Or, download the standard PDF template.
Ever felt an intense desire to just rage quit from your video editing job because your employer or freelance client is not being professional? Well, if it offers some comfort, there is nothing unique in this. Such scenarios are the norm for all the video editors out there. Many freelancers have had to contend with a nasty client who shifts goal posts at a whim and expect you to modify the entire project.
Any freelancer who would like to be successful in their business must work with a contract. While your client knows exactly what they’re required to do, you’re not safe working without a contract. Most clients will try their best to meet their responsibilities, but sometimes they might just fail and you end up losing a lot. On your part as a freelancer, you’re required to deliver quality services as you promised. On the other hand, the client is required to pay you on time for what you’ve worked for. All these can only be accomplished if you two are working with a contract.
A freelance contract defines your scope of work, the services you’ll be offering, and what you expect the client to pay you for the services you’ll be offering. With your scope of work well defined, you’ll not have to offer extra services that the client is not ready to pay for. On the other hand, the client knows what they’re supposed to pay you and when they’re supposed to make the payment. That’s why as a freelance video editor, you need to work with a video contract template.
Video editing is a tough industry to be in. Not only does it require talent and creativity, but also a great deal of skill and initial investment to start you off; and this is what clients do not understand. All the technicalities overwhelm them which lead to problems and this can jeopardize your contracts and even your career. That did not sound too pleasant understandably. It is a convergence of creativity, a lot of technical skills, talent, and super perfect communication skills. You have to be able to visualize the end product of what is editing and perfectly sculpt raw data to a final selling film or video. You also need to have the initial investment to start off, lots of patience and hoard of problem-solving skills to fix an issue that arise from the video editing before your client approves the project. Most clients do not understand what it takes to make a good video. They are mostly overwhelmed by the technical aspects of the whole process which lead to problems which can threaten your contract and profession.
There are, however, several business practices you should adopt to avoid having client problems and experience smooth-going contracts and careers. Video editing is on the rise and you should be doing what you need to beat your competition. Contracts are an accepted business practice by the professional video editing community and have proven to be highly influential on how agreements operate. Signing a contract ends so many of your problems with clients that you can peacefully just edit videos and give it your best. Bonsai is here to help you create a smashing contract draft that does it for you.
If you’ve never drafted a video contract before, it can be really daunting to design one. But even then, you don’t need to worry about this. Most successful freelance video editors started here. They had no idea about it but somehow found their way. The good thing is that we’ve got several video contract template PDF available online, and so, you can always get something to start you off. Maybe you’re wondering how you can use a video contract template to come up with a video contract that will work for both of you. Well, you don’t need to worry. With a video contract template, you can design one in very simple steps.
In most cases, the video contract template all the fields you require to make a good contract, and so, all you need to do is to add in the necessary information. Even so, you need to give the template a few tweaks to ensure your video contract is unique. Remember, several other freelancers might be using the same video contract template, and so, if you don’t modify it, you may end up sounding like the rest. And you know what? Freelance business is all about standing out to make a statement of your brand.
So, how do you get started? As we’ve said, it can be difficult to design one if you’re doing it for the first time. However, if you know what needs to be contained in the contract, then you’re good to go. Therefore, apart from clinging on a video contract template, you need to know what makes a good video editing contract PDF so that you include all the fields.
Here is our short guide to what clauses any video editing contract should include. The most important part is to include clauses about work duties. Clients can get pretty confused in all the editing stuff so it is always better to finalize those before starting work so the clients' mind is clarified. Financial clauses are equally important as well. There are several financial problems that you can face such as late or no payments, payment schedules, taxation issues etc. Make sure that the contract explicitly contains information regarding these issues so you can work without any worries of financial mishaps. Policies should be a part of any contract.
You need to work these out carefully as they can have an impact on how things go if your client does something wrong. These should lay down the lines of action to be adopted if something weird happens. For example, you should inform the client of what happens when due payments are delayed or when sudden changes or cancellations are made in the project. Bonsai has loads of samples and templates for you to choose from. With our expert help, you can completely revolutionize your work routine.
