Drafting a Professional Videographer Contract

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

Creating a videographer contract is an essential part of the job for any professional videographer. Not only does it help to protect the rights and responsibilities of both parties, but also allows for a clear understanding of what is expected and agreed to in order for a project to be completed in a timely manner. This legally binding agreement helps to avoid costly disputes and any unexpected delays due to misunderstandings.

A well-crafted contract sets out the scope of services offered by the videographer, their fees and payment terms, as well as other important details that should be made clear between both parties. It also establishes a timeline for when the project should begin, when it should be finished, and when fees are due. In addition, having a contract can ensure that the videographer is compensated appropriately for their work as originally agreed upon and that copyright rules are respected with regards to footage created during collaboration.

Finally, a professional videographer’s contracts should also consider any potential risks associated with their work such as physical risks or legal issues that could arise from use or distribution of footage taken during the course of filming. To this end they must take all necessary steps to ensure safety standards are met both on-location and off-site in accordance with industry laws and regulations.

At Genie AI we understand how important creating a high quality videographer contract is which is why we’ve established our open source legal template library - giving access to millions of datapoints teaching what market-standard contracts look like - so anyone can draft customized documents without paying legal fees. Our team provides step-by-step guidance on how best to create your own agreement as well as free access templates meaning you don’t even need an account with us! Read on below for more information about our template library today – getting started couldn’t be simpler!

Definitions (feel free to skip)

Researching - Investigating and gathering information on a particular subject.
Terminology - Words or phrases that are specific to a certain topic.
Deliverables - Products or services that are provided.
Timeline - A sequence of events that are expected to occur in a given order.
Penalties - Consequences or punishments for not following the rules.
Rights - Privileges that are granted.
Responsibilities - Duties or obligations.
Permits - Official permission granted to do something.
Licenses - Official authorization to do something.
Terminate - To end or cancel something.
Finalize - To bring something to an end or completion.

Contents

• Introduction to Videographer Contract Drafting
• Researching state and local laws related to videographer contracts
• Familiarizing yourself with the terminology used in videographer contracts
• Establishing the Scope of the Contract
• Identifying all services and deliverables that the videographer will provide
• Specifying any additional services the videographer may provide
• Defining the timeline and deadlines for the services provided
• Determining the Payment Terms
• Agreeing on an hourly rate or flat fee for the services provided
• Establishing a payment schedule
• Establishing any additional fees or penalties
• Outlining Rights and Responsibilities
• Defining the videographer’s rights to use the footage
• Establishing the videographer’s right to be credited
• Defining the client’s rights to the footage
• Specifying any additional rights or responsibilities
• Establishing the Term of the Contract
• Setting the start and end dates for the contract
• Identifying any conditions that could extend the contract
• Establishing the Termination Provisions
• Specifying the conditions under which the contract can be terminated
• Writing the Contract
• Drafting the contract language
• Incorporating any applicable state or local laws
• Reviewing the contract for accuracy and completeness
• Finalizing the Contract
• Ensuring that all parties are in agreement on the terms of the contract
• Signing and dating the contract
• Making copies of the contract for all parties
• Filing the Contract
• Filing the contract with the appropriate state or local authorities
• Keeping Records
• Keeping a copy of the contract for future reference

Get started

Introduction to Videographer Contract Drafting

• Become familiar with the business and legal terms related to videographer contracts
• Understand the parties involved in the contract
• Identify any potential legal issues that could arise during the drafting process
• Research legal precedence and case law related to videographer contracts
• Understand the applicable state and local laws related to videographer contracts

You will know you have completed this step when you have a good understanding of the business and legal terms related to videographer contracts, the parties involved in the contract, any potential legal issues that could arise during the contract drafting process, and the applicable state and local laws related to videographer contracts.

Researching state and local laws related to videographer contracts

• Check your state and local laws for any specific regulations related to videographer contracts
• Make sure to read the fine print of any regulations you find to ensure you understand the requirements
• Make a list of any regulations you need to follow when drafting your videographer contract
• When you have a list of the relevant regulations, you can proceed with drafting the contract, knowing that you have considered all relevant laws and regulations
• Once you have checked off this step, you can move on to familiarizing yourself with the terminology used in videographer contracts.

