Classic Photographers / Rustic Wedding Pictures
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Memo of Understanding
Between Classic Photographers
(henceforth referred to as Classic)
And Yourself
(henceforth referred to as the Videographer)
PBM Account / Unavailable Dates
Videographer agrees to keep Classic fully updated on all unavailable dates during the time of their contract, a twenty-four (24) month time period, by keeping their PBM calendar up to date. Since the majority of events are booked Friday, Saturday, and Sunday, the Videographer understands weekend availability is crucial to this position, and agrees to keep weekend availability up to date within the period of their employment with Classic. Classic will update its internal calendar accordingly, and will only book Videographer for events that agree with the Videographer’s PBM calendar. Failure to keep Classic updated 100% accurately on unavailable dates can be considered negligence under terms of this memo if Videographer refuses a booking for a date that they had not informed Classic they were unavailable for in their calendar. Videographer understands that Classic assigns videographers to events on a need basis, agrees to keep their calendar updated even if they have not received a contract in a long period of time.
Compensation
Classic agrees to pay Videographer $50.00/hour based on the total hours listed in the event contract. The amount of hours worked shall not exceed the hours listed in the Videographer’s event contract, unless agreed upon by bride/groom. Classic will inform Videographer if additional hours are added to the package before the wedding day. Videographer will be paid the same rate for any additional hours added to the event package.
Travel Compensation
The Videographer agrees that Classic will be assigning them to events in their general shooting area, typically within a 100 mile radius. Classic will ask Videographer about any events outside of this radius before sending a contract. Classic agrees to compensate Videographer 56 cents per mile for travel costs, when Videographer is traveling to a wedding that is over 50 miles one way from Videographer’s set home location. For example, if Videographer is booked for a wedding that is 60 miles one way from their home location, Videographer will receive 20 miles of paid travel compensation, adding up to $11.20 provided by Classic.
File Uploading
Videographer agrees to upload all files after filming an event within a seventy-two (72) hour period from the conclusion of the event. Videographer agrees to follow the uploading instructions provided by Classic to the best of their ability to upload their files successfully. All files shall be placed into a folder titled with the wedding’s Event ID, and uploaded via FTP file transfer to the designated server. Videographer understands that the Classic server has a 15GB file size limit for individual files, and will compress or split up files if needed to fit within this size restriction. All compressed files should be tested by un-compressing before uploading to ensure that no corrupted footage will be uploaded.
In the event the footage is deemed corrupted by Classic, Videographer will be asked to re-upload footage within 72 hours. Classic reserves the right to hold Videographer’s pay until successful upload of all footage is completed.
File Handling
Videographer agrees to keep all files in their original format for a period of no less than 180 days, or 6 months from the date of the wedding. Deleting of files before this time period will be considered negligence, especially if Classic requests a re-upload for any reason.
Event Cancellation
If a video assignment is canceled by Classic and the bride/groom, Classic agrees to notify Videographer as soon as possible. There will be no compensation provided to Videographer for a canceled event.
Communication
Classic asks that all communication with brides and couples for booked events be returned within a twenty-four (24) hour time period. The Videographer should be in touch with the couple up to the event, the following two calls to the couple are required:
Introduction call: Videographer will contact bride within 24 hours of receiving the contract for the event. Videographer will introduce themselves and congratulate the couple, and see if they have any questions or special requests for their video.
Check-in call: Videographer will contact bride between 10 days before the wedding and the week of the wedding to review the bride’s video worksheet and see if they have any questions before the big day! Check-in calls help Classic keep track of who is all set for their weddings. After Videographer has completed this call, please fill out this form: https://fa150.infusionsoft.com/app/form/check-incall-completed3
Non-Competition
While both parties agree that the Videographer is freelance and not an employee, both parties agree that Classic makes a substantial effort to provide Videographer with bookings as needed in their general filming area.
Videographer CAN book themselves privately for weddings and market themselves as their own brand and wedding videographer during their employment with Classic, and can film wedding events outside from Classic during their time of employment with Classic. However, Videographer agrees that should they receive a booking from Classic, that Videographer is not to solicit the client’s business away from Classic or offer other private services outside of Classic to the customer. Classic handles all aspects of the booking and and failure to understand this or attempts to take a client that Classic recruited is breach of this contract.
