Terms and Conditions
Agreement for Monthly Video Production
This Contract (the "Contract") is made effective by and between the contracting client (the “client”) and VidArmy LLC on the date the subscription was made by the client (“the date of purchase”).
DESCRIPTION OF SERVICES.
For the duration of the subscription, VidArmy LLC will provide to the client the following services (collectively, the"Services"):
VidArmy LLC will be providing monthly videos filmed and edited by VidArmy. VidArmy will provide the background music. There will be either 1 high-level edited video delivered, or 2 or more shorter edited videos delivered. Hours are laid out in each subscription. Extra time may be given at videographers discretion.
PERFORMANCE OF SERVICES.
VidArmy LLC agrees to create videos as per the client’s stated requests, allowing for artistic expression; VidArmy LLC shall provide the client with the edited rough draft version of the video(s). The client is allowed one rough draft re-edit for each video after the initial (first) version of the videos is sent. This will be the opportunity for the client to send all additions/corrections they want made to the video(s) to VidArmy in one email to so that the changes can all be made at once, avoiding excess time costs rendering, re-exporting and re-uploading the video(s) multiple times. The video(s) will be marked complete after the client’s instructions have been sent and followed and the video(s) has been sent to the client. The video(s) will also be marked complete if client fails to send all additions/corrections they want made within 1 week of the date the initial rough draft video was sent. If the client desires changes to a video(s) to be made after it has been marked complete, additional costs may apply. The client understands they are responsible for planning each video. VidArmy may be available as a resource for improving and adding to the already created plan for each video(s), upon request. VidArmy employees are insured by VidArmy for any damages caused by VidArmy employees. We do not guarantee that you will be satisfied with the finished product.
Chargeable time begins when the videographer(s) arrive at the location of the shoot, and ends when the videographer(s) leaves. Set up time, travel, discussions, and any other interruptions during the time of the shoot (videographer(s) on site), will be included as chargeable hours.
The client agrees to pay VidArmy LLC the amount stated in the plan that client signs up for. For the $499/mo plan, a payment of $499 will be charged to the clients card on file. Additional hours will be $349/hr of filming per request. For the Premium Plan, a payment of $799 will be charged to the clients card on file. Additional hours will be $199/hr of filming per request. For the Photo Plan, a payment of $349 will be charged to the clients card on file. Additional hours will be $249 of photo shoot time per request.
It is understood by the client that scheduling a shoot with VidArmy each month is their responsibility and that payment will be due regardless of scheduling. VidArmy Videographers, will work with client, to schedule shoots upon availability. Videographers may not be available at the clients convenience.
If client defaults on payment, a $50 late fee will be added to that month’s payment, and interest will begin to accrue on all past due amounts after 30 calendar days of the due date at 6% annually.
Payment plan cancelation: The Client has the right to cancel plans anytime, it is the clients responsibility to cancel before the renewal date This Contract (the "Contract") is made effective as of the date of purchase (the "Effective Date”) and is also the renewal date, by and between the client, and VidArmy LLC. If the client cancels after the renewal date of that month, the client will be charged for the month of that renewal cycle. For example: if the client signed up for a plan on the 2nd of June, and canceled the plan on July 3rd, the client will be charged for June, and July.
Filming and scheduling cancelations: If notice of cancellation/rescheduling of a shoot is given to VidArmy less than 48 hours prior to the commencement of the shoot, the client will be liable to VidArmy for 30% of the antiquated amount of the shoot.
CONTINGENCY AND WEATHER DAYS.
A contingency day is any day where a scheduled media/film shooting has been prevented from occurring due to circumstances beyond the control of VidArmy. These circumstances may include but should not be limited to: (1) Weather conditions (rain, fog, sleet, hail, or any adverse condition that is not consistent with the prescribed shooting conditions within reasonable creative parameters). (2) Injury, illness, or absence of client-supplied elements (e.g. key talent, color correct products). (3) “Force majeure” (meaning but not limited to, earthquake, riot, fire, flood, volcanic eruption, acts of war, strikes, labor unrests, civil authority, terrorism, and acts of God). VidArmy recognizes its obligation to minimize contingency day liabilities and will apply accepted industry cancellation practices.
VidArmy LLC and the client agree that this Contract shall commence on the date of purchase and that same shall terminate after one calendar year. Said agreement may be extended and/or renewed by agreement of all parties memorialized in a subsequent amendment thereafter.
RELATIONSHIP OF PARTIES.
It is understood by the parties that VidArmy LLC is an independent contractor with respect to the client, and not an employee of the client.
VidArmy LLC, and its employees, agents, or representatives will not at any time or in any manner either directly or indirectly, use for the personal benefit of VidArmy LLC, or divulge, disclose, or communicate in any manner, any information that is proprietary to the client. VidArmy LLC and its employees, agents, and representatives will protect such information and treat it as strictly confidential.
The editing schedule and selected methodology are designed to accomplish the goals and wishes of the client. The client and VidArmy LLC agree that positive cooperation, communication and punctuality are therefore essential.
The client agrees to indemnify and hold harmless VidArmy LLC from all claims, losses, expenses, fees, including attorney fees, costs, and judgments that may be asserted against VidArmy LLC.
Except as otherwise provided herein, VidArmy owns all rights, title and interest in and to the media(s) which are the subject of this Agreement, including all copyrights therein as well as in and to all the exposed negatives, positives, out-takes and clips. VidArmy grants the client a license to use media(s) however they wish, indefinitely.
VidArmy understands that some information for said media(s) may be of a confidential and/or sensitive nature. VidArmy agrees, at Client’s written request, to require, within reason, those engaged for the production to sign appropriate agreements not to discuss or disclose information about the product or the Specified Media(s) except as such disclosure may be necessary for VidArmy to produce media(s) in the usual and customary manner under this Agreement
VidArmy LLC shall provide its services and meet its obligations under this Contract in a timely, and professional manner, using knowledge and recommendations for performing the services which meet generally acceptable industry standards and will provide a standard of care equal to, or superior to, care used by service providers similar to VidArmy LLC on similar projects.
The occurrence of any of the following shall constitute a material default under this Contract:
The failure to make a required payment when due.
The insolvency or bankruptcy of either party.
The subjection of any of either party's property to any levy, seizure, general assignment for
the benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 10 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party reasonably timely written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lockouts, work stoppages, other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of nonperformance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
This Contract contains the entire Contract of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER OF CONTRACTUAL RIGHT.
The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
Neither party may assign or transfer this Contract without the prior written consent of the non assigning party, which approval shall not be unreasonably withheld.
This Agreement shall be signed by the client and on behalf of VidArmy LLC by Levi Lindsay, Owner and Johnny Murdock, Owner is effective as of the date of purchase.
By accepting the terms and conditions and subscribing to VidArmy LLC’s monthly video plan, you, the client, agree to this contract.
Company: Levi Lindsay of VidArmy LLC
Company: Johnny Murdock of VidArmy LLC