Familiarizing yourself with the terminology used in videographer contracts

• Understand the different types of videography contracts, such as service agreements, work-for-hire agreements, and release forms
• Learn the common phrases and language used in videography contracts, such as “owner of the work” and “irrevocable rights”
• Research terms related to copyright, liability, and indemnification
• Understand the differences between exclusive and non-exclusive rights

Once you have familiarized yourself with the terminology used in videographer contracts, you can move on to the next step of establishing the scope of the contract.

Establishing the Scope of the Contract

• Create a list of services and deliverables that need to be included in the contract
• Research the industry standard services and deliverables for videographers
• Identify any specific services and deliverables that the videographer will provide for this project
• Outline the timeline for the project and include any milestone dates
• Discuss the number of revisions allowed and the timeline for revisions
• Agree on the rights and ownership of the footage
• Establish a penalty fee in case of a breach of contract
• When the scope of the contract has been established, review and make sure all the requirements are met.

Identifying all services and deliverables that the videographer will provide

• Make a list of all services and deliverables that the videographer will provide
• This list should include the type of video, number of hours and/or days to be filmed, any editing or post-production work, and the type of equipment to be used
• Ensure that the list is detailed and specific, so that both parties can agree to the services and deliverables in the contract
• When all services and deliverables have been identified and agreed upon, the next step can be completed.

Specifying any additional services the videographer may provide

• Clarify if the videographer will be providing any additional services such as travel expenses, staging, editing, and/or sound design
• Determine if the videographer will be providing any equipment or software for the job
• Discuss the possibility of providing any additional services such as additional filming or videography
• Note any additional services and their costs to be included in the contract
• Include any additional services or costs in the contract that both parties agree on
• When all additional services and costs have been discussed and agreed upon, it’s time to check this step off your list and move on to the next step.

Defining the timeline and deadlines for the services provided

• Agree on a start and end date for the services to be provided by the videographer
• Define the amount of time the videographer can work each day
• Set a delivery date for the final product
• Establish the deadlines for any additional materials or services requested
• Discuss any potential alterations to the timeline and how that will effect the cost of services
• Sign and date the contract when both parties agree on the timeline and deadlines
• When both parties have signed and dated the contract, you can move on to the next step, determining payment terms.

Determining the Payment Terms

• Establish the payment terms for the project, including the payment amount, payment schedule, and payment methods.
• If a payment plan is desired, make sure that the payment schedule, deadlines, and consequences for late payments are clearly outlined in the contract.
• Consider including a clause for additional fees that may be incurred due to changes or delays in the project.
• Include a clause in the contract that outlines what happens if either party breaches the contract terms.
• Make sure that the contract includes a clause that states that the final payment is due upon completion of the project.

You will know you have completed this step when you have determined and agreed upon the payment terms with the videographer and included them in the contract.

Agreeing on an hourly rate or flat fee for the services provided

• Discuss what type of rate or fee is most suitable for the project with the videographer
• Consider the scope of the project and how much time it may take to complete
• Determine if the rate or fee should be an hourly rate or a flat fee based on the scope of the project
• Agree on a rate or fee with the videographer and document it in the videographer contract
• When you and the videographer have agreed on a rate or fee, you can check this off your list and move on to the next step of establishing a payment schedule.

Establishing a payment schedule

• Decide on payment schedule (e.g. half up front, half at completion, all up front, etc.)
• Agree on a payment method (e.g. cash, check, credit card, PayPal, etc.)
• Make sure to include when payment is due and any late fees that may apply
• Ensure that all payment terms are outlined clearly in the contract

You can check off this step when you have agreed on a payment schedule and payment method, and have outlined the payment terms in the contract.

Establishing any additional fees or penalties

• Consider whether or not any additional fees or penalties should be included in the contract and what those should be
• If applicable, specify any additional fees or penalties related to revisions, late payments, or cancellations
• Make sure to clearly communicate the additional fees or penalties in the contract
• Once you’ve included the additional fees and penalties in the contract, you can check this step off your list and move on to outlining rights and responsibilities.