So, before you pick one of our samples to design your video contract for your business, we’ll help you understand what needs to be contained in your contract. Several freelancers miss out on some of these important clauses and end up having issues with their clients. In most cases, freelancers and clients disagree over the scope of work and the amount to be paid. Sometimes the client expects you to do more than what your scope of work defines. In case you’ve not highlighted this in your contract, you may have to do it without extra pay. Therefore, to protect yourself, you need to include all that in your video editing contract PDF.
This is the most important clause to include in any contract. It is hard for clients to really grasp with the editing stuff you will be undertaking to make his video a reality. With a work for hire, the client steps into your shoes and becomes the author of the video editing for copyright purposes. All of the aspects of copyright ownership including recognition and control are taken over by the client. You should ensure these vital issues are captured in the editing contract to prevent future conflict.
A well-drafted contract should capture certain duties relating to your editing payment coverage, and other benefits you will be entitled to. Confirm you both agree on patent and other benefits which may be involved. You will be also required to consider any extra work outside of the video editing, extra hours done and any other effort you exert outside the scope of the current editing contract.
The last thing you’d like to happen to you is disagreeing with a client. As a freelancer, you’re trying so hard to build your reputation, and anything that will negatively impact your business is not welcome. That’s why you need to include your scope of work, and the payment you expect at every stage. Usually, a video editing contract PDF contains this section. Therefore, make use of it appropriately. Let the client know what your services entail, and how much you’ll be charging for them. Your client might have worked with other freelancers before, but that’s not a guarantee that they’re familiar with the services you offer. You should know that most clients are out to minimize the cost but still get the best services. So, you may end up doing extra work for free in case you don’t highlight your scope of work.
2. Financial clauses in the video editing contract template
This clause is equally important in the video editing contract. It outlines compensation charges or payments, suitable payment modes, payment plan, and your intervals for getting paid. You need to decide what suits your unique needs best and capture it in the editing contract. You can decide to divide this clause two ways, one showing how much you get, the other defining list and method of collection.
As a video editing freelancer, you’re working for money, and, therefore, you expect the client to deliver all the dues at the right time. Not unless you spell out your payment terms clearly, you may end up having issues with your client during payment. Well, they know they should pay you at the end of the project, but you’re only guaranteed of the payment if you’ve spelt out your payment terms in the video editing contract PDF. Don’t be afraid to state your charges. It’s better for the freelancer to know about them in advance to avoid arguments. As a freelancer, avoid having hidden charges. That will definitely spoil for you. Put it plain in the video editing contract PDF so that once the client agrees to it, they’ll not have excuses during payment.
The video editing contract should describe duration after which payments can be considered to be late, situations under which you can claim interest for late payments, and when the client is allowed not to pay (for example, if you submit unfinished or substandard work after revising several times). It will also clarify situations which part of the payment is allowed if you and client agree not to finish the project and get paid for work which has been done at that point.
This clause shows clients’ role, if any, your own travel expenses, food, and accommodation. Contracts covering detailed plans can specify hours you will work, set client revenue hopes and keep his budgets within his plan.
It should also indicate that the client will pay all related levies and that you should not be regarded as an employee during the course of the contract. .You should be able to retain your identity as a freelancer which reduces your liability on tax issues. Make sure the contract captures money issues clearly so that you are left to work without worrying about payment.
For more information regarding clauses of the contract, take a look at this link.
3. The video editing contract template time frames clause
This clause will show the duration for which the contract will last. Some ways to describe contract time frame can be described are fixed, indefinite and project. Permanent contracts stay a fixed period, for instance, few months to one year from the starting date, and has a choice to renew when the contract continue beyond the original agreement. As long as the clause allows for renewal, fixed contracts are flexible for you and the client since they don’t limit your specific project.
Project contracts last until the client has approved all project submitted work. Some project-oriented contracts don’t state an end date. Others set a deadline at which all work must be submitted or accepted.
Indefinite contracts do have a precise end date. They can show that the video editing contract remains effective until you decide to end it.
