Video Production Contract
This Video Production Contract (this "Agreement") is made on between of (the "Client") and of (the "Producer").
The Client wishes to engage the Producer to produce (the "Project"). The Producer agrees to carry out that work on the terms set out below. This Agreement replaces any proposal, quote or estimate previously exchanged, except where a document is expressly attached to and incorporated into this Agreement.
1. The Parties and the Engagement
The Client engages the Producer as an independent contractor, not as an employee, partner, agent or joint venturer. The Producer decides how the Project is shot and edited, supplies its own crew, equipment and software, and is free to work for other clients during the term of this Agreement.
The Producer is responsible for its own taxes, insurance and any statutory contributions arising from payments under this Agreement, and is not entitled to employee benefits of any kind. Where the Producer engages crew, cast or a subcontractor for any part of the Project, the Producer remains fully responsible to the Client for that person's work and, where they appear on camera, for obtaining the release required under clause 10.
Day-to-day contact for the Project is for the Client and for the Producer. Approvals, change requests and notices are only effective when sent in writing to those addresses.
2. Scope of Work and Deliverables
The Producer will produce and deliver the following for the Project (together, the "Finished Deliverables"):
finished, edited video(s) of approximately each, delivered in ;
additional cutdown(s) at , in ;
colour grading, a sound mix, and ;
; and
delivery by .
3. Out of Scope
Anything not listed in clause 2 is out of scope. For the avoidance of doubt, and unless the Parties agree otherwise in writing, the following are NOT included: on-camera talent or casting fees beyond ; drone or aerial footage unless listed in clause 2; location permit fees, location rental fees and any location deposit; translation or subtitling beyond ; music licensing beyond the stock library included under clause 11; extensive motion graphics, animation or visual effects beyond ; and distribution, media buying or paid ad account management.
Where the Project requires paid third-party services or licences (locations, permits, talent, premium music or stock footage), the Client pays for them directly and in the Client's own name. The Producer may purchase them on the Client's behalf only with prior written approval, in which case the cost is re-invoiced at cost plus .
4. Changes to Scope
Either Party may request a change to the scope at any time. A request becomes a change to this Agreement only when the Producer has provided a written change note stating the additional work, the additional fee, and the effect on the schedule, and the Client has approved that change note in writing.
Requests made in passing — in a call, a chat message or a comment on set — are not change notes and create no obligation on the Producer to perform the work. Until a change note is approved, the Producer continues to work to the scope in clause 2, and no shoot date or delivery date shifts as a result of the request.
Additional work approved under this clause is charged at unless the change note states a fixed price.
5. Production Schedule and Shoot Days
The Project includes shoot day(s). Call time on each shoot day is , and the Producer's crew and equipment will be on set and ready to shoot no later than .
Where a shoot day is outdoors or otherwise weather-dependent, the agreed weather contingency is . The decision to invoke the contingency is made jointly by the Parties no later than , and invoking it does not change the fee in clause 8.
The Client shall notify the Producer of any change to a shoot date, call time or location in writing at least before the scheduled shoot day. A change requested with less notice, and any rescheduling caused by the Client's own unavailability, an unready location, or a failure to secure a location permit, is a Client-caused reschedule: the Producer may charge a rescheduling fee of to cover crew, equipment and location costs already committed, and the next available date in the Producer's calendar becomes the new shoot day.
The scheduled shoot day(s) and location(s) are:
Shoot day 1: , at ;
.
6. Client Materials, Locations and Access
The Client will supply the script, brand guidelines, logos, any existing footage to be incorporated, and any other content the Project needs, in the formats reasonably requested by the Producer, by . The Client is responsible for securing permission to film at every location it selects, including any permit, insurance certificate or landlord or venue consent the location requires, and shall give the Producer copies before the shoot day.
If content, access or location permission is not supplied by the relevant deadline, the Producer may proceed on the information available, and any resulting reshoot or delay is a Client-caused reschedule under clause 5. If an outstanding item remains outstanding for more than , the Producer may invoice all work completed to date, place the Project on hold, and charge a re-engagement fee of to restart it.
The Client warrants that it owns or is licensed to use everything it supplies, and that its use in the Project will not infringe any third party's rights. The Client will indemnify the Producer against any claim arising from material the Client supplied.
7. Review, Approval and Revisions
The Client will review each cut and either approve it or return consolidated written feedback within of delivery. If the Client does not respond within , the cut is deemed approved and the Producer may proceed to the next stage.
