Terms of Service Video Photo Pro
“Image(s)” means all visual representations furnished to Client by Video Photo Pro, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media. Unless otherwise specified on the front of this document, Video Photo Pro may deliver, and Client agrees to accept, Images encoded in an industry-standard data format that Video Photo Pro may select, at a resolution that Video Photo Pro determines will be suitable to the subject matter of each Image and the reproduction technology and uses for which the Image is licensed. It is Client’s responsibility to verify that the digital data (including color profile, if provided) are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Video Photo Pro’s sole obligation will be to replace or repair the data, but in no event will Video Photo Pro be liable for poor reproduction quality, delays, or consequential damages. Unless otherwise specifically provided elsewhere in this document, Video Photo Pro has no obligation to retain or archive any of the Images after they have been delivered to Client. Client is responsible for sending an authorized representative to the assignment or for having an authorized representative review the images remotely during the assignment. If no review is made during the assignment, Client is obligated to accept Video Photo Pro’s judgment as to the acceptability of the Images.
All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of Video Photo Pro. Unless otherwise specifically provided elsewhere in this document, any grant of rights is limited to a term of one (1) year from the date hereof and to usage in print (conventional non-electronic and non-digital) media in North America. Unless otherwise specifically provided elsewhere in this document, no image licensed for use on a cover of a publication may be used for promotional or advertising purposes without the express permission of Video Photo Pro and the payment of additional fees. No rights are transferred to Client unless and until Video Photo Pro has received payment in full. The parties agree that any usage of any Image without the prior permission of Video Photo Pro will be invoiced at three times Video Photo Pro’s customary fee for such usage. Client agrees to provide Video Photo Pro with three copies of each published use of each Image not later than 60 days after the date of first publication of each use. If any Image is being published only in an electronic medium, Client agrees to Provide Video Photo Pro with an electronic tearsheet, such as a PDF facsimile or URL of the published use of each such photograph, within fifteen (15) days after the date of first publication of each use. Unless otherwise specifically provided elsewhere in this document, all usage rights are limited to print media, and no digital usages of any kind are permitted. This prohibition includes any rights or privileges that may be claimed under §201(c) of the Copyright Act of 1976 or any similar provision of any applicable law. Digital files may contain copyright and other information embedded in the header of the image file or elsewhere; removing and/or altering such information is strictly prohibited and constitutes violation of the Copyright Act. All fees and expenses payable under this agreement are required irrespective of whether Client makes actual use of the Images or the licenses to use them. Unless specifically provided elsewhere in this document, no reprographic, reprint, republication or other secondary reproduction usages may be made, and usage rights are granted only for one-time, English language North American editorial print editions of the publication listed on the front of this document and six month searchable archive use on the website of that publication.
Return and Removal of Images
Client assumes insurer’s liability (a) to indemnify Video Photo Pro for loss, damage, or misuse of any Images, and (b) to return all Images prepaid and fully insured, safe and undamaged, by bonded messenger, air freight, or registered mail. Unless the right to archive Images has been specifically granted by Video Photo Pro on the front of this document, Client agrees to remove and return or destroy all digital copies of all Images. All Images shall be returned, and all digital files created by or on behalf of Client containing any Images shall be delivered to Video Photo Pro, deleted or destroyed, within thirty (30) days after the later of: (1) the final licensed use as provided in this document, and (2) if not used, within thirty (30) days after the date of the expiration of the license. Failure to return Images on time will result in loss to Video Photo Pro due to his resulting inability to license such Images. Client therefore agrees to pay a holding fee of five dollars and fifty cents ($5.50) per day for each image from the return date until the day on which the Images are actually received by Video Photo Pro. Client assumes full liability for its principals, employees, agents, affiliates, successors, and assigns (including without limitation independent contractors, messengers, and freelance researchers) for any loss, damage, delay in returning or deleting, failure to return, or misuse of the Images.
