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This agreement (“Agreement”) constitutes a binding contract for videography services and/or
products. By signing this Agreement, the clients, identified on page three of this Agreement
(collectively referred to below as “Client”) agrees to pay The Cardoni-Dattilo Group, LLC Media
and Communications Division for the services and/or products provided by The Cardoni Dattilo
Group, LLC Media and Communications Division at the price set forth on page three of the
Agreement.
The following terms and conditions shall also apply to Client’s retention of The Cardoni-Dattilo Group,
LLC Media and Communications Division :
1. EXCLUSIVITY: The Cardoni-Dattilo Group, LLC Media and Communications Division shall be the
only videography/photography service provider retained by the Client for the event identified on page
three of this Agreement (referred to below as the “Event”). Family and friends of Client shall be
permitted to videotape the event, for non-commercial purposes, provided that such person or persons
do not interfere with the videographer’s duties. If, in the opinion of the assigned videographer, such
person or persons are inhibiting the videographer from performing his or her duties, Client shall
require the person interfering with the videographer to stop all further videotaping.
2. VIDEOGRAPHER/PHOTOGRAPHER: The Cardoni-Dattilo Group, LLC Media and Communications
Division shall assign staff exclusively for Client’s Event. If necessary, assistants to such
videographer/photographer shall attend the Event. The Cardoni-Dattilo Group, LLC Media and
Communications Division reserves the right to change any initial assignment and substitute another
staff videographer at any time due to illness. Due to the length of time required to videotape the
Event, Client agrees to provide the videographer and any assistants with a meal during the Event.
3. ILLNESS AND UNEXPECTED EVENTS: The Cardoni-Dattilo Group, LLC Media and
Communications Division will not be liable to Client under any circumstances if its performance is
prevented or impaired due to war, insurrection, strikes, walk-outs, riots, fire, acts of God, including
adverse weather conditions and earthquakes, shortages or unavailability of labor or materials, laws or
governmental restrictions which conflict with the terms of this Agreement, or any other matter beyond
the reasonable control of The Cardoni-Dattilo Group, LLC Media and Communications Division. In the
event of any unanticipated videographer illness The Cardoni-Dattilo Group LLC Media and
Communications Division shall make reasonable efforts to substitute another competent professional.
If another videographer cannot be assigned in time for the Event, The Cardoni-Dattilo Group, LLC
Media and Communications Division shall promptly return to Client all fees previously paid by Client,
and shall then have no further liability with respect to this Agreement. The Cardoni-Dattilo Group, LLC
Media and Communications Division reserves the right to decline outdoor videotaping in the event of
inclement weather. Client is responsible for providing an alternate nearby location in the event of
inclement weather.
4. LIQUIDATED DAMAGES: Client and The Cardoni-Dattilo Group, LLC Media and Communications
Division recognize it is extremely difficult and impractical to ascertain the extent of Client’s actual
damage in the event of a breach on the part of The Cardoni-Dattilo Group, LLC Media and
Communications Division. Therefore, the parties agree that in the event of any breach arising from
the negligence or other unintentional conduct of The Cardoni-Dattilo Group Media and
Communications Division, including, without limitation, any damage to or loss of any videotape footage
or photographs, Client shall be entitled to the following: IN THE EVENT OF DAMAGE TO OR LOSS
OF ANY VIDEOTAPE FOOTAGE: A percentage reduction in the price of the video package, based
upon the amount of actual tape-time which has been damaged, lost or not captured. Client would then
receive the final product, containing the footage from the Event, which was captured, not lost or
damaged. IN THE EVENT OF DAMAGE TO OR LOSS OF ANY PHOTOGRAPHS: Payment in the sum
of $1.00 per/lost damaged photograph. The return of such fees and payment of such damages shall
be the sole and exclusive remedies available to Client.
5. NON-REFUNDABLE RESERVATION FEES: A reservation deposit of _______ is due upon the
signing of this Agreement. Once the Agreement is signed and the deposit is paid, The Cardoni-Dattilo
Group, LLC Media and Communications Division shall reserve the time and date agreed upon for the
Event and will not make other reservations that will conflict with the Event. For this reason all
reservation fees are NON-REFUNDABLE.
