Flawless Video Creations - Toronto Video Production Services, Toronto TV Production and Video Production Company

TERMS OF SERVICE AGREEMENT

This Agreement is between the Client being supplied a service and/or product; Herein referred to as Client AND www.FlawlessVideoCreations.com which is Herein referred to as Flawless Video Creations Inc. Whereas:A. Flawless Video Creations Inc. is and will be defined by the company name and address on each invoice or quote issued in accordance with work carried out and pursuant to that company and country's law. B. Client wishes to engage Flawless Video Creations Inc., on an independent contractor basis, to render and arrange for the carrying out of a video production, and/or other marketing and promotional activities listed, in accordance with work carried out and pursuant to that company and country's law.

The parties hereto agree as follows:

1. In consideration of Flawless Video Creations Inc. supplying products and services for Client, Client will hereby indemnify and hold Flawless Video Creations Inc. harmless from and against any and all claims, suits, penalties, liabilities, threats, costs and expenses (including without limitation, legal fees, costs and disbursements) incurred, expended by or suffered or threatened against Flawless Video Creations Inc. by reason of or arising out of, any claim pursuant to any contractual agreement governing the media used pursuant to this Agreement and any claim of infringement of copyright or of any claim for royalties pursuant to the Copyright Law of Canada, or any other applicable statutes or law of any other jurisdiction regulating the rights and use of the media.

2. Video Production: Video productions master copies will be either posted online or shipped to client within approximately 28 days from final day of production shoot unless otherwise specified in writing or e-mail and or delayed by extended amendments, late script approvals and / or late supply of documentation and artwork by client and / or other circumstances beyond the control of Flawless Video Creations Inc..

Video Specifications: The Video shall be produced in accordance with Flawless Video Creations Inc. promotional material, written communication and discussions between Flawless Video Creations Inc. and the Client.
Inclusion of Features: Flawless Video Creations Inc. will endeavor to, but cannot guarantee, that all the features marked in any production checklists will be included in the final standard length video production, and will advise whether additional footage will be required in order to cover all features in a standard or otherwise ordered length of video production.
Artistic and Creative License: Client agrees that Flawless Video Creations Inc. will reserve rights to decide on final artistic and creative impression and design of video presentation.
Storage of Footage / Hard Drive Space: Flawless Video Creations Inc. reserves the right to charge for storage of footage and hard drive space or cancel the project without refund of any monies, in the event that the post production project is delayed by the client beyond 30 days.

2.1 Credits: Flawless Video Creations Inc. shall reserve the right to insert or have listed a production credit in the main titles of the Video as follows:

Embedded within video production A Flawless Video Creations Inc. production
Flawless Video Creations Inc. © 200_ and Flawless Video Creations website address on every production and CD label.

3. Copyright and ownership - rights of the Parties: It is acknowledged by the Client that immediately upon creation whether or not in tangible form, Flawless Video Creations Inc. shall, unless otherwise agreed in writing, be the sole and exclusive owner in perpetuity throughout the universe of all rights, title and interest in and to:

the Video;
any and all results and proceeds of the Production Services;
any and all materials or elements rendered, provided, supplied or acquired by Flawless Video Creations Inc. for the Video; and
the copyright in and to the foregoing whenever created throughout the Universe in perpetuity.

Flawless Video Creations Inc. hereby grants to Client the perpetual right:

to use the Video for training and promotional purposes;
to post the Video on Client’s own web site;

All rights not specifically granted herein are reserved by Flawless Video Creations Inc.. All copies of the Video shall bear the copyright legend: © Flawless Video Creations Inc. 200_.