Outlining Rights and Responsibilities

• Establish the scope of work and what the videographer will be responsible for
• Determine the number of hours the videographer will be expected to work
• Include any additional tasks the videographer may need to do, such as provide their own equipment, do their own editing, or travel
• Outline the payment process, including when the videographer will be compensated, how much, and in what form
• Specify any additional fees or penalties that the videographer may be responsible for

When you have outlined all rights and responsibilities, you can move on to the next step.

Defining the videographer’s rights to use the footage

• Describe how the videographer can use the footage (e.g., for promotional purposes, in a portfolio, etc.)
• Decide who owns the footage and the copyright
• Determine if the videographer is allowed to license the footage to third parties
• Define if the videographer can make alterations to the footage
• Set the timeframe in which the videographer can use the footage

When you have outlined all the rights the videographer has to use the footage, you can move on to the next step in drafting a professional videographer contract: Establishing the videographer’s right to be credited.

Establishing the videographer’s right to be credited

• List the name of the videographer in all credits associated with the footage, including titles, credits and end credits
• Include the phrase, ““filmed by [videographer’s name]”” in the credits
• Specify if the videographer’s name is to be displayed with their professional title
• Ensure that the videographer’s name is displayed with the same prominence as the other contributors
• Agree on any other requirements for display of the videographer’s name

Once all the items above have been agreed upon and included in the contract, you can move on to the next step of defining the client’s rights to the footage.

Defining the client’s rights to the footage

• Outline what rights the client has to the footage, such as the ability to use it for any purpose, or only for certain purposes
• Note any restrictions on the footage, such as whether the client can edit or modify the footage
• Specify if the client will receive the raw footage or just a finished product
• Include provisions for any copyrighted material that may be included in the footage
• When the client’s rights to the footage have been clearly outlined, you can check this off your list and move on to the next step.

Specifying any additional rights or responsibilities

• List any additional rights or responsibilities that apply to the videographer and the client
• Namely, the client may have the right to use the footage in a certain way and the videographer might have the responsibility to back up the footage
• If the client wants to use the footage for commercial use, make sure to indicate it specifically in the contract
• The client may also want an exclusive right to the footage, meaning the videographer cannot use it for any other project
• The videographer may want to specify in the contract that the client cannot alter the footage in any way
• Make sure that each party has the same understanding of the additional rights and responsibilities by including them in the contract

You will know that you can check this off your list and move on to the next step when you have included all of the additional rights and responsibilities that apply to the videographer and the client in the contract.

Establishing the Term of the Contract

• Determine whether the contract should be for a one-time job or an ongoing job
• If it is for a one-time job, specify what services are to be provided
• If it is for an ongoing job, specify the duration of the engagement
• Include any renewal terms, such as the length of the renewal period and the rate at which the rate can be adjusted
• Decide if the contract should be seasonal or if it should be open-ended
• When all the terms of the contract have been agreed upon, it is time to move on to the next step of setting the start and end dates for the contract.

Setting the start and end dates for the contract

• Identify the date the professional videographer will begin work and the date the work will be completed
• Take into consideration the scope of the project and the amount of time needed to complete the work
• Include these dates in the contract
• Have both parties sign the contract confirming the start and end dates
• Once the start and end dates have been established and agreed upon, this step can be checked off the list and the next step can be started

Identifying any conditions that could extend the contract

• Identify any conditions that could extend the contract beyond the original start and end dates.
• Examples of conditions that could extend the contract include changes to the scope of work, additional services requested, or delays in completion of work due to unforeseen circumstances.
• Consider if the scope of work or additional services requested would require additional payment or an amendment to the contract.
• Note any conditions for extending the contract in the document.
• When all conditions for extending the contract have been identified, you can move on to the next step.

Establishing the Termination Provisions

• Consult with your client to determine the length of the contract and any conditions that could extend it
• Include a clause outlining the terms of termination, including how much notice is required to terminate the contract
• Set out any financial obligations that are required to terminate the contract
• Decide whether or not the contract can be terminated without cause
• Determine if either party can terminate the contract with cause
• Include any relevant legal and/or financial terms pertaining to the termination of the contract

Once these termination provisions are established and agreed to by both parties, you can move on to the next step.

