Video Mastery LLC - Terms & Conditions of Business
These terms and conditions form part of the contract between you (hereinafter referred to as “Client”) and Video Mastery, LLC (hereafter referred to as “Video Mastery”), and apply to all contracts between the parties. These terms and conditions constitute additional provisions of, and guides to interpretation of the Quote. In the event of a conflict between these terms and conditions hereof and the Quote, the terms of the Quote shall prevail.
The issuance of a purchase order and/or payment by Client, as set forth below, shall be evidence of acceptance of this agreement on the Term and Conditions contained herein. Client is desirous of entering into this Agreement on the Terms and Conditions contained herein for the purpose of receiving video production training or having a film/video production produced (hereafter called "Services") for Client. Video Mastery, as a provider of training services and a producer of film/video productions, is desirous of providing these Services for Client.
NOW, THEREFORE, in consideration of the promises and the mutual covenants of the parties hereto, it is hereby agreed
1. Video Mastery agrees to provide the necessary equipment, services and materials to complete the Services at the prices as set forth in the Quaote
2. Payment: Client agrees to pay Video Mastery the amount of money as prescribed in the cost summary under Total on the Quote. Unless otherwise agreed to in
3. Changes,Additions, Deletions: If Client requests any changes, revisions or additions which would increase any of the budgeted amounts shown in the Quote, Video Mastery is not required to make any such changes, revisions, or additions until Client has agreed to the additional amount to be paid for the changes,
4. Termination of Agreement: This agreement may be terminated by the mutual written signed consent of both parties hereto. Upon termination Video Mastery shall stop work and shall be paid for all work done to date per the amounts shown in the Quote and any changes thereto plus the total production fee as set forth in the Quote. Such amount, plus interest as applicable, shall be paid to Video Mastery within ten (10) days after the date of termination.
5. Indemnification: Client shall defend, indemnify and hold harmless Video Mastery from any claims or lawsuits that may arise from Video Mastery’s provision of the Services for any and all items outside Video Mastery’s care, custody and control while on Client’s premises or involving Client’s personnel.
6. Force Majeure: If the performance of Video Mastery is interrupted or delayed by any occurrence not occasioned by the conduct of Video Mastery, whether that occurrence is (but not limited to) an act of God or public enemy, caused by war, riot, storm, inclement weather, talent illness or inabilities, labor disputes or strikes, earthquake, fire, flood, accidents, hurricanes, theft, sabotage, the acts of anyone not party to this agreement or any other condition or calamity that may present itself that would delay or prevent the production process beyond the control of Video Mastery, then Video Mastery shall be excused from performance for whatever period of time after the occurrence is reasonably necessary to remedy, overcome or outlast the effects of that occurrence.
7. Insurance: Video Mastery will provide liability insurance for any and all items under its care, custody and control with the exception that Client shall be responsible for the insurance of all items provided by Client including but not limited to equipment, products, props, locations and talent.
8. Independent Contractor: This agreement does not create a relationship of employer/employee, joint venture or partnership by and between the parties hereto. Video Mastery is an independent contractor bound to perform the duties as required by the terms and conditions of this agreement.
9. Jurisdictional: This agreement shall be interpreted and construed in accordance with the laws of the State of California. Jurisdiction for any cause of action that has to do with any term or condition of this agreement shall be filed within the State of California, whether in a state of federal court.
10. Entire Agreement: This agreement contains any and all prior oral and written agreements, understandings, representations, covenants and warranties in regard to the Services. This agreement may not be changed, modified or altered except by a writing signed by the parties hereto.
11. Attorney's Fees: If either party hereto must retain the services of any attorneys to enforce any term, condition or covenant of this agreement or must file a cause of action for enforcement or collection thereof, the prevailing party shall be entitled to active attorneys' fees, and its costs and disbursements, to prosecute said action.