Contract for Services
This agreement is made effective as of ____________, 20___, by and
between ________________________________________ of _____________________________________ (FIRM) and __________________________________ of HDV Legal, a division of Hi-Def Videography (VIDEOGRAPHER).
In this Agreement, the party who is contracting to receive services shall be referred to as the "FIRM", and the party who will be providing the services shall be referred to as the "VIDEOGRAPHER ".
The VIDEOGRAPHER has a background in the video taping of legal video documents including depositions. The VIDEOGRAPHER is a member in good standing in the American Guild of Court Videographers and is willing to provide services to the FIRM based on this background.
FIRM desires to have services provided by the VIDEOGRAPHER.
Therefore the parties agree as follows:
1. Description of Services
Beginning on ___________________, 20___, VIDEOGRAPHER shall provide the following services {collectively the "Services" }: Videotape the witness[es] at the time and location specified by the FIRM using professional equipment and providing the FIRM with the original tape from which the VIDEOGRAPHER will be able to edit to the FIRM's requirements should they so desire. The finished recording media product can be VHS, CD (MPEG-1), DVD (MPEG-1 or MPEG-2), mini-DV, or other recording media formats arranged for in advance. The FIRM’s specific original recording will be in the ____________ format(s).
2. Payment
FIRM shall pay a minimum fee of $_____ to the VIDEOGRAPHER based on $______ per hour for the initial three hours per day and $_______ per hour for each additional hour of taping during the same day, or on a flat one half day rate of $_______ or the full day rate of $_______. Depending upon the type of legal video the VIDEOGRAPHER is required to prepare, the fees will be paid in payments as _____ % at signing in contract, ________ % during the preparation of the product and payment in full upon completion. If fees are paid in a lump sum upon completion of services performed in accordance with this Agreement they shall be paid in not less than 30 days from completion of the production or upon the FIRM receiving the originals, which ever comes first. Upon termination of this Agreement, payments under this paragraph shall cease; provided, however, that the VIDEOGRAPHER shall be entitled to payments for periods or partial periods that occurred prior to the date of termination and for which the VIDEOGRAPHER has not yet been paid. The fee shall be C.O.D. same day, upon delivery of the original desired media to the FIRM.
3. Expense Reimbursement
The VIDEOGRAPHER shall be entitled to reimbursement from the FIRM for the following "out-of-pocket" expenses:
• Travel expenses outside of service area
• Meal expense outside of service area
• Postage
• Duplications
• Additional media
• Studio editing time at a rate of $________ per hour
4. Terms and Conditions
This Agreement shall automatically terminate upon completion by VIDEOGRAPHER of the services required by this Agreement.
5. Relationship of Parties
It is understood by the parties that the VIDEOGRAPHER is an independent contractor with respect to the FIRM, and not an employee of the FIRM. The FIRM will not provide fringe benefits, including health insurance benefits, paid vacation or other employee benefits, for the benefit of the VIDEOGRAPHER.
6. Injuries
The VIDEOGRAPHER acknowledges VIDEOGRAPHER's obligation to obtain appropriate insurance coverage for the benefit of the VIDEOGRAPHER [and VIDEOGRAPHER's employees, if any ]. VIDEOGRAPHER waives any right to recovery from the FIRM for any injury that the VIDEOGRAPHER [and VIDEOGRAPHER's employees] may sustain while performing services under this Agreement and that are a result of the negligence of the VIDEOGRAPHER or the VIDEOGRAPHER's agents.
7. Indemnification
VIDEOGRAPHER agrees to indemnify and hold the FIRM harmless from all claims, losses, fees including attorney fees ,costs, and judgements that may be asserted against the FIRM that result from the acts or omissions of the VIDEOGRAPHER, VIDEOGRAPHER's employees, if any, and VIDEOGRAPHER's agents.
8. Assignment
VIDEOGRAPHER's obligation under this Agreement may not be assigned or transferred to any other person, firm or corporation without the prior written consent of the FIRM.
9. Confidentiality
VIDEOGRAPHER recognizes that the FIRM has and will have the following information:
• business affairs,
• process information,
• technical information,
• client information,
and other proprietary information [collectively, "Information"] which are valuable, special and unique assets of the FIRM. VIDEOGRAPHER agrees that the VIDEOGRAPHER will not at any time or in any manner, either directly or indirectly, use any Information recorded under oath for VIDEOGRAPHER's own benefit, or divulge, disclose or communicate in any manner any Information to any third party without the prior written consent of the FIRM. VIDEOGRAPHER will protect the Information and treat it as strictly confidential. A violation of this paragraph shall be a material violation of this agreement.