Specifying the conditions under which the contract can be terminated

• Explain in detail the conditions that will result in the termination of the contract
• Include a section on the consequences of contract termination
• Set out the notice periods for both parties in the event of termination
• Outline the payment terms in the event of termination
• Once you have outlined the conditions for termination and the associated consequences, you can check this step off your list and move on to the next step of writing the contract.

Writing the Contract

• Ensure that the contract clearly states the services being provided, including the type of video and editing that will be done
• Outline the cost, timeline, and payment terms for the services being provided
• Note any additional services that may be requested and how they will be charged
• Include a clause outlining the rights both parties have with regard to the video
• Add a clause regarding the ownership of the video and any intellectual property rights associated with it
• Outline the confidentiality requirements for any confidential information shared with the videographer
• When you have all of the above included in the contract, it is ready to be drafted into legal language.

How you’ll know when you can check this off your list and move on to the next step: Once all of the above elements are included in the contract and the language is drafted, you can proceed to the next step.

Drafting the contract language

• Decide on the terms and conditions, payment, and other details that need to be included in the contract
• Create a draft of the contract, ensuring all necessary information is included
• Review the contract with all parties involved and make necessary changes
• Have all parties involved sign the contract
• You will know you have completed this step when all parties have signed the contract, and it is legally binding.

Incorporating any applicable state or local laws

• Familiarize yourself with relevant laws in your jurisdiction regarding videography contracts.
• Research the types of contract clauses that may be necessary for legal protection, such as a “governing law” clause and an “arbitration” clause.
• Seek legal advice when needed to ensure you are legally protected.
• Contact a lawyer if necessary to draft the contract language.
• When you have incorporated all applicable state and local laws into the contract, you can move on to the next step.

Reviewing the contract for accuracy and completeness

• Read through the contract carefully to ensure all requested information, such as the parties involved, duties, payment, and timeline, is included
• Check for any typos or errors in the contract
• Make any necessary changes and ensure the agreement is in compliance with any applicable state or local laws
• Have a legal representative review the contract, if necessary
• Once everything is accurate and all parties involved are in agreement, the contract is ready to be finalized.

Finalizing the Contract

• Collect digital signatures from all parties involved
• Ensure that all involved parties have received a copy of the contract, either electronically or printed
• Check that all participants have read and understood the terms and conditions of the contract
• Once all parties have signed the contract, it is considered legally binding and enforceable
• Check that all contact information is current and accurate, in case of any future disputes
• You will know the contract is finalized when all parties have digitally signed the document and you have received confirmation.

Ensuring that all parties are in agreement on the terms of the contract

• Outline the terms of the contract and discuss them with the videographer, ensuring that both parties are in agreement
• Clarify any points of confusion to avoid any issues in the future
• Make sure that any changes to the terms of the agreement are documented, signed and dated by both parties
• Once both parties have agreed to the terms of the contract, you can move on to signing and dating the contract to finalize the agreement

Signing and dating the contract

• Have each party carefully read through the contract and sign and date it.
• Make sure that all sections and information included in the contract are correct and accurate.
• Once everyone has signed and dated the contract, you can check this off your list and move on to the next step.

Making copies of the contract for all parties

• Make enough copies of the contract so that all parties involved have a copy.
• Have each party sign and date the contract.
• Keep a copy for yourself for your records.
• Once all parties have signed and dated the contract, you can check this step off your list and move on to filing the contract.

Filing the Contract

• Determine what state or local authority should receive a copy of the contract
• Fill out the necessary paperwork to file the contract with the appropriate state or local authority
• Submit the paperwork and pay any associated filing fees
• Receive and keep a copy of the filed contract for future reference
• Check off this step when the contract is successfully filed with the appropriate state or local authority

Filing the contract with the appropriate state or local authorities

• Find out which authority is responsible for registering contracts in your area. This is often the local or state court of record.
• Make sure to have the contract notarized before filing.
• Bring two copies of the contract, along with the filing fee, to the court in person.
• Have a court clerk file the contract and return one copy to you with a stamped seal.

You will know that you have completed this step when you have the one copy of the contract with the stamped seal from the court.