It’s also good to have a different clause showing the conditions under which you and the client can stop or terminate the contract earlier than set completion date.
In the freelance business, time is of the essence. While you expect timely payments from your client, they expect you to deliver on time. The time frame for each project should be clearly defined in the contract. Even as you do this, always work with time frames that you can achieve. Well, you might want to show your client just how fast you can complete the tasks, but for a good relationship, always be honest with time. Delivering late than stipulated in the contract may interfere with your business. The client may decide to hire another freelancer. So, be honest at this point. You can divide the project into portions and allocate time for each portion.
It can happen that for unforeseen circumstances, your relationship with the client cannot continue. The contract should carefully outline what happens when things go awfully wrong. Payment schedules should be outlined in this clause. You need to feel secure knowing you will be all right if you fall sick or get an emergency in the course of work. It describes the parties’ rights to incomplete work. Usually, the client retains copyright to any submitted, paid-for work, and you retain copyright to unpaid work.
If payment issues are not spelled out in other clauses, this section further summaries how much and when the client is required to make the payment for the partially completed work you may have done at the time of cancellation. It also elaborates what the amount of money you are entitled to for partially completed work and what the client can do for work that did not meet his agreed standards.
5. Dispute resolution clause in the video editing contract template
The clause defines how disputes arising from the editing contract relationship are to determined and resolved. It essentially explains the rules governing the agreement, usually the laws of the area you and client reside in. It also outlines the actions and timeframes under which you and your client should notify each other of any legal action and the disputes to be heard. It will also state how any dispute would be resolved whether mediation, adjudication or mediation. It usually for the best interest of all parties if they keep the matters out of court. This clause can also show any rights relinquished by the parties, like jury trial who pays legal expenses and in many instances, the losing party pays the winner’s lawyers’ fees.
6. Scope of work in the video editing contract template
The scope of work is an official contract paper that stipulates all the criteria of a contract between you and the client. A bad project for any freelancer is always the result of incompatible expectations and insufficient communication between both parties especially on the amount of work.
The clause helps in the smooth operation of the video editing contract where you both avoid uncertainties and circumstances leading to disagreements.
This clause shows a summary of the exact work areas to be done under settings of the contract. It must simply say all of the results and outcomes for which you are is responsible and leave no room for ignorant interpretation. It should also summarize the work which you are not responsible for as a video editor.
It can additionally state the client cannot increase more work to the present or later projects’ scope without adding payment. A well-defined clause prevents clients form adding more work without paying for it. It will protect you from being asked to perform roles you are not qualified to do. It describes your main duties and includes clear language showing that the client can request additional work which he will pay for. Any additional work must be well captured in the video editing contract since it expands the original work you had agreed on. This should happen subject to the parties’ mutual agreement.
7. Intellectual property rights in the video editing contract sample
This clause defines each party’s lawful ownership of the work created using the terms of the video editing contract. Contracts for freelance worker mostly work for hire, under which clients get copyright and own all official, paid work. Freelance contracts normally allow editors to retain non-profitable rights to finished work. You can only be allowed to use the work in your collection or sample book. You can’t earn a dime from work, and you can’t complain because you got paid. This is not always applicable because the client may want to keep the work as his original creation. How you both agree should be indicated in the editing contract. You will spend ages preparing the tools, planning angles and lighting, transporting equipment, editing, and burning DVDs, and eventually creating an unforgettable video. It is important to know who, in the end, will have copyright rights to your work.
8. Renegotiation clause in the video editing contract sample
If it becomes apparent that the project will need more time than originally planned and agreed upon, this clause allows you to renegotiate the scope of the project instead of working for free.
9. Single point of the video editing contact example
This clause will save you the agony of working with several people in the course of the project. Any criticism views and feedback on revisions should come from one point. The more people, the more variety of ideas, and the more conflicts you will encounter. It can be exasperating, to say the least. The clause also limits communication with a lot of people about the work enhancing the confidentiality clause. You won’t need to spend time and effort trying to please more than one person.