10. Unauthorized Disclosure Of Information
If it appears that the VIDEOGRAPHER has disclosed [or has threatened to disclose] Information in violation of this Agreement, the FIRM shall be entitled to an injunction to restrain VIDEOGRAPHER from disclosing, in whole or in part, such Information, or from providing any services to any party to whom such Information has been disclosed or may be disclosed. The FIRM shall not be prohibited from pursuing other remedies, including a claim for losses or damages.
11. Confidentiality After Termination
The confidentiality provisions of this Agreement shall remain in full force and effect after the termination of this Agreement.
12. Services To Third Parties
The VIDEOGRAPHER shall not provide any services to any other party of this deposition or law suit during the term of this Agreement, unless the VIDEOGRAPHER has obtained the FIRM's prior written consent.
13. Limit of VIDEOGRAPHER's Liability
VIDEOGRAPHER shall not be liable for damages, beyond the hourly fees being charged, for damaged or otherwise unacceptible video caused by circumstances beyond the VIDEOGRAPHER's control, including equipment and/or recording media failure.
14. Company Policies
In order to best serve the FIRM, the VIDEOGRAPHER will need to gather as much information as possible. The VIDEOGRAPHER will be available to meet with the FIRM, if possible, but can certainly be briefed via telephone, email and/or fax. VIDEOGRAPHER forms have been designed to organize the FIRM’s case history in a logical fashion and help in planning the project.
Should the FIRM’s case go to court, even to a Federal level, VIDEOGRAPHER will have the FIRM prepared. VIDEOGRAPHER utilizes AGCV Certified Legal VIDEOGRAPHERs who were thoroughly trained to produce legal video which will comply with the Federal Rules of Procedure and the Federal Rules of Evidence. The VIDEOGRAPHER will remain on the record until both sides agree to go off.
When the FIRM’s deposition is completed and evidence has been properly labeled, sealed and a "Certificate of Authenticity" is enclosed, the VIDEOGRAPHER will delivery the FIRM’s original/duplicate recording media along with an "Objection & Colloquy Log". The FIRM will be required to sign and return a "Receipt for Official Video Document" to the VIDEOGRAPHER.
The VIDEOGRAPHER is an independent video production FIRM. This is important when it comes to being a “disinterested third party” videographer. The VIDEOGRAPHER can impartially record the FIRM’s deposition to satisfy the Federal and State Rules of Civil Procedure.
a. Liability
VIDEOGRAPHER shall not be liable for damages, beyond the hourly fee being charged, for damaged or otherwise unacceptable video caused by circumstances beyond their control, including, but not limited to, equipment and/or recording media failure. VIDEOGRAPHER is not responsible for acts of nature or acts of God. VIDEOGRAPHER will not assume responsibility nor make any guarantees as to the results or outcome of the contracted project.
b. Service Areas
VIDEOGRAPHER serves primarily southeast Alabama, southwest Georgia and the Florida panhandle region, but is available for travel outside of this area with an appropriate fee schedule and/or out-of-pocket expenses.
c. Scheduling
Once VIDEOGRAPHER has reviewed the FIRM’s information and finalized the goals, VIDEOGRAPHER will require a deposit to begin scheduling. VIDEOGRAPHER fees are based on a minimum that includes two hours on location, plus one hour for equipment set-up. Additional time is billed hourly. Please refer to the paragraphs below with regard to early access, cancellations, delays, no-shows and overtime and delivery.
As noted below, VIDEOGRAPHER understands that although some of our clients take contingency cases, our business requires payment in full for the products/services provided. Our terms are generally C.O.D., unless other arrangements have been made in advance of the arrival of the VIDEOGRAPHER at the location requested by the FIRM.
