StoryGridFilms Contract

Terms & Conditions

1. Videographer’s Responsibilities: Vincent Ybanez Videography (“Videographer”) agrees to perform videography services for the Client at the specified Event in a professional and workmanlike manner, according to prevailing industry standards (“Services”). The Videographer may employ one or more assistants. The Videographer is not responsible for the impact on the final product caused by interference from guests or other vendors at the Event. While the Videographer will make every effort to obtain requested images, they cannot guarantee delivery due to factors beyond their control, such as the Event, its participants, weather, venue rules, or restrictions imposed by the Event’s official.

If the Videographer is exposed to (i) unsafe conditions or (ii) objectionable or illegal acts at the Event, the Videographer reserves the right to take reasonable action, including leaving the Event. In such cases, the Videographer is not obligated to refund any fees paid by the Client due to such actions.

2. Deposit/Payment: A non-refundable deposit (applied toward the total fee for the Services, specified in the Payment Schedule) is due upon execution of this agreement. This payment confirms the Videographer’s availability for the specified date (subject to non-payment, reasonable emergencies, and force majeure events, see Section 10). Remaining payments for the Services are outlined in the Payment Schedule. If the Client fails to remit payment as specified, the Videographer has the right to immediately terminate this Agreement with no obligation to refund money (including the retainer), attend the Event, or supply videos.
3. Copyright: All videos taken by the Videographer at the Event are copyright-protected. The Videographer allows reproduction and publishing for personal use (e.g., wall hangings at home, Facebook, blogs), but any sale or publication for profit without the Videographer’s express written permission violates federal copyright law. The Videographer retains copyright in all videos taken at the Event. This clause survives the term.
4. Term: This Agreement commences upon execution and terminates upon the Videographer’s delivery of the final, Client-approved Highlight Film unless terminated earlier as provided herein.
5. Event Changes: The Videographer must be notified immediately of any changes in schedule or location, at least 7 days in advance of the scheduled Event date. If the Client notifies the Videographer by phone, a written (e.g., email) confirmation must be sent within 2 days. Failure to provide timely notice allows the Videographer to claim the retainer amount as liquidated damages. The retainer amount must be repaid upon booking the new date, subject to the Videographer’s availability.
6. Cancellation: Upon acceptance of these terms and payment of the retainer, the Videographer commits to attending the Event on the specified date and makes no other reservations for that date. If the Client cancels the Event entirely, the Videographer is not required to repay any payments made by the Client.
7. Delivery Date: The Videos shall be delivered no later than 90 days from the date of final Client approval.
8. Price Protection: The Videographer warrants all prices quoted for Event images are valid for a period of 6 months following the Event. Orders placed after such period are subject to the Videographer’s published pricing at the time of the order’s placement.
9. Model Release: The Client hereby agrees that the Videographer may reproduce, publish, exhibit, and otherwise use videos from the Event for instructional or marketing purposes without payment of any additional fee, provided there is no specific identification of persons or events appearing in the images.
10. Force Majeure: If the Videographer is unable to attend the Event due to fire, flood, casualty, strike, civil disturbance, war, terrorism, Videographer’s sickness, or other acts of God beyond the parties’ control, then the Videographer shall return all money paid by the Client (including any retainer), and this Agreement shall immediately terminate.
11. Jurisdiction: The state and federal courts serving Alberta, Canada shall have exclusive jurisdiction over disputes arising from this Agreement, and both parties here consent to the jurisdiction of such courts.
12. Solicitor’s Fees: The prevailing party in any litigation or dispute involving this Agreement, or the Services performed thereunder, shall be entitled to recover reasonable solicitors’ fees, costs, and expenses arising from such litigation or dispute from the non-prevailing party.
13. Assignment: This Agreement may not be assigned.
14. Indemnification: The Client hereby acknowledges that the Videographer may be limited by the guidelines or rules of the official performing the ceremony or the venue, and agrees to hold the Videographer harmless for the impact such restrictions may have on the final product.
15. Limitation of Liability: The Videographer’s entire liability for any claim, loss, damage, or injury arising under or relating to this Agreement is limited to the fees paid by the Client for the Services. In no event shall the Videographer be liable for special, incidental, consequential, or punitive damages, even if the Client informs the Videographer of circumstances that would give rise to such damages.
16. Event Meals: The client shall arrange with the caterer for meals to be provided to the Videographer and 1 assistant (if applicable).
17. Choice of Law: This Agreement shall be governed by the laws of the State of Alberta, notwithstanding its conflicts of laws provisions.
18. Waiver/Miscellaneous: This Agreement represents the complete and entire agreement of the parties with respect to the subject matter herein, notwithstanding any oral or written representations to the contrary made before, during, or after its execution. Any amendments to this Agreement shall only be effective if made in writing that is executed by both parties hereto.
19. Protection of Deliverables/Retention of Files: The Videographer shall take all reasonable steps to protect the videos recorded at the Event until the Videos are delivered to the Client. Once the videos has been delivered, the Videographer shall have no further obligation to preserve the videos of the Event, regardless of the form of media in which they are stored.
20. Promotion: I/we hereby give permission for the Videographer to use my/our name/s and videographic likeness in all forms and media for advertising, trade, promotional, and any other lawful purposes such as promotion and marketing.