The fee in clause 8 includes rounds of revisions on the edit. A round is one consolidated set of written feedback from the Client, delivered in a single response; the Producer will action that set in full before the next round begins.
Revisions cover refinement of the edit already delivered within the agreed scope — trims, pacing, colour and audio adjustments, and graphics text changes. They do not cover a reshoot, a new creative direction, or footage not captured on the shoot day(s) in clause 5, all of which are changes to scope under clause 4.
Revisions beyond the included rounds, and any revision requested after a cut has been approved or deemed approved, are charged at per hour, billed in increments and invoiced monthly. The Producer will tell the Client in writing before starting work that will be charged at that rate.
8. Fees and Payment Schedule
The total fee for the Project is , exclusive of any sales tax, VAT or GST, which is added where applicable.
Invoices are payable within of the invoice date. Amounts unpaid after the due date carry interest at per month, or the maximum rate permitted by law if lower, accruing daily from the due date until payment is received. Bank transfer fees and currency conversion costs are the Client's responsibility.
If any invoice is more than overdue, the Producer may suspend all work and withhold delivery of cuts and Finished Deliverables until the account is settled in full. Time lost to a suspension extends the schedule, and the Producer is not liable for any consequence of a delay caused by non-payment.
The Client will pay the total fee as follows:
a non-refundable deposit of , invoiced on signature and payable before the shoot day is locked into the Producer's calendar;
on completion of the shoot day(s) in clause 5; and
the balance of on delivery of the approved Finished Deliverables, payable before the transfer of ownership in clause 9.
9. Raw Footage and Ownership of Deliverables
Until the Producer has received the total fee and every other amount due under this Agreement in cleared funds, the Producer retains full ownership of the raw footage, the edited cuts, and all other materials produced for the Project. During that period the Client has a limited, revocable licence to review cuts for the purpose of giving feedback under clause 7, and no right to publish, broadcast, post or otherwise use any footage.
On receipt of final payment in full, the Producer assigns to the Client all right, title and interest, including copyright, in the Finished Deliverables described in clause 2. The Producer will sign any further document the Client reasonably requires to give effect to that assignment.
The raw, unedited footage captured on the shoot day(s) — every take, angle and set-up not selected for the Finished Deliverables — is not part of the Finished Deliverables and does not transfer under this clause unless the Parties agree otherwise in writing. The Producer retains ownership of the raw footage and will keep it on file for after delivery of the Finished Deliverables, after which the Producer may archive or delete it without further notice.
Where the Client wants the raw footage itself — for a future re-edit, an archive copy, or any other reason — that is a separate deliverable, available for , agreed in writing before the retention period in the previous paragraph ends. Third-party licensed music and stock footage incorporated into the Finished Deliverables remain excluded from this assignment and are governed by clause 11 instead.
10. On-Camera Talent Release
Everyone who appears on camera during the shoot — cast, presenters, employees, customers, members of the public captured incidentally, and any other individual filmed as part of the Project (each, "Talent") — must consent to being filmed and to the use of that footage before filming begins. The Client is responsible for securing a signed release, in a form no less protective than this clause, from every person the Client arranges to appear on camera, including its own staff, customers and any member of the public it has invited to participate, before the shoot day.
The Producer is responsible for securing a signed release from any Talent the Producer separately casts or engages for the Project — for example, a hired presenter, actor or voice-over artist — on terms consistent with this clause.
Each release must confirm that the Talent consents to being filmed and recorded, and grants the Client and the Producer an irrevocable, worldwide, royalty-free licence to use, edit, reproduce and distribute the footage of that Talent as part of the Finished Deliverables, for . Where the Client cannot obtain a signed release from someone who appears on camera — a bystander in a public location, for example — the Client shall tell the Producer before the shoot so the shot can be reframed, obscured in the edit, or excluded from the Finished Deliverables.
A person under the age of majority may appear on camera only with a release signed by their parent or legal guardian. Neither Party will use footage of a person who has not given consent under this clause, and either Party may require a shot to be removed from the Finished Deliverables if a valid release for everyone identifiable in it is not on file.
11. Music, Stock Footage and Third-Party Licensed Materials
The Finished Deliverables are likely to incorporate licensed music and stock footage or imagery (together, "Licensed Materials"). At delivery, the Producer will provide a written list of every Licensed Material used, its source, and the licence under which it was obtained.