VIDEOGRAPHER hours for standard rates are Monday through Friday from 8:00 a.m. to 5:00 p.m., with recognized state and federal holidays excluded. If the FIRM requires assistance on a holiday, consult with VIDEOGRAPHER at least two weeks in advance.
d. Booking
While VIDEOGRAPHER understands that some of our clients take contingency cases, our business requires payment in full for the products/services provided. Our terms are C.O.D., unless arrangements have been made in advance of arrival at the FIRM’s location. Please refer to our contract for other details on this topic.
e. Early Access to Facility
For video depositions and in other instances, VIDEOGRAPHER will arrive one hour early. It is imperative that VIDEOGRAPHER have access to the site for parking, unloading, equipment set-up and testing prior to the start of the deposition or other service contracted. Time is needed to identify and attempt to correct any problems or obstacles prior to the start of the recording. Early access and set-up time is included in the minimum charges for the VIDEOGRAPHER.
f. Delivery & Shipment
VIDEOGRAPHER provides free local delivery within Houston County, Alabama. VIDEOGRAPHER uses Federal Express services for all deliveries outside of this area. VIDEOGRAPHER product is accompanied with an official “Receipt For A Video Document” that is required to be signed upon acceptance. Fully documenting the chain of evidence is vital. Once VIDEOGRAPHER delivers our product to the FIRM, VIDEOGRAPHER can no longer verify authenticity and therefore strongly recommends safeguarding the FIRM’s video document with an appropriate documentation trail. Shipment to the FIRM or any other parties, will be within 10 (ten) normal business days of each resepective day's deposition. If shipment is required prior to ten (10) business days, FIRM agrees to an expedited charge of a 25% premium for shipment between six to nine (6-9) business days; a 50% premium for shipment between three to five (3-5) business days, and a 100% premium for shipment of less than three (3) business days. The premium charge applies to all the necessary services rendered by the VIDEOGRAPHER, upon their arrival back at their establishment in order to meet the required shipment date, up to and including the acquisition of any special equipment, software, hardware, or any devices or services needed to meet the special shipment requirements of the FIRM.
g. Cancellations & No Shows
The VIDEOGRAPHER does not charge for cancellations or no shows, unless travel or out of pocket expenses are involved.
h. Stand By
The VIDEOGRAPHER does not charge for stand by, unless travel or out of pocket expenses are involved.
i. Delayed Session
Any work that starts later than the scheduled time is referred to as a “delayed session”, and billing applies to the scheduled time, including set-up, regardless of how late the session begins.
j. Terms
All services will require a "Contract for Services" signed prior to work commencing. Billing for law firms and court reporters that are regular clients of VIDEOGRAPHER will be payment in full within 30 days. All other payments will be C.O.D., unless other arrangements have been made in advance.
k. Overtime
Weekends are automatic overtime. Also, whenever the work goes beyond eight hours or 5:00 p.m., whichever comes first, this will be considered overtime. Overtime is calculated at 1.5 times the standard rate and is applied in hourly increments. Fifteen (15) minutes after the hour constitutes the next hour.
l. Travel Outside Local Area
If travel outside the city limits of Dothan, AL is necessary, the FIRM will be charged mileage (current IRS rate) and a driver hourly rate ($______). Any related expenses for hotel, meals and airfare will be charged to the FIRM as out-of-pocket expenses.
m. "Out-of-Pocket" Expenses
All out of pocket expenses will be charged to the FIRM.
n. Shipping
All shipping costs will be charged to the FIRM.
15. Return Of Records
Upon termination of this Agreement, the VIDEOGRAPHER shall destroy/return all records, notes, data, memorandum, models, and equipment of any nature that are in the VIDEOGRAPHER's posession or under VIDEOGRAPHER's control and that are the FIRM's property or relate to FIRM's business. It is understood that the VIDEOGRAPHER retains the copyright of any and all products produced by VIDEOGRAPHER unless specifically assigned in writing to the FIRM.
16. Notices
All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, the United Parcel Service, DHL, Federal Express, postage prepaid, addressed as follows :
VIDEOGRAPHER:
Attn:
FIRM:
Address:
Such address may be changed from time to time by either party by providing written notice to the other in the manner set forth above.
17 Expert Witness
As an independent, certified, profesional legal videographer, the VIDEOGRAPHER is available to render services in an expert witness category to the FIRM. Services in this capacity are outside the terms of this agreement and are subject to separate negotiations between the VIDEOGRAPHER and the FIRM.
18. Entire Agreement
This agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
19. Amendment
This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties.
20. Severability
If any provision in this Agreement 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 Agreement is invalid or unenforceable, but 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.
21. Waiver of Contractual Right
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
22. Applicable Law
This Agreement shall be governed by the laws of the state of ___________________.
Dated this ____________ day of _________________,20___ .
For the FIRM: ____________________________________
VIDEOGRAPHER: ___________________________________