What Every Videographer Contract Should Include
Image courtesy of cytonn_photography via Unsplash.com
In my many years as a freelance video producer and director I learned that there are a few essentials every videographer should include in a contract with a client. Now, I am not an attorney, so you should always consult with a legal professional when drafting a contract for your video production business. This list merely serves as a starting point to help point you in the right direction, if you are thinking of starting out on your own as a freelancer.
Approvals - Specify an overall production schedule in your contract and make sure your client understands that you will need an approved signature at every stage of the production before moving forward. For example, you need to make sure the client signs off on the creative brief before moving forward with the script. Before moving into pre-production, the client needs to sign off on the script. And so on. You don’t want to be in the edit and suddenly the client decides to go back and change the script. You will lose out on a lot of time and a lot of money.
A Fixed Number of Revisions - I quickly learned the importance of specifying in the contract just how many rounds of revisions the budget would include. I learned this the hard way when I had a client early in my career who kept making change after change with no end in sight. Limit the rounds of revisions to three, so the client doesn't have you on the hook for multiple changes that cost you time and money. If the client needs more than three rounds, then draft a new contract and negotiate with your client the cost of revisions beyond the initial three rounds.
Exclusive Rights to Footage - This is a clause similar to what many professional photographers use in their contracts. I usually negotiate with clients for either a two, or three-year exclusive right to the footage. After that period expires, the footage becomes non-exclusive. In short, this means that during the 2-3 year window, the footage captured for your client cannot be used anywhere else. After that expiration, you are free to use that footage again for any other projects or to sell as stock footage, should you choose. This is helpful, because many times throughout the course of a shoot you will capture generic footage that could be used as b-roll for a variety of other projects.
Rights to Promotion - Always include a section in your contract stipulating that you reserve the right to use the completed video (or any portion thereof) in a demo reel of your own work. It wouldn’t do to produce a wonderful video and then not be able to showcase your work to other potential clients.
Termination Clause - At some point, a client will decide to pull the plug on a particular project for whatever reason. It's important that you get paid for the time and effort you have invested up to the point of termination. That's why I suggest including an item in your contract indicating that a client must still reimburse you for any costs incurred up to the point of cancellation.
Payment Schedule - Always get a deposit from your client before starting work. This will help you with up front expenses, like your time for all pre-production work, gear rentals, location expenses, etc. Then make sure your client understands when payment is expected next, and for how much. I always like to include terms for payment as well, along with late-payment penalties. One of the big challenges in the world of the freelancer is maintaining proper cash flow.
These are just a few of the items I believe that a videographer should include in his/her contract, but I’m always interested in hearing from other video production professionals. What has worked for you? What hasn’t? Feel free to share your own experiences and advice in the Comments section.