the terms of this Agreement, or any other matter beyond the reasonable control of Videographer (“Unexpected Events”).  Upon the occurrence of any Unexpected Events, this Agreement shall terminate and any payments made hereunder shall be non-refundable.

3.6.2 Videographer Illness.  In the event of that Videographer’s assigned staff member is suffering from an unexpected illness on the day of the Wedding and cannot perform the duties as provided herein, Videographer shall make reasonable efforts to substitute another competent agent of Videographer.  If another agent cannot be assigned in time for the Wedding, Videographer shall promptly return to Client all fees previously paid by Client, and Videographer shall then have no further liability with respect to this Agreement.

 4 Client Obligations and Duties.

4.1 Church Regulation on Videography.  It is the responsibility of Client to secure permission for Videographer to videotape in Client’s desired location in advance of reserving Videographer for Client’s Wedding.  The Reservation Fee will not be refunded in the event that Client fails to secure permission for Videographer to videotape in Client’s desired location.  Videographer agrees to adhere to the rules and standards of the church, synagogue, mosque, temple, or other facility, regarding camera placement during the wedding ceremony. Videographer cannot guarantee unobstructed shots due to the set-up of Client’s location or limited mobility.

4.2 Alternate Location.  Client is responsible for providing an alternate nearby location in the event of inclement weather.  Videographer reserves the right to decline outdoor videotaping in the event of inclement weather.

4.3 Meals.  Due to the length of time required to videotape Client’s Wedding, Client agrees to provide Videographer with a meal during Client’s Wedding. Such meals shall be provided for Videographer during the meal time and in the same room as the main event.  Client agrees to leave Videographer with enough time to eat before the beginning of any events that are to take place after the meal time.  Videographer will make reasonable efforts to videotape impromptu events happening during the meal time, however, Client agrees not to hold Videographer liable should such impromptu events not be captured.

5. Copyright, Usage and Social Media, and Archiving.

5.1 Copyright and Reproductions. Videographer shall own the copyright in all images and film footage created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on Videographer’s website and/or studio. If Videographer desires to make other uses, Videographer shall not do so without first obtaining the written permission of Client. It is understood that any duplication or alteration of original Final Video is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of Videographer unless otherwise provided herein.

5.2 Client’s Usage and Social Media. Client shall only use the Final Video, including any digital file or DVD, in accordance with the permissions within this Agreement. Client’s Final Video is for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than Videographer. Personal use shall include sharing the Final Video on social media websites and maintaining a back-up of the Final Video.

5.3 Archiving After completion and delivery to Client of the Final Video, Videographer will master the highlight video to a digital video file for archiving purposes.  Videographer shall not be held liable for any lost archived video due to war, insurrection, strikes, walk-outs, riots, fire, terrorism, computer virus, corrupted files or hard-drives, acts of God, including adverse weather conditions and earthquakes, or any other matter beyond the reasonable control of Videographer. Videographer shall further not be held liable for destruction or damage of USBs or DVDs owned by Client.  It is Client’s responsibility to keep and maintain a back-up of the Final Video. Videographer has the right to refuse to produce any video that could violate libel, copyright laws, or criminal law, or in the course of its production could cause or contribute to bodily injury, death, equipment damage or property damage or destruction.

 6. Default and Remedies.

6.1 Client’s Default.  The occurrence of any of the following shall constituted an Event of Default by Client: (i) Client breaches or violates any terms or conditions of this Agreement and such default is not cured within five (5) days after Videographer gives Client written notice of such default; or (ii) Client and Videographer are incompatible and cannot resolve their creative differences as determined in Videographer’s sole discretion.

6.2 Remedies of Videographer.  Upon an Event of Default by Client, Videographer may declare this Agreement terminated and retain any fees already paid even if no services and/or products have been completed.

6.3 Videographer Default and Client Remedies.  Client and Videographer recognize it is extremely difficult to ascertain the extent of Client’s damages in the event of any breach arising from the negligence or other unintentional conduct of Videographer, including, but not limited to, any damage to or loss of any videotape footage. In the event of any breach by Videographer, Client shall be entitled only to the following:  a reduction in a percentage of the Wedding Package Cost to be determined by Videographer based on the amount of actual videotape that has been damaged, lost, or not captured.   Client agrees that its sole remedy for any damages caused by lost or damaged video footage arising from negligence or other unintentional conduct of Videographer are limited to a refund of fees as determined herein.

7. Disclaimer of Warranty and Limitation of Liability.

7.1 Disclaimer of Warranty. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.

7.2 Limitation of Liability. The liability of Videographer to Client for any claim whatsoever related to this Agreement, including any cause of action arising in contract, tort, or strict liability, shall not exceed the total amount of all payments made under this Agreement by Client to Videographer with respect to the services and products provided by Videographer herein.  IN NO EVENT WILL VIDEOGRAPHER BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE FINAL VIDEO EVEN IF VIDEOGRAPHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  Videographer shall not be held liable for any claims or demands brought against Client by any other party unless Client has properly notified Videographer as to such damages, claims, or demands, and Client has taken action to minimize such damages, claims, or demands.

8. General Provisions.

8.1 Exhibits and Schedules. All exhibits and schedules referred to herein are hereby incorporated by reference and made a part of this Agreement as though fully set forth herein.

8.2 Indemnification. Videographer shall be held harmless for any and all injury to Client, Wedding guests, staff, and others at the Wedding during the course of the filming session and the immediately surrounding events.

8.3 Entire Agreement. This Agreement incorporates the entire understanding of the parties. No promises or agreements have been made which are not included in this Agreement. Any modifications of this Agreement must be in writing and signed by both parties.

8.4 Governing Law. This Agreement shall be governed by the laws of the State of Wisconsin.

8.5 Waivers. A waiver of any breach or default of this Agreement shall not constitute a waiver of a subsequent or continuing of either the same provision or any other provision of this Agreement.

8.6 Severability. If any of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the other provisions shall not be affected thereby, and there shall be deemed substituted for the provision at issue, a valid, legal, and enforceable provision as similar as possible to the provision at issue.

8.7 Online Contract. The undersigned acknowledges that this is an online contract, and agrees to honor it as if it were physically signed.

Client agrees to all its terms and acknowledges receipt of a completed copy of the Agreement. By signing below, Client shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement.

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10/27/2020