Keeping Records

• Make two copies of the contract, one for each party.
• Both parties should sign and date the contract.
• Make sure to keep the original signed contract in a safe place.
• Scan and electronically store a copy of the contract for future reference.
• Make sure to keep track of any payments made related to the contract.
• When all steps are completed, the contract is considered finalized.

Keeping a copy of the contract for future reference

• Make at least two physical copies of the contract and keep one for yourself
• Make sure that the videographer and client each sign the contract and keep their copies
• Store an electronic version of the contract in a secure and backed-up location
• You will know that you are done with this step when you have all the copies of the contract with signatures from both parties.

FAQ:

Q: What are the key elements to consider when drafting a professional videographer contract?

Asked by Luke on January 2nd, 2022.
A: There are several key elements to consider when drafting a professional videographer contract. This includes the scope of the services, payment terms, copyrights and permissions, insurance, confidentiality, and termination or breach of contract. It is important to ensure that all of these elements are properly addressed and that the contract is legally binding in the applicable jurisdiction.

Q: How can I ensure that I have protection for my intellectual property rights?

Asked by Emma on April 22nd, 2022.
A: It is important to include language in your videographer contract that clearly outlines your rights to the intellectual property created from the videography services. This ensures that you retain ownership of any material produced and that you are not liable for any infringements of another’s intellectual property rights. Additionally, it is important to include language indicating that you have permission to use any third-party material used in the production.

Q: What types of insurance should be included in a professional videographer contract?

Asked by Olivia on June 11th, 2022.
A: In order to protect both parties involved in a professional videographer contract, it is important to include language outlining the types of insurance and coverage required by both parties. This typically includes liability insurance, production insurance, and rental or equipment insurance. Additionally, it is important to determine who will be responsible for obtaining these policies and who will be responsible for paying any premiums associated with them.

Q: What types of restrictions should I include when hiring a professional videographer?

Asked by Noah on August 9th, 2022.
A: When hiring a professional videographer, it is important to consider any restrictions you may want to include in the contract such as timeframes for completion of projects or limits on how the footage can be used. Additionally, it is important to include language detailing your expectations regarding the quality of work produced as well as any additional services you may require such as editing or post-production work.

Q: How can I ensure compliance with UK and EU laws when drafting a videographer contract?

Asked by Ava on October 5th, 2022.
A: When drafting a videographer contract for use in the UK or EU, it is important to familiarize yourself with applicable laws and regulations in order to ensure compliance with local laws. This includes understanding what terms must be included in a legally binding contract as well as any additional restrictions or requirements that may apply depending on the jurisdiction. Additionally, it is important to review any applicable consumer protection laws or data protection laws which may apply in order to protect both parties involved in the agreement.

Q: Is there anything else I should consider when crafting a professional videographer contract?

Asked by William on December 3rd, 2022.
A: In addition to understanding applicable laws and regulations and including appropriate restrictions and insurance provisions in your professional videographer contract, it is important to also consider other elements such as dispute resolution clauses or indemnification clauses which may help protect both parties involved should a dispute arise related to the agreement. Additionally, if you intend for the agreement to be valid for an extended period of time, it is important to consider including language which allows either party to terminate the agreement under certain circumstances or upon certain conditions being met.

Example dispute

Suing for Breach of Videographer Contract

• Plaintiff must prove that there was a valid and enforceable contract between the parties, that the defendant breached the contract by not providing the videography services as specified in the contract, and that the plaintiff suffered damages as a result.
• Breach of contract claims may include claims for specific performance, breach of warranty, money damages, or any combination of those remedies.
• Plaintiff can seek money damages for breach of contract if the party failed to perform their duties for the agreed upon fee.
• The amount of the damages sought must be reasonable in light of the contract and the expected performance.
• Plaintiff may be able to obtain an injunction ordering the defendant to perform their obligations under the contract or to pay the plaintiff a specified sum of money as compensation for the breach.
• If the court finds that the defendant has breached the contract, they may award the plaintiff any losses suffered as a result of the breach. This may include lost profits, attorney’s fees, and court costs.
• The court may also award punitive damages if it finds that the defendant’s breach was willful or malicious.
• The court may also order the parties to enter into a new contract or modify the existing contract.

Templates available (free to use)

Videographer Contract

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