If you need to communicate with anybody else in the absence of the one listed in the contract the clause should include other alternatives to ensure work continues in the absence of the main contact person. Means of communicating including phone numbers, email addresses (for both you and the client) or any other medium should also be included here.
10. Confidentiality clause in the video editing contract example
Confidentially clause will limit the parties’ consent to use information obtained as a result of the business relationship. It outlines the type of material that should remain secret and the period for which privacy must be kept. Classified information can differ extensively in the clauses often include all type of material, media, disks, emails, printed documents and right of entry codes. They could also include clear restrictions on discussing the contract details with the press media, buyer competitors, freelancer associates and third parties unless with a client’s written consent.
Other clients require you to sign different contracts on disclosure of delicate material for some time after the end of the current contract. Confidentiality clauses do not substitute or replace non-disclosure deals which cover diverse eventualities; you should be aware of them too. Video editing contracts will mostly involve valuable information between you and the client. This clause protects both parties from issues arising from how the information is exchanged in the course of the business transaction and beyond. This is very important to both you and the client to prevent sharing the contents of the editing contracts with third parties infringing on the rights of the other.
11. Revisions and acceptance of finished product clause in the video editing contract
This clause shows the number of corrections the client can ask for under the existing payment schedule, the time-frame for reviews to ensure no conflicts on these matters. Some contracts indicate the number of revisions the client can request, and can also describe an excessive reworking fee for each revision above the ones on the video editing contract.
It describes the process the client accepts submitted and re-worked video. It can include an allowance, such that a job is deemed to be accepted when no revisions are requested after a duration which is specified. It also explains when a client will be allowed to reject submitted work. Such will happen when you don’t meet follow the given instructions, non-compliance with set deadlines, inability to deliver the results as given by the client and compromising on quality. It will also show steps client can take after deciding you will not deliver satisfactory results. This decision, however, must be seen to have been made in good faith. A client can, therefore, take actions like, paying part of the fees or to withhold the whole amount.
It is important that you and your client are on the same wavelength in terms of what is necessary to complete the project. These details captured in a video editing contract that you should both agree on. This contract acts as a guideline for who is accountable for all aspects of the project. Every freelancer-client relationship has risks for both parties, and it may not prevent terrible things from taking place. Nevertheless, you can significantly reduce the most severe risks related to freelancing including nonpayment and lawful action by negotiating and signing a formal, written contract for every project you undertake. They offer you a strong position if the worst occurs, enhance your credibility as a professional and reassure the clients you are the best choice for the job. Contracts are intimidating but very necessary and the best means to avoid differences. You can be free of any stress with a contract and just let your mind soar in creating the best videos that you can make.
Video editing contract template FAQs
Do you have more questions about video editing contract templates? Here are answers to the most frequently asked questions:
1. What are the benefits of using video editing contract templates?
The major benefit of using a video editing contract template for any new project is to protect your work and make sure you get paid on time. The added benefit is also having the clients written signature for the project scope and steps for resolution.
2. How do I create a video editing contract template?
A video editing contract template can be created either by starting from a sample, and editing it for the project's individual requirements, or by using Bonsai to draft and download one in just minutes. Sign up a the free trial today!
3. When do I draft and send the video editing contract template?
A video editing contract template is drafted and sent for signature whenever you start a new project.
This Contract is between Sample Client (the "Client") and John Doe (the "Videographer").
The Contract is dated [the date both parties sign].
1. WORK AND PAYMENT.
1.1 Project. The Client is hiring the Videographer to do the following: The Videographer will assist the Client with video editing services.
1.2 Schedule. The Videographer will begin work on August 22, 2020 and the work is ongoing. This Contract can be ended by either Client or Videographer at any time, pursuant to the terms of Section 4, Term and Termination.
1.3 Payment. The Client will pay the Videographer a rate of $90.00 (USD) per hour. Of this, the Client will pay the Videographer $450.00 (USD) before work begins.
1.4 Expenses. The Client will reimburse the Videographer's expenses. Expenses do not need to be pre-approved by the Client.