Videographer can work for any other type of full service studio or company that is not primarily marketing to wedding clients. Videographer can also work under studios or businesses in their area with no conflict to this agreement with Classic.
Footage Rights
Videographer agrees that Classic may use their footage for marketing or promotional purposes. However, Videographer has full rights to their footage and is welcome to use it for their own private marketing or any other reason. Classic just asks that Videographer wait until the bride receives her edited footage from Classic before the Videographer posts any footage online or on social media. Both parties agree that the client is also given usage rights to their footage as well.
Videographer Negligence
If Videographer fails to show up to the wedding to perform their duties as outlined in this memo and their contract, or arrives drunk, under the influence or drugs or illegal substances, or performs other acts of gross negligence at the wedding, then Videographer is to be responsible for reimbursement of $5000 or cost of wedding as outlined in the contract, whichever is greater, to Classic. “Gross negligence” does not apply to quality of the footage filmed by Videographer or the client’s perception of it, rather it is seen as actions or behaviors that would sabotage the event. Classic will not hold the Videographer responsible for acts of God (including for example, illness, car accident, things that prohibit them from providing their contractual duty but are not things they could have controlled), acts of terrorism, war, or other indemnifying acts that would prevent the Videographer from completing work as outlined in this memo or the contract for each wedding.
Videographer is not permitted to "cancel" on an event or any contract whatsoever. Attempts to "cancel" on a booking with a signed contract in place is considered videographer negligence in terms of Videographer's contracts and this document, and Classic Photographers can hold the Videographer liable for a fee of $5,000 as a result. Videographer agrees their contracts represent booked dates they will attend. Should Videographer be physically unable to to appropriately perform their job, they are to notify Classic Photographers staff immediately. This policy is enforced on a case by case basis, and Videographers will only be allowed to be excused from a booking in cases of illness, broken bones, serious injury, car accident, or any other uncontrollable act of God as deemed worthy of an excused absence from a booking. Medical documentation including a signed note from a medical professional stating that Videographer is unfit to film the event is required for all excused absences from bookings.
Ethics
Videographer agrees that while performing duties for Classic that they will in no way solicit their personal and/or private business/brand/company while on Classic paid time. While this contract is a non-exclusive one with Classic, Videographer will not distribute literature bearing the information of their personal business/brand/company. This includes, but is not limited to, business cards, brochures, and any other literature that does not bear the company name/info of Classic. Videographer will not wear apparel with any personal branding for a business/brand/company that is not Classic. Violation of this portion may result in Videographer’s service no longer being used by Classic in the future.
Videographer will not 'friend' the bride on their personal or professional Facebook account.
Videographer agrees to refrain from any negative or critical posting or communication of any kind on any type of media outlet including but not limited to, the internet, social media like Facebook or Twitter, print media, or other types of media, until all methods of resolution, including litigation and assigned arbitration have been exhausted. In the event, that Videographer resorts to such action, Videographer will be held responsible for any damages to the reputation of Classic Photographers, including but not limited to libel, slander, false claims or accusations and including court and/or attorney fees.
Rules of Conduct
Dress Code: Videographer MUST be dressed professionally. Jeans, flip flops, sneakers, t-shirts, revealing clothing or brightly colored are not allowed to be worn by Videographer on a Classic event. Videographer should be dressed in black or dark colors, either a collared shirt and pants, modest dress, or modest blouse and skirt are acceptable with dark shoes for Classic events.
Self-Promotion: Videographer is not allowed to promote themselves or their personal businesses at any time to a Classic customer or to any client or guest at a Classic booked wedding.
Cell Phone: Videographers shall not use their cell phone while on Classic paid time. Texting while on the clock does not give a good representation of Classic to our brides. All cell phones should be turned off or on silent. No exceptions.
Alcohol and Controlled Substances: Videographer will not use or consume any drugs, alcohol, or controlled substances at a Classic wedding or event even if you are off the clock and the clients approve such use.
Videographer will not smoke or chew gum at any Classic event.
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