4. DVD duplication and delivery: Flawless Video Creations Inc. maintains the copyright and broadcasting rights of all visual documents unless otherwise agreed in contract. Use of visual documents is subject to the Flawless Video Creations Inc. License Agreement. Copying in whole or in part is subject to the Terms of the License agreement. In accordance with the approved quote, this agreement, the completed DVD Order Form by the Client and Client supply of logo / imagery in required high resolution format to Flawless Video Creations Inc., DVD duplication will commence:

upon receipt of all necessary art work and information
upon receipt of payment of balance of master DVD and payment in full for DVD copies

DVD copies will be shipped to the client approximately 28 days after commencement of manufacturing

5. INDEMNIFICATION: Client shall indemnify, defend, and hold harmless Flawless Video Creations Inc. (and Flawless Video Creations Inc. parent, affiliated and subsidiary entities, assignees and licensees and their respective employees, subcontractors, shareholders, officers, directors and agents) from and against any and all damages, costs, claims, losses, and expenses (including reasonable legal fees and costs) arising out of any breach by Client of any representation or warranty or obligation entered into herein.

Client will not hold Flawless Video Creations Inc. liable for any damage to, or loss of, media and materials furnished to them.
Client will not hold Flawless Video Creations Inc. liable for any damage to, or loss of, archived media and materials for future use.
Final production details and creativity shall be at the discretion of Flawless Video Creations Inc..
Flawless Video Creations Inc. makes no warranties or representations with respect to materials supplied by or mandated by Client.
Flawless Video Creations Inc. reserves the right to postpone, extend or reschedule video or photography shoots due to unfavourable weather conditions, in which circumstances accommodation for extended stays will be supplied, however the original production quote and cost will not be affected. However additional costs may be liable if Client delays or reschedules a shoot which causes the extended hiring, re-hiring of additional or alternative crew than those used on the originally planned shoot.
Flawless Video Creations Inc. is not responsible for re-shoots and / or re-edits due to subsequent property re-modelling, renovation, inclement weather or program and product changes within the same production and quote.
Client understands and agrees that Flawless Video Creations Inc. is not responsible for consequential damages (including but not limited to loss of potential employment) arising out of this agreement.

6. Returns/Refunds:

Client understands that if any media produced by Flawless Video Creations Inc. from or through the use of duplication material or labeling material is found to be defective in quality or labeled in error, Flawless Video Creations Inc. will replace or repair such defective Product and/or correct such error in labeling at it's own expense, on the condition that: 1) notice of such defect or error is reported within 10 days of delivery; 2)the defect or error did not result from a defect or error in the Media or labeling Material supplied by or on behalf of Client. If said notice is not received by Flawless Video Creations Inc. within the time period indicated above, Flawless Video Creations Inc. will be deemed to be released from any and all liability.
Client shall return any defective product to Flawless Video Creations Inc. should they request it.
Client understands that there is a 25% non refundable booking fee.
Client understands and agrees that there will be no refunds once shoot and/or production of media has begun.
Client understands and agrees that there is no guarantee to receive an exact color match on media and printed materials.

7. Payments

Deposits: The minimum deposit required for any and all Goods and Services is 25% of the estimated final cost.
Re-edits of product due to changes will incur additional charges as quoted separately by Flawless Video Creations Inc..
Client understands that there is an implied lien on all materials supplied until final payment is made.
Final Payment must be in full at the end of the shoot, in cash, debit and/or credit card only.
Client agrees to personally assume liability for payment and understand that the final cost can change from the verbal or written estimate given due to complications, additional material, length of production, re-edits, and changes made to the production and or video throughout the process in accordance to Flawless Video Creations Inc. service rates.
Client agrees to pay all collection costs, including reasonable attorney's fees, in the event that Client does not make payment in full.

8. Governing Law; Captions, Etc. This Agreement shall be governed and construed in accordance with Canadian Law.

General Terms

Flawless Video Creations Inc. reserves the right to refuse services to any client at any time throughout the process (including but not limited to clients not complying with this Agreement, General Terms and Conditions).
Before the start of your job, Flawless Video Creations Inc. must be in receipt of all required material in final form and this signed agreement. Failure to provide materials or approvals in a timely fashion will delay services and may include an additional charge.
Flawless Video Creations Inc. has permission to show your finished video for promotional use only.

By signing below I hereby state that I have full authority to act on behalf of the party (If other than myself) for which Flawless Video Creations Inc. will perform services, and I may therefore agree to these provisions on their behalf. I hereby certify that I have read the above Agreement, Terms and Conditions and agree to abide by them.