1.5 Invoices. The Videographer will invoice the Client weekly. The Client agrees to pay the amount owed within 15 days of receiving the invoice. Payment after that date will incur a late fee of 5.0% per month on the outstanding amount.
2. OWNERSHIP AND LICENSES.
2.1 Client Owns All Work Product. As part of this job, the Videographer is creating “work product” for the Client. To avoid confusion, work product is the finished product, as well as drafts, notes, materials, mockups, hardware, designs, inventions, patents, code, and anything else that the Videographer works on—that is, conceives, creates, designs, develops, invents, works on, or reduces to practice—as part of this project, whether before the date of this Contract or after. The Videographer hereby gives the Client this work product once the Client pays for it in full. This means the Videographer is giving the Client all of its rights, titles, and interests in and to the work product (including intellectual property rights), and the Client will be the sole owner of it. The Client can use the work product however it wants or it can decide not to use the work product at all. The Client, for example, can modify, destroy, or sell it, as it sees fit.
2.2 Videographer’s Use Of Work Product. Once the Videographer gives the work product to the Client, the Videographer does not have any rights to it, except those that the Client explicitly gives the Videographer here. The Client gives the Videographer permission to use the work product as part of the Videographer's portfolio and websites, in galleries, and in other media, so long as it is to showcase the Videographer's work and not for any other purpose. The Videographer is not allowed to sell or otherwise use the work product to make money or for any other commercial use. The Client is not allowed to take back this license, even after the Contract ends.
2.3 Videographer’s Help Securing Ownership. In the future, the Client may need the Videographer’s help to show that the Client owns the work product or to complete the transfer. The Videographer agrees to help with that. For example, the Videographer may have to sign a patent application. The Client will pay any required expenses for this. If the Client can’t find the Videographer, the Videographer agrees that the Client can act on the Videographer’s behalf to accomplish the same thing. The following language gives the Client that right: if the Client can’t find the Videographer after spending reasonable effort trying to do so, the Videographer hereby irrevocably designates and appoints the Client as the Videographer’s agent and attorney-in-fact, which appointment is coupled with an interest, to act for the Videographer and on the Videographer’s behalf to execute, verify, and file the required documents and to take any other legal action to accomplish the purposes of paragraph 2.1 (Client Owns All Work Product).
2.4 Videographer’s IP That Is Not Work Product. During the course of this project, the Videographer might use intellectual property that the Videographer owns or has licensed from a third party, but that does not qualify as “work product.” This is called “background IP.” Possible examples of background IP are pre-existing code, type fonts, properly-licensed stock photos, and web application tools. The Videographer is not giving the Client this background IP. But, as part of the Contract, the Videographer is giving the Client a right to use and license (with the right to sublicense) the background IP to develop, market, sell, and support the Client’s products and services. The Client may use this background IP worldwide and free of charge, but it cannot transfer its rights to the background IP (except as allowed in Section 9.1 (Assignment)). The Client cannot sell or license the background IP separately from its products or services. The Videographer cannot take back this grant, and this grant does not end when the Contract is over.
2.5 Videographer’s Right To Use Client IP. The Videographer may need to use the Client’s intellectual property to do its job. For example, if the Client is hiring the Videographer to build a website, the Videographer may have to use the Client’s logo. The Client agrees to let the Videographer use the Client’s intellectual property and other intellectual property that the Client controls to the extent reasonably necessary to do the Videographer’s job. Beyond that, the Client is not giving the Videographer any intellectual property rights, unless specifically stated otherwise in this Contract.
3.1 Overview. This section contains important promises between the parties.
3.2 Authority To Sign. Each party promises to the other party that it has the authority to enter into this Contract and to perform all of its obligations under this Contract.
3.3 Videographer Has Right To Give Client Work Product. The Videographer promises that it owns the work product, that the Videographer is able to give the work product to the Client, and that no other party will claim that it owns the work product. If the Videographer uses employees or subcontractors, the Videographer also promises that these employees and subcontractors have signed contracts with the Videographer giving the Videographer any rights that the employees or subcontractors have related to the Videographer’s background IP and work product.