The Producer warrants that, to the best of its knowledge, every Licensed Material is obtained under a licence that permits the use described in clause 2 for the licence term stated in that licence, and that it has not used a Licensed Material outside the scope of its licence. Where a Licensed Material requires an attribution notice or credit, the Producer will build that notice into the Finished Deliverables or their documentation, and the Client will preserve it and will not remove it.
Ongoing renewal of a Licensed Material's licence, where the licence is not perpetual, is the Client's responsibility from delivery onward — the Producer's obligation under this clause is disclosure and licence-compatible selection at the time of delivery, not ongoing account management. The Producer will indemnify the Client against any third-party claim arising from the Producer's use of a Licensed Material outside that Licensed Material's own licence terms.
12. Portfolio and Reel Rights
The Producer may display the Finished Deliverables — including on its website, reel, social channels, case studies and award or competition entries — and may describe the Client as a client. This right survives completion or termination of the Project and applies once the Finished Deliverables are publicly released or the Client has publicly announced the Project, whichever is earlier. It does not extend to the raw footage or to any footage a Talent release under clause 10 does not cover.
The Producer will not disclose any information the Client has marked confidential, or any commercially sensitive figures, without the Client's written consent. If the Client needs the Project kept confidential for a period, the Client must say so in writing before the shoot day, in which case the Producer will delay any portfolio use until .
The Producer may place a discreet credit reading in the end card of the Finished Deliverables. The Client may ask for it to be removed for a one-off fee of .
13. Termination and Kill Fee
Either Party may terminate this Agreement by giving written notice. Either Party may terminate immediately if the other commits a material breach that is not remedied within of written notice of it, and the Producer may terminate immediately if any invoice is more than overdue.
On termination for any reason the Client will pay, within : all fees for stages already delivered or deemed approved; a pro-rata amount for work in progress on the current stage, based on the Producer's reasonable assessment of the work completed; and any third-party costs the Producer has already committed on the Client's behalf, including crew, equipment and location bookings for a shoot day already locked in. The deposit is non-refundable and is credited against those amounts — except that where the Producer terminates for convenience, or the Client terminates for the Producer's unremedied material breach, the Producer shall refund the part of the deposit that exceeds the amounts due under this clause.
If the Client terminates for convenience after a shoot day has been locked into the Producer's calendar, the Client also pays a kill fee of to compensate the Producer for the reserved crew and equipment capacity that cannot be resold at short notice. Ownership of footage produced up to termination remains with the Producer unless every amount due under this clause is paid in full, in which case clause 9 applies to the footage as it stands at termination.
14. Governing Law and General
This Agreement and any dispute arising out of it are governed by the laws of , and the Parties submit to the exclusive jurisdiction of the courts of . Before starting proceedings, the Parties will attempt in good faith to resolve the dispute by discussion between the named contacts in clause 1.
Except for the Client's payment obligations, the Client's indemnity under clause 6, the Producer's indemnity under clause 11, and either Party's liability for death, personal injury, fraud, or infringement of the other's intellectual property, each Party's total liability under this Agreement is limited to the total fee paid or payable by the Client, and neither Party is liable for loss of profit, revenue, data, goodwill or any indirect or consequential loss. Neither Party is liable for a delay caused by an event outside its reasonable control, provided it notifies the other promptly; this does not excuse an obligation to pay amounts due.
This Agreement is the entire agreement between the Parties about the Project and may only be amended in writing signed by both Parties, or by an approved change note under clause 4. Neither Party may assign it without the other's written consent, not to be unreasonably withheld. If any provision is held unenforceable, the rest continues in force, and a failure to enforce a provision is not a waiver of it. The Client's warranty and indemnity in clause 6, clauses 9, 10, 11 and 12, and this clause survive termination, as does any obligation to pay an amount that accrued before termination.
15. Signatures and Date
This Agreement takes effect on the date of the last signature below, and neither Party is bound by it until both have signed. Until then it is a proposal only, and the Producer is under no obligation to begin work, hold a shoot date, or book crew.
This Agreement may be signed in counterparts and by electronic signature, each of which is an original and all of which together form one agreement. The Parties agree that an electronic signature has the same effect as a handwritten one.
Each person signing below confirms that they have read this Agreement, agree to it, and are authorised to sign it on behalf of the party they represent.