Loss or Damage
Reimbursement by Client for loss or damage of each original photographic transparency or film negative (“Original[s]”) shall be in the amount of One Thousand Five Hundred Dollars ($1,500), or such other amount if a different amount is set forth next to the lost or damaged item on the reverse side or attached schedule. Reimbursement for loss or damage of each non-digital duplicate image shall be in the amount of Two Hundred Dollars ($200). Reimbursement for loss or damage of each digital file shall be in the amount of Two Hundred Dollars ($200). Reimbursement by Client for loss or damage of each item other than as specified above shall be in the amount set forth next to the item on the reverse side or attached schedule. Video Photo Pro and Client agree that said amount represents the fair and reasonable value of each item, and that Video Photo Pro would not sell all rights to such item for less than said amount. Client understands that each Original is unique and does not have an exact duplicate, and may be impossible to replace or re-create. Client also understands that its acceptance of the stipulated value of the Images is a material consideration in Video Photo Pro’s acceptance of the terms and prices in this agreement.
All published usages of Images will be accompanied by written credit to Video Photo Pro or copyright notice as specified on the reverse side. If no placement of a credit or copyright notice is specified on the reverse side, no credit or notice is required. If a credit is required but not actually provided, Client agrees that the amount of the invoiced fee will be subject to a three-times multiple as reasonable compensation to Video Photo Pro for the lost value of the credit line.
Client will not make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images, alone or with any other material, including making digital scans unless specifically permitted on the reverse side. Client may not make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images, alone or with any other material, including making digital scans unless specifically permitted on the reverse side, except that cropping and alterations of contrast, brightness, and color balance, consistent with reproduction needs may be made. Client may make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images alone or with any other material, including making digital scans, subject to the provisions as stated in “Indemnification” below.
Client will indemnify and defend Video Photo Pro against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any Images or arising out of use of or relating to any materials furnished by Client. Unless delivered to Client by Video Photo Pro, no model or property release exists, and it is Client’s responsibility to obtain the necessary permissions for usages that require any model or property releases not delivered by Video Photo Pro. It is Client’s sole responsibility to determine whether any model or property releases delivered by Video Photo Pro are suitable for Client’s purposes. Video Photo Pro’s liability for all claims shall not exceed in any event the total amount paid under this invoice.
Assumption of Risk
Client assumes full risk of loss or damage to or arising from materials furnished by Client and warrants that said materials are adequately insured against such loss, damage, or liability.
Transfer and Assignment
Client may not assign or transfer this agreement or any rights granted under it. This agreement binds Client and inures to the benefit of Video Photo Pro, as well as their respective principals, employees, agents, and affiliates, heirs, legal representatives, successors, and assigns. Client and its principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for additional Images, fees and expenses that could not be confirmed in writing because of insufficient time or other practical considerations. This agreement incorporates by reference the Copyright Act of 1976, as amended. It also incorporates by reference those provisions of Article 2 of the Uniform Commercial Code that do not conflict with any specific provisions of this agreement; to the extent that any provision of this agreement may be in direct, indirect, or partial conflict with any provision of the Uniform Commercial Code, the terms of this agreement shall prevail. To the maximum extent permitted by law, the parties intend that this agreement shall not be governed by or subject to the UCITA of any state. Video Photo Pro is an independent contractor and not an employee. If Video Photo Pro is deemed under any law to be an employee of Client, and if the Images are therefore considered works made for hire under the U.S. Copyright Act, Client hereby transfers the copyright to all such Images to Video Photo Pro. Client agrees to execute any documents reasonably requested by Video Photo Pro to accomplish, expedite or implement such transfer.
Except as provided in “Federal Jurisdiction” below, any dispute regarding this agreement shall, at Video Photo Pro’s sole discretion, either:
(1) be arbitrated in Las Vegs, State of Nevada, under rules of the American Arbitration Association and the laws of Nevada; provided, however, that irrespective of any specific provision in the rules of the American Arbitration Association, the parties are not required to use the services of arbitrators participating in the American Arbitration Association or to pay the arbitrators in accordance with the fee schedules specified in those rules. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $5,000 or less may be submitted without arbitration to any court having jurisdiction thereof.
(2) be adjudicated in Las Vegas, State of Nevada under the laws of the United States and/or of State of Nevada.