3.4 Videographer Will Comply With Laws. The Videographer promises that the manner it does this job, its work product, and any background IP it uses comply with applicable U.S. and foreign laws and regulations.
3.5 Work Product Does Not Infringe. The Videographer promises that its work product does not and will not infringe on someone else’s intellectual property rights, that the Videographer has the right to let the Client use the background IP, and that this Contract does not and will not violate any contract that the Videographer has entered into or will enter into with someone else.
3.6 Client Will Review Work. The Client promises to review the work product, to be reasonably available to the Videographer if the Videographer has questions regarding this project, and to provide timely feedback and decisions.
3.7 Client-Supplied Material Does Not Infringe. If the Client provides the Videographer with material to incorporate into the work product, the Client promises that this material does not infringe on someone else’s intellectual property rights.
4. TERM AND TERMINATION. This Contract is ongoing, until ended by the Client or the Videographer. Either party may end this Contract for any reason by sending an email or letter to the other party, informing the recipient that the sender is ending the Contract and that the Contract will end in 7 days. The Contract officially ends once that time has passed. The party that is ending the Contract must provide notice by taking the steps explained in Section 9.4. The Videographer must immediately stop working as soon as it receives this notice, unless the notice says otherwise. The Client will pay the Videographer for the work done up until when the Contract ends and will reimburse the Videographer for any agreed-upon, non-cancellable expenses. The following sections don’t end even after the Contract ends: 2 (Ownership and Licenses); 3 (Representations); 6 (Confidential Information); 7 (Limitation of Liability); 8 (Indemnity); and 9 (General).
5. INDEPENDENT CONTRACTOR. The Client is hiring the Videographer as an independent contractor. The following statements accurately reflect their relationship:
- The Videographer will use its own equipment, tools, and material to do the work.- The Client will not control how the job is performed on a day-to-day basis. Rather, the Videographer is responsible for determining when, where, and how it will carry out the work.- The Client will not provide the Videographer with any training.- The Client and the Videographer do not have a partnership or employer-employee relationship.- The Videographer cannot enter into contracts, make promises, or act on behalf of the Client.- The Videographer is not entitled to the Client’s benefits (e.g., group insurance, retirement benefits, retirement plans, vacation days).- The Videographer is responsible for its own taxes.- The Client will not withhold social security and Medicare taxes or make payments for disability insurance, unemployment insurance, or workers compensation for the Videographer or any of the Videographer’s employees or subcontractors.
6. CONFIDENTIAL INFORMATION.
6.1 Overview. This Contract imposes special restrictions on how the Client and the Videographer must handle confidential information. These obligations are explained in this section.
6.2 The Client’s Confidential Information. While working for the Client, the Videographer may come across, or be given, Client information that is confidential. This is information like customer lists, business strategies, research & development notes, statistics about a website, and other information that is private. The Videographer promises to treat this information as if it is the Videographer’s own confidential information. The Videographer may use this information to do its job under this Contract, but not for anything else. For example, if the Client lets the Videographer use a customer list to send out a newsletter, the Videographer cannot use those email addresses for any other purpose. The one exception to this is if the Client gives the Videographer written permission to use the information for another purpose, the Videographer may use the information for that purpose, as well. When this Contract ends, the Videographer must give back or destroy all confidential information, and confirm that it has done so. The Videographer promises that it will not share confidential information with a third party, unless the Client gives the Videographer written permission first. The Videographer must continue to follow these obligations, even after the Contract ends. The Videographer’s responsibilities only stop if the Videographer can show any of the following: (i) that the information was already public when the Videographer came across it; (ii) the information became public after the Videographer came across it, but not because of anything the Videographer did or didn’t do; (iii) the Videographer already knew the information when the Videographer came across it and the Videographer didn’t have any obligation to keep it secret; (iv) a third party provided the Videographer with the information without requiring that the Videographer keep it a secret; or (v) the Videographer created the information on its own, without using anything belonging to the Client.
