Music Video Pricing Request

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Summary

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This Videography Services Agreement (the “Agreement”) is entered into as of Today (the “Effective Date”), by Flawless Music Videos, a Colorado music video production company (the “Videographer”) and You (the “Artist,” and together with the Videographer, the “Parties”).

RECITALS
WHEREAS, the Artist wishes to engage the Videographer as an independent contractor for the Artist for the purpose of shooting music videos (the “Videos”) on the terms and conditions set forth below; and
WHEREAS, the Videographer wishes to shoot the Videos in accordance with the terms of this Agreement; and
WHEREAS, each Party is duly authorized and capable of entering into this Agreement.
NOW THEREFORE, in consideration of the above recitals and the mutual promises and benefits contained herein, the Parties hereby agree as follows:

RESPONSIBILITIES.
Of the Videographer. The Videographer agrees to do each of the following:
Take the Videos and perform the Services set forth in Exhibit A attached hereto and made a part hereof (collectively, the “Services”).
Devote as much productive time, energy, and ability to the performance of its duties hereunder as may be necessary to provide the required Services in a timely and productive manner.
Perform the Services in a safe, good, and workmanlike manner, providing their best professional efforts and using at all times adequate equipment in good working order.
Communicate with the Artist regarding progress the Videographer has made in shooting the Videos and performing the Services.
Supply all equipment required to perform the Services under this Agreement, except to the extent that the Videographer’s work must be performed on or with the Artist’s property.
Provide services (including the Services) and end products that are satisfactory and acceptable to the Artist.
Of the Artist. The Artist agrees to do each of the following:
Engage the Videographer as an independent contractor to shoot the Videos and perform the Services set forth in Exhibit A to this Agreement.
Provide relevant information or support to assist the Videographer with the performance of the Services.
Satisfy all of the Videographer’s reasonable requests for assistance in its performance of the Services.

ADDITIONAL SERVICES.
If the Artist requests additional Videos because of the Videographer’s failure to produce appropriate Videos, as determined by the Artist, the Videographer will take such additional Videos at its own cost. The Parties will mutually determine a delivery date for the additional Videos. Additional revisions, beyond the first, requested by the Artist due to other considerations shall be billed to the Artist based at the rates listed in Exhibit A hereto before the Videographer begins such additional work.

TERM.
This Agreement shall become effective as of the Effective Date and, unless otherwise terminated in accordance with the provisions of this Agreement, will continue until the Services have been satisfactorily completed and the Videographer has been paid in full for such Services (the “Term”) [; provided, however, that in no event shall this Agreement remain effective for longer than 5 years].

RESULTS AND PROCEEDS.
The Videographer agrees that the work to be supplied by the Videographer hereunder shall be deemed a “work-made-for-hire,” and the Artist shall be deemed the sole author of the Videos and the owner of all right, title, interest, and proceeds of every kind or nature, whether now known or hereafter devised (including, but not limited to, all copyrights and all extensions and renewals of copyrights) in and to the Videos, with the right to make all uses of the Videos throughout the universe and all changes in the Videos as the Artist deems necessary or desirable. Notwithstanding the foregoing, if and to the extent that any Video is not deemed a “work made for hire,” the Videographer hereby assigns, transfers, and conveys to the Artist, exclusively, irrevocably, and in perpetuity, throughout the universe, all right, title, and interest (including all rights of copyright) in and to the Videos, including, without limitation, the right to enforce its right in and to secure registrations, renewals, reissues, and extensions thereof. The Videographer agrees that the Artist and its affiliates shall have the right to transform, edit, alter, distort, modify, add to, subtract from, enhance, broadcast, telecast, duplicate, distribute, or otherwise exhibit the Videos worldwide in all forms of media and forms of exploitation, now known or hereafter created including, but not limited to, websites, film, television, radio, and print. The Videographer agrees that the Videographer will have no right to approve any use of the Videos. The Videographer agrees that no third party has or shall have any right of approval over the use of the Videos or will be due any amounts from the use of the Videos.

PUBLICITY.
Any publicity, including press releases or other information in connection with this Agreement is under the sole control of the Artist. The Videographer shall not consent to and/or authorize any person or entity to release any information concerning this Agreement without the express prior written approval of the Artist; provided, however, the Videographer has the right to use the Videos in the Videographer’s portfolio without the prior consent of the Artist.

USE OF VIDEOGRAPHER’S NAME.
If the Artist so elects, the Artist will have the right, for the Term of this Agreement, to use the Videographer’s name, biography, and likeness in connection with the advertising and exploitation of the Videos.

NO OBLIGATION TO USE.
The Artist shall have no obligation to use the Videos. The Artist’s sole obligation to the Videographer is to pay the sums set forth above to the Videographer; provided, however, that no such amounts will be paid if the Videographer is in default.

VIDEOGRAPHER’S REPRESENTATIONS AND WARRANTIES.
The Videographer hereby represents and warrants that:
s/he is, at the execution of this Agreement, at least eighteen (18) years old and not a minor;
s/he has the full right and legal capacity to enter into this Agreement and to grant the rights granted or agreed to be granted hereunder;there is no outstanding contract, commitment, agreement, or legal impediment of any kind that conflicts with this Agreement or that might limit, restrict, or impair the rights granted to the Artist or its affiliates hereunder; the identifying information of the Videographer set forth above is true and correct;
s/he has entered into this Agreement freely, voluntarily, and without reliance on any promises, representations, or other statements not contained in this Agreement;
s/he has read and understands this Agreement.

