freelance VIDEOGRAPHY SERVICE AGREEMENT & LIABILITY WAIVER
This Videography Service Agreement & Liability Waiver ("Agreement") is made and entered into on the Effective Date by and between CruxCinematix, a videography business operating in Austin, Texas ("Service Provider" or "CruxCinematix"), and the Client ("Client"), collectively referred to as "Parties."
1. AGREEMENT TO TERMS
By booking videography services with CruxCinematix, the Client agrees to be bound by the terms and conditions set forth in this Agreement. This Agreement constitutes a legally binding contract and governs the rights, duties, and obligations of the Parties.
2. SCOPE OF SERVICES
CruxCinematix agrees to provide videography services as outlined in the invoice, proposal, or project description provided to the Client. The services may include, but are not limited to:
Pre-production planning (if included),
On-location or studio filming,
Video editing and post-production,
Delivery of final video files in the format(s) agreed upon.
Any additional services or changes outside the agreed scope must be documented in writing and may incur additional charges.
Exclusions:
Raw footage ownership unless explicitly transferred in writing.
Reshoots, additional edits, or extra revisions beyond the agreed revisions.
Third-party licensing for music, graphics, or additional assets.
3. PAYMENT TERMS & NO REFUND POLICY
Full payment is due prior to delivery of the final edited project.
All payments are final and non-refundable once services have been rendered or the project has been initiated. Payments are due on or before the date specified in the invoice.
No refunds will be issued for any services rendered, including any costs incurred for the production or post-production work.
The Client acknowledges that they are responsible for paying in full for all services prior to the receipt of the final video deliverables.
4. LIABILITY WAIVER AND LIMITATION OF LIABILITY
CruxCinematix shall not be held liable for:
Delays or cancellations caused by weather conditions, client or crew emergencies, venue restrictions, technical failures, or any other unforeseen event.
Any loss, damage, or injury to property, people, or any third party that may occur during the performance of the videography services.
Client dissatisfaction due to subjective preferences concerning the final product.
Corrections/Edits:
The Client acknowledges that minor corrections or revisions can be made post-delivery if they fall within the scope of the originally agreed-upon project. However, no refunds will be issued for any changes or corrections requested after the project has been delivered.
The Client understands that CruxCinematix is not responsible for any dissatisfaction arising from subjective creative preferences and agrees to the final version as delivered, provided it meets the initial scope of the agreement.
5. INTELLECTUAL PROPERTY & USAGE RIGHTS
Ownership of Footage: The Client agrees that CruxCinematix retains full ownership of all footage, raw footage, audio, and final edited materials produced during the course of the project, unless otherwise agreed upon in writing.
License for Client Use: The Client is granted a non-exclusive, non-transferable license to use the final edited video for the specific purposes agreed upon in the proposal or project scope. The Client shall not claim ownership of the footage or use it for purposes beyond the agreed scope.
CruxCinematix's Rights to Use Footage: The Client grants CruxCinematix permission to use any footage, including final edits, for promotional purposes, social media, marketing, and portfolio use, unless explicitly prohibited in writing.
Raw Footage: Raw footage remains the exclusive property of CruxCinematix and may be made available for purchase by the Client under separate terms.
6. WEATHER, EMERGENCIES, AND CANCELLATION POLICY
The Parties acknowledge that certain events may be beyond the control of CruxCinematix, including but not limited to weather conditions, client or crew emergencies, and venue-related restrictions, that may cause delays or rescheduling of services. In such cases:
Rescheduling: If the event is canceled or rescheduled due to reasons outside the control of CruxCinematix, a rescheduling fee may apply, or the project may be postponed until the Client and CruxCinematix agree on an alternative date.
The Client will not be entitled to a refund in case of rescheduling or postponement due to these circumstances.
7. DISPUTE RESOLUTION & GOVERNING LAW
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.
Mediation: In the event of a dispute, the Parties agree to resolve the matter through mediation in Travis County, Texas, before resorting to litigation.
Legal Fees: In the event of legal action, the prevailing Party will be entitled to recover all reasonable attorney’s fees and court costs associated with the dispute.
8. non-exclusivity clause
Non-Exclusivity: This Agreement does not create an exclusive relationship between the Client and CruxCinematix. CruxCinematix is free to provide services to other clients during the term of this Agreement, and the Client agrees that this will not interfere with the successful completion of the project.
9. CLIENT ACKNOWLEDGEMENT & ACCEPTANCE OF TERMS
By signing below, the Client affirms that they have read, understood, and agreed to the terms of this Videography Service Agreement & Liability Waiver, and that they accept all responsibilities and obligations outlined herein.
signature:
By signing below, the Client agrees to the terms of this Videography Service Agreement & Liability Waiver.
Client Signature: ____________________________________
Date: ____________________________________
CLIENT INFORMATION
Client Name: ____________________________________
Business Name (if applicable): ____________________________________
Project Title/Description: ____________________________________
Date of Service Agreement: ____________________________________
Total Payment Amount Agreed: ____________________________________
Payment Due Date: ____________________________________
PRE-PRODUCTION MEETING & REQUIREMENTS ACKNOWLEDGEMENT
By signing below, the Client confirms that they have participated in a pre-production meeting (if applicable) and fully understand and agree to the video requirements, including scope, style, location, schedule, and other logistical details.
Client Signature: ____________________________________
Date: ____________________________________
CONFIRMATION OF REQUIREMENTS MET
Upon completion of the project, the Client confirms that all agreed-upon requirements and expectations for the video project have been met to their satisfaction.
Client Signature: ____________________________________
Date: ____________________________________
For questions or clarifications, contact CruxCinematix at: dylan@cruxcinematix.com
(Form will be printed by CruxCinematix and presented during Pre-Production meeting!)