6. PAYMENT SCHEDULE: The payment schedule will be as follows:
1. ______ deposit - NON-REFUNDABLE.
2. 90% of remaining balance due 1 month prior to event.
3. Final balance of 10% due upon completion of your video.
* (See last page for breakdown of fees and package details)
Should any check fail to clear the account against which it is drawn (for any reason, including
insufficient funds), Client shall pay an additional fee of $50.00 and any addition charges The Cardoni-
Dattilo Group, LLC Media and Communications Division realizes from such action.
7. CHANGE IN DATE, TIME OR PACKAGE/PROJECT SELECTION:
Client may upgrade Client’s package/project selection at any time until the day of the event. However,
under no circumstances shall Client be permitted to change its selection to a lower-priced package. In
case of a change in the time or date of the Event, The Cardoni-Dattilo Group, LLC Media and
Communications Division shall make reasonable efforts to accommodate the change. However, if the
new time or date conflicts with The Cardoni-Dattilo Group Media and Communications Division existing
schedule, The Cardoni-Dattilo Group, LLC Media and Communications Division reserves the right to
terminate the Agreement. In the event of such termination, Client shall forfeit any previous non-
refundable deposits.
8. COMPLETION OF FINAL PRODUCT: The entire editing process, (with the exception of
“Rapid Turnaround Projects” from time of scheduling to receipt of the final product is normally (Two)
2 to (4) 4 weeks, at which time Client will receive the final product of the Event.
9. VENUE, ATTORNEY’S FEES AND APPLICABLE LAW: The validity and interpretation of this
Agreement shall be construed in accordance with the laws of the State of Kentucky. Any court
action to enforce this Agreement, or relating or arising out of this Agreement or the services
provided by The Cardoni-Dattilo Group, LLC Media and Communications Division
shall be brought in a court of competent jurisdiction in the County of Jefferson, State of Kentucky.
In any action, arbitration or other judicial, quasi-judicial or extra-judicial proceeding related to any
dispute arising from this Agreement, each party to this Agreement shall bear their own attorney’s fees.
In case any provision of this Agreement shall be invalid, illegal or unenforceable, such provision shall
be severable from the remainder of this Agreement and the validity, legality and enforceability of
the remaining provisions shall not, in any way, be affected or impaired thereby. Unless
otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective heirs, beneficiaries, successors and assigns. Each party
represents that all required authorizations for its execution of this Agreement necessary to
make this instrument binding in accordance with its terms against such party have been
obtained and are in effect.
10. PUBLICITY RIGHTS/PROMOTIONAL USE OF IMAGES: The parties agree that The Cardoni
Dattilo Group, LLC Media and Communications Division may use images from Client’s event for
commercial use, including, without limitation, promotional videos for exhibition to other potential clients
of The Cardoni-Dattilo Group, LLC Media and Communications Division..
11. MODIFICATIONS: This written and signed Agreement constitutes the sole and exclusive
agreement between the parties regarding the services and products to be provided by The Cardoni-
Dattilo Group, LLC Media and Communications Division in connection with the Event. It is intended by
each party to constitute the final written memorandum of all of their agreements and understandings
in this transaction. No covenants, warranties, and/or representations, expressed or implied, and no
promises or prior agreements whatsoever have been made, agreed to, or entered into by the parties
hereto which are not expressly set forth above. If either party to this Agreement has attempted to
make such covenants, warranties, and/or representations, promises or prior agreements, they are
each superseded hereby and waived. Any waivers, terminations, amendments or modifications of, or
additions to, this Agreement must be in writing signed by the party against which the enforcement of
such writing is sought.
