Entire Agreement *

This is the entire agreement between JVPV and CLIENT for PROJECT(S) for the year of 2021. This agreement cannot be transferred nor assigned to any third party by either the JVPV or CLIENT without written consent of both parties. CLIENT understands and agrees that JVPV may, at their discretion, choose to utilize the services of other professional freelance associates in the completion of the photography and/or videography process. It is agreed that JVPV is the exclusive photographer and/or videographer for PROJECT(S) unless otherwise discussed and agreed upon by JVPV and CLIENT.

Down Payment *

The amount due, as defined via PROJECT(S) quote(s), is the down-payment which is 50% of PROJECT(S) total amount. Upon receipt JVPV will insure that JVPV and/or selected professional associates will complete the agreed upon PROJECT(S).

Relationship Between Parties/ Role of JVPV *

JVPV is fully able to enter into and perform the obligations pursuant to this agreement and in a professional manner. JVPV agrees to work for CLIENT as a work-for-hire associate providing photography and/or videography services for PROJECT(S). Nothing in this agreement shall be construed as creating an employer-employee relationship, as a guarantee of future employment nor engagement, nor as a limitation upon the sole discretion of JVPV and/nor CLIENT to terminate this agreement at any time without cause. JVPV further agrees to be responsible for the following that belong to JVPV: Federal and State Taxes, withholding, Social Security, insurance and all other benefits. JVPV shall have no claim against CLIENT hereunder nor otherwise for but not limited to: vacation pay, sick leave, retirement benefits, Social Security, worker’s compensation, health or disability benefits, unemployment insurance benefits, nor employee benefits of any kind.

Description of Quotes and Services *

When JVPV has received details about PROJECT(S) from any of the team members and/or employees of CLIENT then, JVPV will deliver a quote via e-mail to David Pearson for approval. Once he has approved the quote for said PROJECT(S), PROJECT(S) detail(s) - including but not limited to PROJECT(S) vision, layout, look/style, delivery and/or due dates, etc. - will be discussed and determined via email between JVPV and designated team member and/or employee of CLIENT. Before proceeding with any and/or all PROJECT(S), a quote must be delivered to and approved by David Pearson. All completed PROJECT(S) will be delivered via Google Drive.

Pricing and Additions *

The general rate for PROJECT(S) is as follows: shooting and editing PROJECT(S): $300 per shooting hour; shooting only PROJECT(S): $200 per shooting hour; editing only PROJECT(S): $200 per editing hour. These rates could be subject to change due to the variation of PROJECT(S). Any additions outside of quote approved by David Pearson must submitted to and approved by him prior to adjusting PROJECT(S).

Responsibilities *

The following is the responsibility of CLIENT, not the responsibility of, nor in the control of JVPV: compromised coverage due to the conduct, lateness, interference of CLIENT, guests and/or vendors, team members and/or employees of CLIENT, weather conditions, schedule complications, incorrect addresses provided by CLIENT, rendering of decorations, nor restrictions of locations; backgrounds, lighting, nor audio conditions that may negatively impact and/or restrict the technical results of the photographs and/or films; delivery of photographs and/or films of any individuals, objects and/or events affecting the shooting of PROJECT(S) that are not specified in the details provided by CLIENT via email, acquiring all permits and necessary permission for all locations on which PROJECT(S) will take place, limitations caused by the rules and guidelines of the location(s) and site management, and/nor negotiating with the officials for moderation of guidelines. JVPV will offer technical recommendations only.

Safety *

JVPV reserves the right to terminate coverage and/or leave the shooting locations of PROJECT(S) should there be any offensive, threatening, inappropriate, and/or hostile behavior from CLIENT, guests and/or employees/team members of CLIENT at PROJECT(S) and/or if the safety of JVPV is questionable.

Limit of Liability *

In the unlikely event that the assigned photographers and/or videographers of JVPV are unable to perform to the guidelines of this contract and/or PROJECT(S) due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of JVPV, JVPV will make every effort to secure a qualified replacement. If one is not found, JVPV assumes responsibility and liability to return all payments received for PROJECT(S).

Rights of CLIENT *

In the unlikely event that the assigned photographers and/or videographers of JVPV are unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, and/or other cause beyond the control of JVPV, JVPV will make every effort to secure a qualified replacement. If one is not found, JVPV assumes responsibility and liability to return all payments received for PROJECT(S). In the unfortunate event that JVPV is unable to provide 100% of the contracted services as agreed, JVPV will reduce costs proportionately and/or offer additional services commensurate to the loss.

