Client Services Agreement
The client and M3Media Productions agree:
This Client Services Agreement (the “Agreement”) is made by and between M3Media Productions, LLC (“M3MEDIA”) and (the “Client”) pursuant to the following terms and the General Terms & Conditions.
The Client and M3MEDIA hereby agree to the following:
Scope of this Agreement: M3MEDIA will use its best efforts to create high quality photographs or video of the premises designated by the Client (“Premises”) to produce satisfying images or video (with purchased Royalty-free music or other media), custom made to the product package and specifications selected (the “Finished Product”).
Payment: After approving the specifications of the Client, M3MEDIA shall submit a detailed Square invoice to the Client for their services with the payment terms of a non-refundable 50% deposit of the full amount due prior to rendering services. After services are rendered, remaining 50% of the total will be due prior to delivery of Finished Product.
Rights: M3MEDIA shall furnish the Client with a link to digital upload of the branded version of the Finished Product via Vimeo or Youtube, with a limited license to use the branded version of the Finished Product for purposes of marketing the Premises and/or the Client’s business by any means, for as long as the Client desires. M3MEDIA shall also furnish the Client with a link to digital upload of the unbranded version of the Finished Product via Vimeo or Youtube, with a limited license to use the unbranded version of the Finished Product solely in relation to the subject MLS listing of the Premises, until such time as the subject MLS listing for the Premises ceases or expires. All branded delivered products consist of the client’s logo and the M3MEDIA logo. Regardless of any terms and conditions of the MLS, at no time does that Agreement provide Client with the right to transfer copyright, or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106.
General Terms & Conditions:
The Client and M3MEDIA agree:
- M3MEDIA’s obligation to the Client shall be to timely and professionally render its services to create video and photographs, to produce a finished video with purchased Royalty-free music, or photographs of the Premises pursuant to this Agreement (the “Finished Product”). M3MEDIA shall be excused from any liability to the Client in the event the Client fails to permit timely access to the Premises by the M3MEDIA Staff.
- The Client represents and warrants it has obtained (i) the unrestricted consent of the owner or occupant of the Premises, allowing the full access to the Premises by M3MEDIA staff and contractors to take video and photographs of the Premises as needed to produce the Finished Project, and (ii) the acknowledgment of the owner or occupant of the Premises that M3MEDIA shall be the exclusive owner of the Finished Product and/or the Raw Images as set forth herein.
- The Client acknowledges that if the shoot date is to be rescheduled within less than 48 hours then an additional fee of 15% of the total invoice will be due.
- The Client acknowledges this is not a work made for hire agreement. M3MEDIA shall be the exclusive owner of the Finished Product, copyrights, other intellectual property rights, all the original and edited content, videos, and photographs created by M3MEDIA to produce the Finished Product (the “Raw Images”). M3MEDIA may edit the Raw Images by any means convenient to create the Finished Product. The Client acknowledges that it does not have any claim of ownership or claim of copyright, patent, or other intellectual property right to the Finished Product and/or the Raw Images.
- It is the Client’s responsibility to verify that Video is suitable for sharing and that if the Video is not deemed suitable, to notify M3MEDIA at the time of final review. M3MEDIA will make the requested changes and reproduce the final video within 5 business days. Any additional requested changes made after final review will be subject to additional fees.
- M3MEDIA may use the Finished Product and/or the Raw Images for any use on its website, their offices, in printed media, and for any other promotional, advertising, marketing, or public relations activities or efforts by M3MEDIA without limitation or restriction.
- Client will indemnify and defend M3MEDIA against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Finished Product furnished by Client. It is the Client’s responsibility to obtain the necessary model or property releases and ensure they are in full effect and in force.
- This Agreement governs the relationship between the parties and in no event shall any e-mail communication or other exchange, amend or otherwise modify the terms of this Agreement.