(3) In the event of a dispute, Client shall pay all court costs, Video Photo Pro’s reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of Video Photo Pro.
Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by Video Photo Pro under the Copyright Act of 1976, as amended, including subsidiary and related claims.
In the event a shoot extends beyond eight (8) consecutive hours, Video Photo Pro may charge for such excess time of assistants and freelance staff at the rate of 1 1/2 times their hourly rates.
Client will be charged 100 percent fee and expenses for any reshoot required by Client. For any reshoot required because of any reason outside the control of Client, specifically including but not limited to acts of God, nature, war, terrorism, civil disturbance or the fault of a third party, Video Photo Pro will charge no additional fee, and Client will pay all expenses. If Video Photo Pro charges for special contingency insurance and is paid in full for the shoot, Client will not be charged for any expenses covered by insurance. A list of exclusions from such insurance will be provided on request.
Assignment Cancellations and Postponements
Cancellations: Client is responsible for payment of all expenses incurred up to the time of cancellation of the assignment, plus 50 percent of Video Photo Pro’s fee; however, if notice of cancellation is given less than two (2) business days before the shoot date, Client will be charged 100 percent fee. Postponements: Unless otherwise agreed in writing, Client will be charged a 100 percent fee if postponement of the assignment occurs after Video Photo Pro has departed for location, and 50 percent fee if postponement occurs before departure to location. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party.
DJ Terms of Service
1. The agreement of the DJ to perform is subject to proven detention by accidents, riots, strikes, epidemics, acts of God, or any other legitimate conditions beyond their control. If such circumstances arise, all reasonable efforts will be made DJ of Video Photo Proto find replacement entertainment at the agreed upon fees. Should DJ of Video Photo Pro be unable to procure a replacement, Client shall receive a full refund. Client agrees that in all circumstances, DJ of Video Photo Pro liability shall be exclusively limited to an amount equal to the performance fee and that DJ of Video Photo Pro shall not be liable for indirect or consequential damages arising from any breach of contract.
2. All deposits are nonrefundable if cancelled within 30 days of the engagement unless the DJ cancels the engagement.
No performance on the engagement shall be recorded, reproduced, or transmitted from the place of performance, in any manner, or any means whatsoever, in the absence of a specific written agreement with DJ of Video Photo Pro relating to and permitting such recording, reproduction, or transmission. Pictures and videotape of the event are permitted for the private use of the contracting party only. DJ of Video Photo Pro reserves the right to use recordings, audio, video, pictures, or images from the event and/or reproductions/edits thereof for display, publication, advertisement, web publish, on websites, or any other purposes at its sole discretion, without compensation of any kind. All service/performance, recordings of service/performance, video recordings, pictures, and images are Copyright © Video Photo Pro. All Rights Reserved.
3. The Client and DJ agree that this contract is not subject to cancellation unless both parties have agreed to such cancellation in writing. In the event the Client breaches the contract, he or she shall pay the DJ the amount set forth above as “Wage agreed upon” as liquidated damages, 6% interest thereon, plus a reasonable attorney’s fee.
4. It is hereby further agreed; that the Client shall be held liable for any injury or damages to the DJ, or property of DJ of Video Photo Pro, while on the premises of said engagement, if damage is caused by Client or guest, members of his organization, engagement invitees, employees, or any other party in attendance, whether invited or not.
5. It is understood that if this is a “Rain or Shine” event, DJ of Video Photo Pro compensation is in no way affected by inclement weather. DJ of Video Photo Pro reserves the right to protect their equipment by any means necessary, including removing equipment or stopping service, at its sole discretion, if DJ of Video Photo Pro deems it necessary. This may occur due to, but not limited to, inclement weather (especially rain), other acts of God, endangerment from event attendees, uninvited persons, you, your agents, or anyone else present. For outside events/service, you shall provide overhead shelter for DJ system setup area and DJ equipment areas. DJ of Video Photo Pro may still remove the setup and equipment from outside, covered or not, if rain or inclement weather dictates per DJ of Video Photo Pro sole judgment. Every effort will be made to continue the performance. However, safety is paramount in all decisions. The DJ’s compensation will not be affected by such cancellation.
