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A video production agreement is a legal contract between a video production company and the client for whom the video production produces a video. Typically this agreement is between a production company and another company but can be used in weddings or significant events where video production is needed.
These video production agreements often outline expected deposits, who owns the final product, the video production schedule, and payment schedules. Like other independent contracting agreements, these are beneficial to have in place for a business agreement, so both parties know what to expect moving forward and how to proceed if the contract needs to be terminated.
Below is a list of common sections included in Video Production Agreements. These sections are linked to the below sample agreement for you to explore.
VIDEO PRODUCTION AGREEMENT
Coolfire Studios, LLC (“Producer”)
Global Personalized Academics , (a subsidiary of Sibling Group Holdings, Inc.) (“Client”)
Global Personalized Academics Online Videos
Three Thousand, Five Hundred (3,500) videos, each lasting approximately three minutes (3:00), featuring academic instruction presented in a creative, humorous way (the “Videos”). Producer shall produce and deliver the Videos according to the Review, Approval, and Delivery Process outlined on Schedule 1 to this Agreement.
$1,855,000 (3,500 videos x $530/video for full term, to be invoiced as outlined on Schedule 2 to this Agreement).
Twelve (12) months, beginning August 1, 2015, unless Client terminates during the “Opt-Out Period” set forth on Schedule 3 .
Production Services . Coolfire Studios, LLC (“Producer”) shall provide all necessary Production Services, including script writing, production, camera operators, lighting and audio technicians, motion graphics, and such other production staff as may be necessary in Producer’s discretion to produce the Deliverables.
Post-Production . Producer shall provide all necessary post-production services to complete the Deliverables.
Music Licensing . Producer shall be responsible for obtaining all necessary licenses for any music to be used in any Deliverables. Unless agreed otherwise, the costs for such licenses shall be included the total production budget set forth above.
Clearance/Releases from Other Rights Holders . Producer shall be responsible for obtaining all necessary clearance releases, permissions and/or waivers from any other rights holders, including licensors of copyrights, trademarks, or other intellectual property that may be used, featured or appear in the Deliverables.
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COOLFIRE STUDIOS – GLOBAL PERSONALIZED ACADEMICS
VIDEO PRODUCTION AGREEMENT
regarding the Deliverables pursuant to the Visual Artist Rights Act (17 U.S.C. § 106 A(e)) or other federal, state or local statute. Producer will not mortgage, pledge, assign or otherwise encumber the aforementioned sound tracks, tapes and negative and positive films.
Notwithstanding the foregoing, all of Producer’s original project files, animation files, and color correction files, and any other underlying proprietary technologies, plug-ins, architecture or other proprietary materials used by Producer in the creation of the delivered Deliverables (collectively “Producer Materials”) shall remain the sole property of Producer. Producer hereby grants to Client a limited, non-exclusive, royalty-free license to use any such Producer Materials solely to the extent that may be necessary to enable the delivered Deliverables to perform and/or be displayed as promised.
Independent Contractors . It is understood that Producer is an independent contractor hereunder and Producer agrees, warrants and represents that the Deliverables referred to in this Agreement shall be produced in compliance with all national, state and local laws. Nothing in this Agreement shall constitute an employment relationship between Producer and Client or Agency.
Non-Union . It is expressly understood and agreed that neither this Agreement nor any of Producer's obligations to Client herein shall be subject to, governed by or affected by any collective bargaining agreement.
By Client During Opt-Out Period . Client shall have the right to terminate this Agreement during the Opt-Out Period set forth on Schedule 3 , according to the terms and conditions thereof.
By Either Party for Breach . Either party shall have the right to terminate this Agreement in the event of the other party’s material breach of any obligation, representation or warranty herein, upon giving the breaching party thirty (30) days’ written notice and the right to cure such breach.
Force Majeure . Notwithstanding any other term or provision of this Agreement to the contrary, a party hereto shall not be in violation or breach of an obligation hereunder if and to the extent that it fails to perform or satisfy such obligation by reason of a strike, walk out or other labor interruption or disturbance, riot, fire, explosion, war, armed conflict, governmental action, storm, flood, act of God or any similar cause or event which is beyond the control of such party (a “Force Majeure”); provided, however, that such party shall perform or satisfy such obligation as soon as reasonably practicable after such Force Majeure ends or is diminished to the extent reasonably necessary for such party to perform or satisfy such obligation and, provided further, that the other party shall have the right to terminate this Agreement if the party to perform is unable to perform or satisfy such obligations within 60 days after the occurrence of such Force Majeure.
