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DOCUMENTSTYPOGRAPHY VIDEO
Prepared for:DAR-US-SALAAM5301 Edgewood Road College Park, MD 20740
SHIHAN PICTURESClarksbrug, MD Phone: 301-523-8766E-mail: [email protected]
A Typography video under 2 minutes will be produced. The Client agrees to provide all the materials needed to complete this project.
Pictures, texts, and music will be provided by the client. The Client is responsible for getting all the rights for the given materials.
ProjectDescription
TERMS AND CONDITIONSPlease refer to the ‘Terms and Conditions’ document.
PAYMENT METHOD: Cash, Check, Paypal, Credit/Debit CardMake Checks Payable to ‘Shihan Chowdhury’
Paypal Email: [email protected]
Clarksburg, MD 20871 Phone: 301-523-8766E-mail: [email protected]
ProjectInvoice
3
2
1
NO
Promotional Discount
Rush Delievery
Typography Video
ITEM DESCRIPTION
-$ 250
$ 100
$ 500
PRICE
$ 100
1
1
1
QUANTITY
$ 350
-$ 250
$ 100
$ 500
TOTAL
Due Date:
Account No:
01/01/2014
4861213
7861213121313INVOICE:Address:
BAN:
Website:
5301 Edgewood Road College Park, MD 20740
786-12-13
http://www.darussalaam.org
DAR-US-SALAAMCLIENT:
1
ENTIRE AGREEMENT: This agreement contains the entire understanding between the COMPANY and the CLIENT. It supersedes all
prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing,
signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this
agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure
by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of
this agreement.
RESERVATION: A signed contract and retainer fee are required to reserve the dates and times of the EVENT(S). If the EVENT(S)
are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable
and shall be liquidated damages to The COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY's
materials charges incurred up to time of cancellation.
EVENT SCHEDULE: The client agrees to confirm the schedule one-week prior to the EVENT(S). Notification of any changes in
schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the COMPANY by
the CLIENT.
SAFETY: The COMPANY reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from
the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the
event that the safety of the photographer from the COMPANY is in question.
SHOSHOOTING TIME / ADDITIONS: The CLIENT and the COMPANY agree that cooperation and punctuality are essential to
accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end
time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time
and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
This Agreement is made effective for all purposes in all respects as of 12/13/13 by and between SHIHAN PICTURES, herinafter referred to as "the COMPANY" and Dar-Us-Salaam, hereinafter referred to as "The CLIENT" relating to the event(s) detailed below, hereinafter referred to as "The EVENT(S). The following sets forth the agreement between these two parties and binds them both.
Terms &Condition
2
EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs
unless provided by the CLIENT.
TRAVEL EXPENSES: All travel expenses are based on the distance between the EVENT location(s) and the COMPANY studio
address. For all EVENT(S), the first 40 miles round-trip of travel are included. All miles in excess of 10 miles round-trip are
charged at $.30 per mile.
RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the
CCOMPANY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule
complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations.
The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo
coverage. The COMPANY is not held liable for missed coverage of any part of the EVENT(S). The COMPANY will not be held
accountable for failure to deliver images of any individuals or any objects at the EVENT(S).
VENUE AND LOCATION LIMITATIONS: The COMPANY is limited by the rules and guidelines of the location(s) and site
manamanagement. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the
officials for moderation of guidelines is the CLIENT's responsibility; the COMPANY will offer technical recommendations only.
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY
will be performing services.
FILM and COPYRIGHTS: The materials produced by the COMPANY are protected by Federal Copyright Law (all rights reserved)
and may not be reproduced in any manner without the COMPANY's explicitly written permission. If the CLIENT has received
a a copy or copies of the film from the COMPANY, upon final payment by the CLIENT, limited copyright ownership of the resulting
images will be transferred to the CLIENT. The COMPANY grants the CLIENT permission to share the images on social
networking websites, with family and friends, and on vendor websites as long as the materials remain unaltered and textual
credit is explicitly given to the COMPANY. The CLIENT must obtain written permission from the COMPANY prior to publishing or
selling the materials.
OWNERSHIP OF WORK: The COMPANY grants the CLIENT a non-exclusive license to use the images produced under this
agagreement only as follows: Use for Business except for resale. This license is fully paid up and royalty-free. This license is
perpetual and irrevocable except as provided in the "Termination" section below. The granting of any license is conditioned on
the COMPANY being paid the full amount of this agreement. Shihan reserves all rights not expressly granted to the CLIENT with
respect to the images produced under this agreement.
MODEL RELEASE: The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish
photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any
other purpose and in any manner and medium; to alter the same without other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without
restriction. The CLIENT releases all claim to profits that may arise from use of images.
3
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the
guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the
COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable
replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY's control,
including but not limited to cameincluding but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all
payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the
exposures lost based on the percentage of total number of originals. The COMPANY is not liable for the loss of images beyond
the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY: The COMPANY is not liable to deliver every image taken at the event. The determination of images
delivered to the CLIENT is left to the discretion of the COMPANY.
POST PPOST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left
to the discretion of the COMPANY. The COMPANY may decline, or charge additionally for, work that the COMPANY reasonably
deems to be beyond the attached “Scope of work” document.
PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed.
All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be
applied toward merchandise purchased from the COMPANY.
PAPAYMENT SCHEDULE: The aforementioned 50% non-refundable retainer fee is due at the time of signing of agreement. The
remaining balance is payable in full prior to or the day of the EVENT(S) or upon completion of the work. In the event the CLIENT
fails to remit payment as specified, the COMPANY shall have the right to immediately terminate this agreement with no further
obligation, retain any monies already paid, and not deliver the completed work to CLIENT. Returned checks will be assessed a
$50 non-sufficient funds fee.
CONFIDENTIAL INFORMATION: Any information supplied by one party to the other marked as "Confidential" must be used only for
the purposes the purposes of this agreement and must not be disclosed to other parties without the discloser's written consent. This does
not apply to information that is publicly available or that the recipient already properly knew, developed or received
independently. When the agreement terminates, The COMPANY must return to the CLIENT any materials containing confidential
information. Confidentiality obligations survive termination of this agreement.
INDEPENDENT CONTRACTOR RELATIONSHIP: The COMPANY is an independent contractor, not an employee or partner of the
CLIENT. The COMPANY is solely responsible for all taxes, withholdings, insurance, and any other obligations that may apply to
an independent an independent contractor.
4
LIMITED WARRANTY
THE COMPANY WARRANTS THAT NO OBLIGATION TO A THIRD PARTY PROHIBITS THE COMPANY FROM ENTERING INTO THIS
AGREEMENT, AND THAT TO THE COMPANY'S KNOWLEDGE, WORK PRODUCED UNDER THIS AGREEMENT WILL NOT VIOLATE THE
INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
LIMITATION OF LIABILITY
UNLESS A RESULT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE LIABILITY OF EITHER PARTY TO THE OTHER FOR ANY
TYPE OF TYPE OF DAMAGES IS LIMITED TO THE AMOUNT OF THE COMPANY'S TOTAL FEES UNDER THIS AGREEMENT.
1. Exclusive Photographer/Videographer. The Photographer/Videographer shall be the exclusive photographer/Videographer
retained by the Client for the purpose of photographing/Videoing the event. Guests, Family and friends of the Client shall be
permitted to photograph as long as they shall not interfere with the Photographer/Videographer’s duties.
2. Deposit and Payment. The Client shall make a deposit to retain The COMPANY to perform the services specified herein. At
such time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the balance
dudue. Balance shall be paid in full during or before the event for the service to be provided.
3. Cancellation. If the Client shall cancel this Agreement ninety (60) or more calendar days before the event date, any deposit
paid to the Photographer shall be refunded in full. If the Client shall cancel within ninety (60) days of the event date and
liquidated damages shall be charged of 50% of total amount of down payment. A $150 cancellation fee shall be applied if the
Client cancels within thirty (15) days of the event date.
4. Copyright and Reproductions. The COMPANY shall own the copyright in all material created and shall have the exclusive
right to maright to make reproductions. The COMPANY shall only make reproductions for the Client or for The COMPANY’s portfolio,
samples, self-promotions, entry in contests or art exhibitions, editorial use, website, or for display within or on the outside of
the The COMPANY’s work zone.
5. Client’s Usage. The Client is obtaining materials produced for business use only, except for resale. The CLIENT is free to
share the materials and or publish as long as the credit is given to The COMPANY.
6. Inherent Qualities. The Client is aware that color dyes in photography may fade or discolor over time due to the inherent
qualities qualities of dyes as well as DVD or CD media which may deteriorate due to delamination and oxidation, and the Client releases
The COMPANY from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities.
7. The COMPANY’s Standard Price List. The charges in this Agreement are based on the The COMPANY’s Standard Price List. This
price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
5
MISCELLANEOUS
This agreement is between the CLIENT and the COMPANY and neither is allowed to delegate, transfer or assign it to a third
party without the written consent of the other.
This is the parties’ entire agreement on this matter, superseding all previous negotiations or agreements.
It can only be changed by mutual written consent.
The laws of the state of Maryland govern this agreement and any disputes arising from it must be handled exclusively in
ccourts in Maryland. The prevailing party in any dispute will be entitled to recover reasonable costs and attorneys' fees.
TERMINATION
If either party materially breaches this agreement, the non-breaching party may terminate the agreement only by providing
written notice of the breach to the breaching party. If the breaching party does not cure the breach within 5 days of receiving
such notice, then the agreement is terminated except with respect to those obligations indicated as surviving termination.��
If the agreement terminates for any reason other than a significant and uncured breach by the COMPANY, then the COMPANY is
immediately entitled to the g immediately entitled to the greater of (i) any unpaid fees prorated for the portion of the work completed at the time of
termination or (ii) the non-refundable deposit paid to the CLIENT at signing, retained as liquidated damages. This obligation,
and any payment obligations pending at termination, survive termination.
By signing below the CLIENT agrees and accpets the terms and conditions.
Signing a copy of this agreement, physical or electronic, will have the same effect as signing an original.
THE CLIENT
THE COMPANY
Sign here to approve
Shihan Chowdhury
Position
Senior Director
Print Name
Shihan Chowdhury
Date
12/13/13
Sign here to approve
Position
Print Name
Date