6. In the event of circumstances deemed to present a threat or implied threat of injury or harm to DJ of Video Photo Pro staff or any equipment in DJ of Video Photo Pro possession, DJ of Video Photo Pro reserves the right to cease performance. If the Client is able to resolve the threatening situation in a reasonable amount of time (maximum of 15 minutes), DJ of Video Photo Pro shall resume performance in accordance with the original terms of this agreement. Client shall be responsible for payment in full, regardless of whether the situation is resolved or whether DJ of Video Photo Pro resumes performance. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, DJ of Video Photo Pro reserves the right to deny any guest access to the sound system, music recordings, or other equipment.
7. Client shall provide DJ of Video Photo Pro with safe and appropriate working conditions. This includes a 12-foot by 12-foot area for setup, space for setting up speakers and lighting stands. DJ of Video Photo Pro requires a minimum of one 15-20-amp circuit outlet from a reliable power source within 50 feet (along the wall) of the set-up area. This circuit must be free of all other connected loads. Any delay in the performance or damage to DJ’s equipment due to improper power is the responsibility of the Client. Two circuits are preferred, where possible. Additional outlets on SEPARATE circuits for lighting (if contracted for) are required. Client shall provide crowd control if warranted; and furnishing directions to place of engagement. Client is responsible for paying any charges imposed by the venue. These charges may include, but are not limited to, parking, use of electric power, and fire marshal if necessary (for use of fog).
8. The Client shall at all times have complete control, direction and supervision of the performance of DJ of Video Photo Pro at this engagement and Client expressly reserves the right to control the manner, means and details of the performance of the services of DJ of Video Photo Pro. A written event/music planner or music request list must be received from the Client and forwarded to DJ of Video Photo Pro at least two weeks prior to the date of the engagement for it to be included in DJ of Video Photo Pro programming guidelines. With or without the aid of an event/music planner or music request list, DJ of Video Photo Pro shall attempt to play Client’s and Client’s guests’ music requests but shall not be held responsible if certain selections are unavailable. DJ of Video Photo Pro will make an extra effort to have music requests available if they are received IN WRITING at least two weeks prior to the engagement.
9. Events are not officially booked or date/time frame reserved until receipt of initial Retainer Payment by DJ of Video Photo Pro. Events are booked on a first-come basis when available. Dates/Time Frames are not held without Booking and receipt of Retainer Payment. If you book an event through this system for which we are not available or if we do not accept your booking, a full refund of your initial retainer payment will be made. DJ of Video Photo Pro reserves the right to deny any booking request for any reason at its sole discretion.
10. In the event of non-payment, DJ of Video Photo Pro retains the right to attempt collection through the courts. Client will be held responsible for all court fees, legal fees, and collection costs incurred by DJ of Video Photo Pro. Client shall be charged $25 for each bounced check plus a $7.50 service charge for each collection notice.
11. This agreement guarantees that DJ of Video Photo Pro will be ready to perform at the start time of the engagement. No guarantee is made as to DJ of Video Photo Pro time of arrival; however, DJ of Video Photo Pro requests that they be permitted to setup 60 minutes before the engagement and 60 minutes after the engagement for takedown. DJ of Video Photo Pro also requests ramp or elevator access between the parking/service entrance and the setup area. If the venue requires setup or takedown in less time, or if equipment must be carried up stairs or lifted onto a stage to reach the setup area, additional labor will be charged at the rate of $50.00. If Client or venue requires DJ of Video Photo Proto complete setup more than one hour before the start time, or to postpone takedown more than hour after the end time indicated, the additional time will be charged at the rate of $50.00 per half-hour.
12. Engagements within Las Vegas Counties of Nevada will not be assessed a travel charge. Services requiring travel outside of this area will be charged at $0.50 per mile. Engagements in excess of 250 miles will require accommodations be made for an overnight stay in a local hotel for DJ of Video Photo Proto be provided by Client.