Governing Law/Arbitration . This Agreement shall be construed in accordance with, and all disputes hereunder shall be governed by, the laws of the state of Missouri, excluding its conflict of law rules. Except as set forth below, any dispute arising under this Agreement that cannot be resolved between Producer and Agency within ten (10) days of written notice by either party to the other, will be submitted to arbitration in the city in which Client is located, and shall be referred to a single arbitrator to be appointed by the parties in accordance with the rules of the American Arbitration Association, and any arbitral award will be enforceable in accordance with the laws of the state of Missouri and the state in which Client is located. The costs of any arbitration will be shared equally between Client and Producer, unless the award provides otherwise. Producer recognizes that in the event of a breach by Client of any of their obligations under this Agreement or other violations of Producer’s rights in connection herewith, the damage, if any, caused Producer thereby is not irreparable or sufficient to entitle Producer to injunctive or other equitable relief. Producer therefore agrees that its rights and remedies shall be
COOLFIRE STUDIOS – GLOBAL PERSONALIZED ACADEMICS
VIDEO PRODUCTION AGREEMENT
limited to the right, if any, to obtain monetary damages at law and it waives any right it might have to seek injunctive relief against the use of the Deliverables by Client and/or its licensees.
Entire Agreement . This Agreement, together with the attached Schedules, constitutes the entire understanding between the parties and there are no other agreements or understandings, written or oral, in effect between the parties relative to the subject matter hereof. This Agreement may not be modified or terminated orally.
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COOLFIRE STUDIOS, LLC
Signature: /s/ Jeff Keane
Print Name: Jeff Keane
GLOBAL PERSONALIZED ACADEMICS, a subsidiary of
SIBLING GROUP HOLDINGS, INC.
Signature: /s/ David W. Saba
Print Name: David W. Saba
COOLFIRE STUDIOS – GLOBAL PERSONALIZED ACADEMICS
VIDEO PRODUCTION AGREEMENT
Review, Approval, and Delivery Process
Upon receipt of original video assets from Client, Producer will transcribe original video script in a timely manner. Transcription will then be rewritten by Producer. New scripts will then be electronically delivered to Client for review and approval.
Upon receipt of new scripts presented for review and approval to Client, Client will have 24 hours to review and approve. If Client has not responded within 24 hours of delivery, such new scripts will be deemed approved and ready for production. Producer will provide one (1) round of revisions for all scripts presented to Client. If a script is revised and again delivered to Client, the same approval criteria listed above will apply to the redelivered script. Any change in direction or scope of work after approval of any script by Client is deemed beyond the scope of this Agreement and may incur additional fees.
When all assets required for production of final Videos are gathered and prepared for editing, editing will commence in a timely fashion.
Finished Videos will be delivered to Client via a mutually agreeable delivery method and delivered in quantities that are mutually agreeable. The mutually agreeable delivery method and quantities delivered may change from time to time but will remain consistent with the monthly delivery commitments set forth on Schedule 2 .
Upon receipt of finished Videos, Client will have 24 hours to review and approve. If Client has not responded within 24 hours of delivery of the finished Videos, such Videos will be deemed approved and ready for delivery. Producer will provide up to one round of revisions for all Videos presented to Client. If a video is revised and again delivered to Client, the same approval criteria listed above will apply to the redelivered video.
Client will provide final delivery specifications for all Videos and Client and Producer will mutually agree upon a final delivery method for all finished Videos.
COOLFIRE STUDIOS – GLOBAL PERSONALIZED ACADEMICS
VIDEO PRODUCTION AGREEMENT
Delivery and Payment Schedule
Producer shall deliver the Videos to Client on a mutually-agreed upon rolling basis, provided that Producer shall guarantee delivery of a certain number of videos each month according to the following schedule, and shall invoice Client accordingly on a monthly basis as set forth below.
Price per video: $530
Payment due on the first day of the applicable month.
July 2015 (Deposit) 1
1 $50,000 initial deposit shall be credited equally between the October 2015 and November 2015 invoices.
COOLFIRE STUDIOS – GLOBAL PERSONALIZED ACADEMICS
VIDEO PRODUCTION AGREEMENT
Opt-Out Early Termination Option
Opt-Out Period : Client shall have a one-time option to terminate this Agreement early, at its sole discretion, during a two (2) week period at the end of September 2015 (the “Opt-Out Period”).
Early Termination Notice . In the event Client elects to exercise this early termination option, it shall notify Producer in writing during the week ending September 18, 2015 or during the week ending September 25, 2015.
Four (4) Week Completion Period . Upon such notification, Producer will complete and deliver the scheduled Videos for the next four weeks after the notification date, after which this Agreement shall be terminated.
