M&R Terms for Wedding Videography 

[1] Videography means all videographic material (whether tapes, DVDs, electronic/digital formats or otherwise) furnished by M&R Video Productions, 1609 NW 104th Street, Clive, IA 50325, phone: (515) 314-2983, hereinafter the Videographer.  Client is defined as the person or persons financially responsible to enter into this agreement.

[2] Except as otherwise specifically provided herein, all videography and rights therein, including copyright, remain the sole and exclusive property of the Videographer. Any additional uses require the prior written agreement of the Videographer on the terms to be negotiated. Unless otherwise provided herein, any grant of rights is limited to the private use of videographic material purchased by the individuals.

[3] Client will not make or permit without the signed written agreement of the Videographer any alterations, additions, subtractions in respect of the videography, including without limitation any digitization or synthesization of the videography, alone or with any other material, by use of computer or other electronic means or any other method or means now or hereafter known.  The Videographer grants the Client the right to create backup copies of the delivered DVD.

[4] Client will indemnify and defend the Videographer, against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses arising out of any use of any videography for which no release was furnished by the Videographer, or any videography, which are altered by the Client.  Unless so furnished, in writing, no release exists. The Videographer’s liability for all claims shall not exceed in any event the total amount paid by Client to the Videographer.

[5] Client assumes full risk of loss or damage to materials furnished by the Videographer hereunder and warrants that said materials are adequately insured against such loss or damage. Client shall indemnify Videographer against all claims, liability, damages and expenses incurred by the Videographer in connection with any third-party claim arising out of use of said material hereunder or the performance of this agreement by the Videographer.

[6] All payment for services and materials provided by the Videographer hereunder shall be made as follows: $100.00 deposit to book the date, with the balance of the payment payable no later than one month before the wedding date. Deposits are non-returnable (see exceptions in section [11]). One copy of the video on DVD format is included in the cost of videography. Orders for additional copies may be made at any time.

[7] No rights are granted until payment is made in full.

[8] Client may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and ensures to the benefit of the Videographer, Client, Client’s principals, agents and affiliates, and their respective heirs, legal representatives, successors and assigns. The Client and its principals, 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. This agreement incorporates by reference Article 2 of the Uniform Commercial Code and the Copyright Act of 1976, as amended.

[9] Client hereby expressly consents to the jurisdiction of the Iowa State Court in Polk County with respect to claims by Videographer under the Copyright Act of 1976, as amended.

[10] If either or both the wedding date and event location are changed after the signing of this contract, Videographer is not obligated to honor the changed date or location. The Client is urged to contact the Videographer as soon as possible to try to secure the new date and/or location.

[11] Emergencies: Weddings cancelled due to serious injuries, serious illness or death to the groom, bride, or their immediate families will cause this agreement to be null and void. Serious injury or illness is defined as injuries or illness requiring hospitalization or rendering the person physically unable to attend the wedding. Videographer will return any deposits made and will not charge for time or material expenses incurred while preparing for the shoot. Likewise, serious injury, serious illness or death to an owner or employee of M&R Video Productions, or their immediate families will cause this agreement to be null and void. Client(s) as well as the Videographer must produce documentation in writing of the injury, illness, or death that states the relationship of the patient/victim to the Client/Videographer and the letter must be signed by an attending physician, charge nurse or funeral director, or copy of a death certificate in case of death. For the purpose of this agreement immediate family will consist of parents, stepparents, brothers, sisters, spouses, children, stepchildren, grandchildren and grandparents, as well as officers of M&R Video Productions, and the bride or groom. Either party may invoke this clause up to five days prior to the wedding and extending to such a time that the wedding would have been concluded.

[12] Unless negotiated in a separate instrument (in writing) all tapes/DVDs, sample tapes/DVDs and images remain the property of Videographer and may be used as advertising, display, or any purpose thought proper by the Videographer without compensation to the Client.

[13] Upon signature and receiving the deposit, the Videographer reserves the time(s) and date(s) agreed upon. No other Videographer will be permitted to videotape, pose or interrupt while the Videographer is performing any of the services under this agreement. Any breech of this agreement will constitute a reason for non-completion of the job with no liability to the Videographer and will result in the loss of the initial deposit.

[14] The Client whose wedding event(s) to be filmed is/are located more than 50 miles from Clive, Iowa agrees to pay up to but no more than 50 cents for each mile over and above the roundtrip mileage of 100 miles. If travel is required by the Videographer between event sites, the mileage is included in the total roundtrip mileage. Travel time between the sites is likewise included in the total amount of time contracted. In addition to mileage payments, the Client whose event site(s) is/are located more than 200 miles round-trip from Clive, Iowa agrees to pay up to but no more than $100 to cover the cost of a hotel if a) events to be taped are on different days and/or b) if the events to be taped finish after 9 p.m. CST.

[15] In rare cases a venue may charge fees to vendors of the Client, if the vendor is not on the venue’s preferred vendor list. The Videographer is not liable for any vendor fees or surcharges required by the Client’s wedding venue. Client agrees to pay directly to the venue any such fees. Failure to pay such fees to the venue may result in the Videographer not being allowed onto the venue premises, in which case taping is impossible and the Client forfeits the entire payment for videography. If taping occurs but a vendor fee assessed to the Videographer remains unpaid by the Client after the wedding, videography will not be delivered until and unless such fees are paid by the Client.

[16] The Client agrees to make payment to the Videographer in the form of cash, check, or money order.

[17] The Videographer respects the copyrighted work of others and will not insert copyrighted music into your wedding video. We will use high quality production music, which we believe appropriate when creating your wedding montage(s). Copyrighted music played or performed during your private event and captured by our camera(s) may or may not be covered as incidental.  The Client will indemnify and defend the Videographer, against all claims, liability, damages, costs, and expenses, including legal fees and expenses arising out of any copyright infringement.