6.3 Third-Party Confidential Information. It’s possible the Client and the Videographer each have access to confidential information that belongs to third parties. The Client and the Videographer each promise that it will not share with the other party confidential information that belongs to third parties, unless it is allowed to do so. If the Client or the Videographer is allowed to share confidential information with the other party and does so, the sharing party promises to tell the other party in writing of any special restrictions regarding that information.
7. LIMITATION OF LIABILITY. Neither party is liable for breach-of-contract damages that the breaching party could not reasonably have foreseen when it entered this Contract.
8.1 Overview. This section transfers certain risks between the parties if a third party sues or goes after the Client or the Videographer or both. For example, if the Client gets sued for something that the Videographer did, then the Videographer may promise to come to the Client’s defense or to reimburse the Client for any losses.
8.2 Client Indemnity. In this Contract, the Videographer agrees to indemnify the Client (and its affiliates and its and their directors, officers, employees, and agents) from and against all liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of: (i) the work the Videographer has done under this Contract; (ii) a breach by the Videographer of its obligations under this Contract; or (iii) a breach by the Videographer of the promises it is making in Section 3 (Representations).
8.3 Videographer Indemnity. In this Contract, the Client agrees to indemnify the Videographer (and its affiliates and its and their directors, officers, employees, and agents) from and against liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of a breach by the Client of its obligations under this Contract.
9.1 Assignment. This Contract applies only to the Client and the Videographer. The Videographer cannot assign its rights or delegate its obligations under this Contract to a third-party (other than by will or intestate), without first receiving the Client’s written permission. In contrast, the Client may assign its rights and delegate its obligations under this Contract without the Videographer’s permission. This is necessary in case, for example, another Client buys out the Client or if the Client decides to sell the work product that results from this Contract.
9.2 Arbitration. As the exclusive means of initiating adversarial proceedings to resolve any dispute arising under this Contract, a party may demand that the dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules.
9.3 Modification; Waiver. To change anything in this Contract, the Client and the Videographer must agree to that change in writing and sign a document showing their contract. Neither party can waive its rights under this Contract or release the other party from its obligations under this Contract, unless the waiving party acknowledges it is doing so in writing and signs a document that says so.
(a) Over the course of this Contract, one party may need to send a notice to the other party. For the notice to be valid, it must be in writing and delivered in one of the following ways: personal delivery, email, or certified or registered mail (postage prepaid, return receipt requested). The notice must be delivered to the party’s address listed at the end of this Contract or to another address that the party has provided in writing as an appropriate address to receive notice.
(b) The timing of when a notice is received can be very important. To avoid confusion, a valid notice is considered received as follows: (i) if delivered personally, it is considered received immediately; (ii) if delivered by email, it is considered received upon acknowledgement of receipt; (iii) if delivered by registered or certified mail (postage prepaid, return receipt requested), it is considered received upon receipt as indicated by the date on the signed receipt. If a party refuses to accept notice or if notice cannot be delivered because of a change in address for which no notice was given, then it is considered received when the notice is rejected or unable to be delivered. If the notice is received after 5:00pm on a business day at the location specified in the address for that party, or on a day that is not a business day, then the notice is considered received at 9:00am on the next business day.
9.5 Severability. This section deals with what happens if a portion of the Contract is found to be unenforceable. If that’s the case, the unenforceable portion will be changed to the minimum extent necessary to make it enforceable, unless that change is not permitted by law, in which case the portion will be disregarded. If any portion of the Contract is changed or disregarded because it is unenforceable, the rest of the Contract is still enforceable.
9.6 Signatures. The Client and the Videographer must sign this document using Bonsai’s e-signing system. These electronic signatures count as originals for all purposes.
9.7 Governing Law. The laws of the state of Nevada govern the rights and obligations of the Client and the Videographer under this Contract, without regard to conflict of law principles of that state.
9.8 Entire Contract. This Contract represents the parties’ final and complete understanding of this job and the subject matter discussed in this Contract. This Contract supersedes all other contracts (both written and oral) between the parties.
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