Opt-Out Fee . If it exercises its early termination option, Client agrees to pay Producer an Opt-Out Fee equal to $500/video delivered by Producer from the inception of this Agreement until the end of the Four (4) Week Completion Period. Producer and Client agree that for purposes of this early termination option and the calculation of the Opt-Out Fee, they shall measure the Video delivery schedule in weekly increments for the first three months of the Term.
Below are examples of the application of the Early Cancellation Fee and total Video delivery schedule under either early termination date in the Opt-Out Period.
COOLFIRE STUDIOS – GLOBAL PERSONALIZED ACADEMICS
VIDEO PRODUCTION AGREEMENT
Schedule 2 (continued)
September 18, 2015
Weekly Fee (accrued)
September 4, 2015
September 11, 2015
September 18, 2015 (Opt-Out Notice Given)
September 25, 2015
October 16, 2015
Opt-Out Fee
(275 Videos x $500)
September 1, 2015
$ 39,750
(3 weeks of Oct.)
October 30, 2015
$ 137,500
Opt Out Fee
COOLFIRE STUDIOS – GLOBAL PERSONALIZED ACADEMICS
VIDEO PRODUCTION AGREEMENT
Schedule 2 (continued)
September 25, 2015
Weekly Fee (accrued)
September 4, 2015
September 11, 2015
September 18, 2015
September 25, 2015 (Opt-Out Notice Given)
October 16, 2015
October 23, 2015
Opt-Out Fee
(300 Videos x $500)
September 1, 2015
$ 53,000
(4 weeks of Oct.)
October 30, 2015
$ 150,000
Opt Out Fee
COOLFIRE STUDIOS – GLOBAL PERSONALIZED ACADEMICS
VIDEO PRODUCTION AGREEMENT
Reference:
Security Exchange Commission - Edgar Database, EX-10.4 2 sibe_ex10z4.htm VIDEO PRODUCTION AGREEMENT, Viewed October 21, 2021, View Source on SEC.
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I am a lawyer who helps small businesses, nonprofits, and startups with a wide variety of agreements, corporate formation, and corporate governance. I earned my BA from Tulane University and my JD from the University of Chicago Law School. Before starting my own practice, I worked at an international law firm in New York City. Outside of work, I am on the board of the nonprofit Seattle REconomy (which runs the NE Seattle and Shoreline tool libraries) and I enjoy gardening, baking bread, and outdoor activities with my spouse and two dogs.
My name is Ryenne Shaw and I help business owners build businesses that operate as assets instead of liabilities, increase in value over time and build wealth. My areas of expertise include corporate formation and business structure, contract law, employment/labor law, business risk and compliance and intellectual property. I also serve as outside general counsel to several businesses across various industries nationally. I spent most of my early legal career assisting C.E.O.s, General Counsel, and in-house legal counsel of both large and smaller corporations in minimizing liability, protecting business assets and maximizing profits. While working with many of these entities, I realized that smaller entities are often underserved. I saw that smaller business owners weren’t receiving the same level of legal support larger corporations relied upon to grow and sustain. I knew this was a major contributor to the ceiling that most small businesses hit before they’ve even scratched the surface of their potential. And I knew at that moment that all of this lack of knowledge and support was creating a huge wealth gap. After over ten years of legal experience, I started my law firm to provide the legal support small to mid-sized business owners and entrepreneurs need to grow and protect their brands, businesses, and assets. I have a passion for helping small to mid-sized businesses and startups grow into wealth-building assets by leveraging the same legal strategies large corporations have used for years to create real wealth. I enjoy connecting with my clients, learning about their visions and identifying ways to protect and maximize the reach, value and impact of their businesses. I am a strong legal writer with extensive litigation experience, including both federal and state (and administratively), which brings another element to every contract I prepare and the overall counsel and value I provide. Some of my recent projects include: - Negotiating & Drafting Commercial Lease Agreements - Drafting Trademark Licensing Agreements - Drafting Ambassador and Influencer Agreements - Drafting Collaboration Agreements - Drafting Service Agreements for service-providers, coaches and consultants - Drafting Master Service Agreements and SOWs - Drafting Terms of Service and Privacy Policies - Preparing policies and procedures for businesses in highly regulated industries - Drafting Employee Handbooks, Standard Operations and Procedures (SOPs) manuals, employment agreements - Creating Employer-employee infrastructure to ensure business compliance with employment and labor laws - Drafting Independent Contractor Agreements and Non-Disclosure/Non-Competition/Non-Solicitation Agreements - Conducting Federal Trademark Searches and filing trademark applications - Preparing Trademark Opinion Letters after conducting appropriate legal research - Drafting Letters of Opinion for Small Business Loans - Drafting and Responding to Cease and Desist Letters I service clients throughout the United States across a broad range of industries.