COMPANY’S RIGHTS.
The Artist shall be the sole and exclusive owner of the Videos and all rights with respect thereto (collectively, “Rights”), which shall include all rights in and to the Videos created by the Videographer, in all media and all forms of exploitation whether now known or hereafter devised, throughout the universe, including all allied and subsidiary rights, such as merchandising rights, noninteractive, and interactive electronic publication rights, multimedia rights, publication rights including for publicity and advertising purposes. The Artist shall have no obligation to pay additional compensation to the Videographer or any third parties for any exploitation of the foregoing Rights. The Videographer waives the benefits of any provision of law known as the “droit morale” or any similar or analogous law, regulation, or decision in any country of the world.

THIRD PARTIES; TAXES.
The Videographer acknowledges that nothing in this Agreement gives the Videographer the right to bind or commit the Artist to any agreements with any third parties. Furthermore, the Videographer warrants and represents that the Videographer is solely liable for and will pay all applicable taxes on all amounts earned pursuant to this Agreement. The Videographer further agrees to indemnify, defend (with counsel acceptable to the Artist) and hold harmless the Artist, its parent, subsidiaries, and affiliates, and the employees, agents, successors, and assigns of each, from any and all liability that the Artist may incur regarding the payment of taxes for the Videographer’s services. The Videographer shall be responsible for providing any and all disability or workers’ compensation insurance that may be required by law.
The Artist shall be responsible for and shall pay any sales, use, or similar taxes applicable to this transaction.

TERMINATION.
This Agreement may be terminated:
By either Party on provision of seven (7) days written notice to the other Party, with or without cause. Rescheduling, cancellations, and refunds are outlined in section 20.
Following the termination of this Agreement for any reason, the Artist shall promptly pay the Videographer according to the terms of Exhibit A for Services rendered before the effective date of the termination. The Videographer acknowledges and agrees that no other compensation, of any nature or type, shall be payable hereunder following the termination of this Agreement.

DEFAULT BY VIDEOGRAPHER.
If, for any reason, the Videographer fails to complete or deliver the Videos or any related materials within the time and the manner specified in this Agreement and Exhibit A hereto, the Artist, at its election, may either: terminate this Agreement in its entirety, in which event the Artist shall be released and discharged from any further obligations to the Videographer hereunder or otherwise, including, but not limited to, the obligation to make any payments to the Videographer; provided, however, such termination or cancellation shall not invalidate the rights granted by the Videographer to the Artist hereunder; or specify a new date by which the Videographer must complete and deliver the Videos and related materials to the Artist.

INDEMNIFICATION.
The Videographer at all times shall indemnify, defend (with counsel acceptable to the Artist) and hold harmless the Artist, its parent, subsidiaries, and affiliates, and the employees, agents, successors, and assigns of each, from and against any and all claims, actions, damages, and losses, liabilities and expenses, including reasonable outside attorneys’ fees, arising out of or caused by any breach of any of the representations, warranties, undertakings, or agreements made by the Videographer hereunder.

ENTIRE AGREEMENT.
This Agreement constitutes the final, complete, and exclusive statement of the agreement of the Parties with respect to the subject matter hereof, and supersedes any and all other prior and contemporaneous agreements and understandings, both written and oral, between the Parties.

ASSIGNMENT.
This Agreement is personal to the Videographer and may not be assigned by the Videographer. The Artist shall have the right to assign, sublicense, sell, or pass-through any rights contained herein or this Agreement to a third party without approval from the Videographer.

MODIFICATION.
This Agreement may be supplemented, amended, or modified only by the mutual agreement of the Parties, which agreement must be in writing and signed by both Parties.

GOVERNING LAW.
This Agreement shall be governed by the laws of the state of Colorado. In the event that litigation results from or arises out of this Agreement or the performance thereof, the Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing Party may be entitled.

SEVERABILITY.
Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.

COUNTERPARTS/ELECTRONIC SIGNATURES.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. For purposes of this Agreement, use of a facsimile, e-mail, or another electronic medium shall have the same force and effect as an original signature. By paying this invoice, the Artist agrees to all terms set forth in this agreement.

CANCELLATIONS / REFUNDS.
Cancellations and rescheduling must be done within 24 hours of the scheduled time of the shooting. Any monies set forth in Exhibit A, whether as a promotional price or in the form of a deposit, are not eligible for a refund, as Videographer will not book any other client for the scheduled dates/times reserved for the Artist. Videographer has a strict no-refunds policy.

HEADINGS.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

EXHIBIT A
DUTIES AND SPECIFICATIONS

DUTIES.
The Videographer will perform the following Services in connection with his/her taking of the Videos:
Direct & Shoot Video
Edit Video
Deliver Video

EDITING.
The Videographer will be responsible for editing the Videos, which shall include the following:
Sound overlay
Frame by frame editing
Addition of titles, credits, etc.
Transitions
Insertion, splicing, dicing, and rearranging of content
Merging footage to create the entire video

DELIVERY SCHEDULE.
The Services will commence on the day of the shoot agreed by Videographer and Artist and continue until complete delivery of the Videos by the Videographer to the Artist. The Videos will be delivered as follows:
Rough cut within 3 to 7 days unless discussed;
Final edit within 2-3 days after rough cut revision.
If the Artist requests additional Videos, the delivery schedule will be mutually determined by the Parties. The Parties acknowledge that time is of the essence.

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