12. CREATIVE CLAUSE: It is understood that The Cardoni-Dattilo Group, LLC Media and
Communications Division is the exclusive official videographer/photographer retained by the Client to
cover this event. The Cardoni-Dattilo Group, LLC Media and Communications Division is granted full
editorial, production and content control by the Client regarding all aspects of the production and post-
production services. In the case a particular segment of the event is either not recorded, partially
recorded, or not a part of the edited master tape, it is at the sole discretion of The Cardoni-Dattilo
Group, LLC Media and Communications Division as the exclusive Producer of the event’s video
recording. If something occurred at the event that Client does not want to appear on the final edited
videotape, the Client must instruct The Cardoni-Dattilo Group, LLC Media and Communications
Division with-in two weeks after the event’s recording. Any requests for changes to the final edited
master videotape, that are not the result of errors by The Cardoni-Dattilo Group, LLC Media and
Communications Division will be made at the current rate per hour for editing and labor. The Cardoni-
Dattilo Group, LLC Media and Communications Division cannot guarantee video or audio quality due
to restrictions imposed at and/or by the event location. Because the videographers cannot interrupt or
interfere with an event or ceremony in any way to correct less than satisfactory shooting conditions,
the Client shall insure the placement of the key participants, I.e.; community leader, primary
speakers, key participants, officiant(s) and related decorative or business props or items do not
obscure or block the view of key individuals to be photographed. We are not responsible for shots
that are missed or omitted because of videographer being blocked or obstructed. The Cardoni-
Dattilo Group, LLC Media and Communications Division retains the exclusive right to edit all videotape
and photography.
13. RAPID TURNAROUND PROJECTS: Such projects are based upon brief photography
and video sessions of events completed by The Cardoni-Dattilo Group, LLC Media and
Communication Division and/or via photos submitted by Client for design and preparation of
promotional or memoir products. Such projects include, but are not limited to; family, personal and
business events requiring a 1 to 3 day business turnaround. Such projects will be defined as “Rapid
Turnaround Projects” and remain subject to the terms and conditions contained herein, with pricing
identified accordingly.
14. SEPARATE DIVISION
The Cardoni-Dattilo Group, LLC Media and Communications Division is separate and apart from the
Real Estate and Economic Development/Workforce Development Division of The Cardoni-Dattilo
Group, LLC. The goods and services provided as part of The Cardoni-Dattilo Group, LLC Media and
Communications division are completely unrelated to Real Estate and Economic Development
activities secured under specific, separate brokerage and workforce development agreements within
The Cardoni-Dattilo Group, LLC Real Estate and Economic Development Workforce Development
Division.
15. TRAVEL/MILEAGE
For on location projects in excess of 20 miles from The Cardoni-Dattilo Group, LLC Media and
Communications Division office, a fee of .45 cents per mile will be added to the overall project
expense. Additional travel expenses for overnight stay that may or may not occur shall be
negotiated with client and be represented as an additional fee to the overall expense.
16. TASTEFULNESS IN ART AND CREATION
At no time under any circumstances shall The Cardoni-Dattilo Group, LLC Media and
Communications Division consider projects which include profanity, pornography, inappropriate or
illegal content of any fashion and shall retain the right to consider and discern what constitutes and
represents such inappropriate content. Presentation of any such materials in oral or graphic form
shall effect immediate termination of agreements and/or discussions concerning such proposed
project at no liability to The Cardoni-Dattilo Group, LLC Media and Communications Division.
17. COPYRIGHT/DUPLICATION
At no time shall client modify, edit, copy, market or sell for any purpose the finished photography
or videography project described in this Contract without the express written permission of The
Cardoni-Dattilo Group, LLC Media and Communications Divsion and any other necessary approvals.
Client shall respect and not breach or impose upon any and all license and/or copyright
restrictions/approvals attached by The Cardoni-Dattilo Group, LLC Media and Communications
Division or any other entity in connection with the video project described in
this contract.
18. FEES AND PAYMENT SCHEDULE
Project Description: ________________________________________________________
Project Price: __________
Tax: __________
Deposit: ________________
Balance due: ______________
90% of Balance: __________ Due Date: __________
10% of Balance: __________ (Upon completion of video and/or photography project)
Details: ___________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
We look forward to working with you!
_____________________________ __________________________________ ___________
Client’s Name (Please Print) Client’s Signature Date
_____________________________ __________________________________ ___________
The Cardoni-Dattilo Group, LLC Media and Communications Division Date
Make checks payable to: The Cardoni-Dattilo Group, LLC
Media and Communications Division