This Terms of Service Agreement (the “Agreement”) is between David Morgan trading as High Exposure, and The “Client” (collectively the “Parties”).
This Agreement sets forth the legally binding terms for the Client’s use of High Exposure’s services.
The Parties agree as follows:
High Exposure will perform the video and photographic services (the “Services”) described by the Client at the given date, time and location (collectively referred to as the “Event”) The time and date are subject to change by High Exposure for any reason including but not limited to: personal injury, illness, weather conditions, equipment failure, availability or environment suitability.
High Exposure will provide their own video and UAV related equipment necessary to perform the Services unless otherwise stated.
- OWNERSHIP, COPYRIGHT & SHARING:
The Parties agree that all work performed for the Client shall be considered as works made for hire. The Parties acknowledge and agree that the Client will not hold any intellectual property rights in the recording of the Event including, but not limited to, copyright and trademark rights. High Exposure has exclusive and complete ownership in the intellectual property inherent in the recording of the Event at any time after such recording. In addition, the Client agrees that High Exposure shall still maintain a exclusive, transferable, sub-licensable, royalty-free, worldwide license to use the video and/or audio recorded for the Service, in promotion or for other marketing purposes. The Client agrees and acknowledges that High Exposure may reasonably use the recording of the Event in their portfolio or for stock purchase. Further, High Exposure may display the Client’s name and logo on their website as a party with whom they have worked.
The Client agrees to the total amount stated in their Invoice.
Client will make a one-time payment to High Exposure for the invoiced total OR
Client shall pay High Exposure 50% of the estimated price prior to any work being started as a reservation fee. This fee is not refundable if the Client cancels within 24 hours. This fee will be credited to the final amount owed OR
Client will pay High Exposure multiple payments over a defined term.
The terms of payment will be stipulated in the invoice or estimation given to the Client.
- PRIVACY OF PROPERTY AND PERSONS:
Client warrants that they represent the owner or authority of any location or property being filmed, and have secured permission to film the selected location and/or property outlined for the Service. Client is responsible for notifying any person that shall be present at the Event, including but not limited to: Attendees and guests, the proper authorities, owners of property, government officials, agents or representatives and any other applicable parties that video and/or audio will be recorded by High Exposure. High Exposure agrees to not include the likeness, image, or identifiable features of any person, property, or logo if instructed by the Client or persons present at the Event.
- GENERAL PROVISIONS:
(a) All work shall be completed in a professional manner, and in compliance with all applicable laws.
(b) High Exposure shall not be liable for any delay due to circumstances beyond our control.
(c) High Exposure is an independent Contractor and not an employee of the Client.
(d) No modification of this Contract shall be valid unless in writing and agreed upon by both Parties. Any changes to this document must be signed by both High Exposure and the Client.
(e) Client shall indemnify and hold High Exposure harmless from all liability for loss, damage, or injury to persons or property resulting from the negligence or wilful misconduct of the Client.
(f) High Exposure’s liability for loss, damage, or failure to deliver the Event video shall be limited to the return of all payments made.
(g) This Agreement shall be construed in accordance with Australian Federal Law.
(h) Neither the Client nor High Exposure may assign this Agreement without prior written consent from the non-assigning party.
(i) The headings of the sections herein are for convenience only, and shall not affect the meaning of the provisions of this Agreement.
(j) This Agreement constitutes the entire agreement between the Client and High Exposure, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.