Indemnify *

CLIENT hereby agrees to indemnify, release, discharge, and hold harmless the JVPV, the heirs, legal representatives, independent contractors, employees, and/or any persons or corporations acting under permission, and/or authority of JVPV from and against any liability and/or claims arising as a result of any work done related to this agreement. This includes, but is not limited to: claims related to the use of the likenesses of CLIENT, guests, vendors, and/or etc. captured in the photographs and/or films; and/or any distortion, blurring and/or alteration that may occur; and/or be produced in the taking, processing and/or reproduction of the photographs and/or films. It is understood that any and all photographs and/or films, and all rights to them remain the property of JVPV. In addition, CLIENT understands that JVPV may have cords, light stands, and/or other gear at the location. CLIENT will hold JVPV harmless for any damage, personal injury, and/or loss caused by tripping over or otherwise being injured from this equipment.

Music Selection Process and Decision *

JVPV can and will only use music that which has been licensed and/or permission granted. JVPV has the creative freedom to choose the music for PROJECT(S); however, JVPV will take into the consideration the suggestions of CLIENT during the editing process. JVPV may elect to not enforce all or a portion of this policy at the discretion of JVPV.

Capture and Delivery / Post Production and Editing *

The amount due at signing, as defined in PROJECT(S) quote(s), is a down-payment which is 50% of PROJECT(S) total amount. CLIENT agrees to pay the final payment when PROJECT(S) have been delivered to CLIENT. Failure to do so could result in the following actions on the part of JVPV, immediate termination of this agreement with no further obligation, retain any prior payments from CLIENT, and/or refusal to photograph and/or film for any present and/or future PROJECT(S). Additional time and/or travel fees accumulated for PROJECT(S) must be rendered for JVPV to release any photographs and/or films for any present and/or future PROJECT(S).

Payment Schedule *

The amount due at signing, as defined in PROJECT(S) quote(s), is a down-payment which is 50% of PROJECT(S) total amount. CLIENT agrees to pay the final payment when PROJECT(S) have been delivered to CLIENT. Failure to do so could result in the following actions on the part of JVPV, immediate termination of this agreement with no further obligation, retain any prior payments from CLIENT, and/or refusal to photograph and/or film any present and/or future PROJECT(S). Additional time and/or travel fees accumulated for PROJECT(S) must be rendered for JVPV to release any photographs and/or films for any present and/or future PROJECT(S).

Failure to Complete PROJECT(S) *

Failure to complete the agreement is to neither perform photography and/nor videography services for PROJECT(S), nor deliver completed PROJECT(S) to CLIENT for any reason including, but not limited to, the loss of digital files or other media or the failure of the equipment belonging to JVPV; the photographs and/or films be of a poor quality/not within professional standards. This shall constitute a material breach of the terms of this agreement, subjecting JVPV to monetary damages as a result of the breach, including but not limited to reimbursing CLIENT the amount that was paid for PROJECT(S).

Governing Law and Jurisdiction / Dispute Resolution/ Arbitration *

The validity, construction, and enforceability of this agreement shall be governed in all respects by the laws of the State of South Carolina. If any dispute arises in connection with and/or relating to this agreement, then JVPV and CLIENT agree that the proper jurisdiction shall be the courts located in Greenville County, South Carolina and JVPV and CLIENT waive any defense of personal jurisdiction or lack of venue. Any claims arising out of this agreement shall be first submitted to a licensed neutral party in a mutually agreed upon location and on a mutually agreed upon date to make a good faith effort to resolve or settle the issue by mediation. Any dispute arising under or in any way related to this agreement shall be submitted to binding arbitration by the American Arbitration Association in accordance with the Association’s commercial rules in effect. The arbitration shall be conducted in the state of South Carolina. The arbitration shall be binding on the parties. If JVPV and CLIENT do not successfully reach an agreement, all claims or disputes more than the jurisdiction of small claims court shall be submitted to binding arbitration. JVPV and CLIENT shall select a single arbitrator, and the arbitration shall take place in Greenville County, South Carolina. The arbitrator’s decision shall be binding on JVPV and CLIENT and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The prevailing party in any arbitration, trial or other proceedings shall be awarded all filing fees, related administrative costs, and reasonable attorneys’ fees, as well as administrative and other costs of enforcing an arbitration award or judgment.

Severability *

If any part of this agreement is determined to be void, invalid, inoperative, or unenforceable by a court of competent jurisdiction, or by any other legally constituted body having jurisdiction to make such determination, such decision shall not affect any other provisions hereof and the remainder of this agreement shall be effective as though such void, invalid, inoperative or unenforceable provision had not been contained herein.

Heading and Subheadings *

The clause headings in the agreement are for reference only and do not form a part of this agreement.

Execution *

Digitally signing this agreement has the same effect as manually signing a paper original.

JVPV Signature *

Jake and Victoria Photography and Videography (By CLIENT checking the box next to "Jake and Victoria Photography and Videography", CLIENT and JVPV agree that this is the digital signature of JVPV.)