Video in Vancouver Editor Contract
Hello and welcome,
If you have been chosen to represent our company as an editor, you have been selected out of many qualified applicants.
The editor is the third director, just after the script writer and on-set director. We have confidence you will create a product both of us are proud to present to a client. We support our established editors with ongoing rewarding opportunities.
This agreement is meant to outline the responsibilities of our editors in order to provide a solid base for communication with the producer. Each project will have an individual agreement reflecting the details of that specific project.
Please read this document carefully. If you have any questions or concerns, we would be pleased to discuss any issues with you.
To accept this agreement, respond to the email in which we sent this document stating that you agree to the terms and want to move forward.
We welcome you to our team! It’s going to be a pleasure working together.
Colter Ripley
Video in Vancouver
604.765.2444
————————————————————————————————–
SERVICES CONTRACT – FREELANCE INDEPENDENT EDITOR
BETWEEN
Video in Vancouver and Colter Ripley (hereinafter called “the Producer”) and you/ your organization (hereinafter called “the Editor”)
The Producer and the Editor hereby agree to the provision of services on the terms set out herein:
1 Definitions
1.1 “Agreement” means this Services Contract including Schedule A and any subsequent written and signed agreements between the parties as may be entered into between them including agreements evidenced by email.
2 The Project
2.1 The Producer and the Editor agree that the Editor will perform Services and produce Deliverables with respect to the Project at the times and on the conditions as set out in Schedule A and for the payment set out therein.
2.2 The Editor will at all times strive to maintain the highest standards of performance and quality output with the goal of minimizing additional time and resources of the Producer particularly in order to decrease revisions. To this end, the Editor will conduct all reasonable and necessary research of the subject matter in advance of commencing the Services.
2.3 Unless otherwise described in Schedule A, all post-production days (1 day) will be calculated on an 10-hour day. This includes, but is not limited to, editing, effects, animation, visual effects, graphic design, DVD authoring, encoding, rendering, exporting, uploading, etc.
2.4 Subject to agreement to the contrary, payment for the services is on a per-project basis (flat rate).
2.5 Each edit will include intro and outro titles as directed by the Producer or as described in Schedule A.
2.6 Each edit will include an acknowledgement in a discreet manner and style at the end of each video and logo as instructed by the Producer, such as: “Shot and cut by Video in Vancouver www.videoinvancouver.com”. Please see other completed videos for an example.
3 Payment
3.1 The Producer shall pay to the Editor payment for the Services as set out in this Agreement.
3.2 Any material change or increase in payment must be agreed upon in advance by both parties.
4 Time of the Essence
4.1 The parties agree that time is of the essence in the performance of the Services. The Editor acknowledges and understands that the Producer’s commitment to the Client requires the Editor to be punctual and on time for all meetings, scheduled engagements and performance of the Services.
4.2 In the event the Editor fails for any reason to carry out to the Producer’s satisfaction any of the Services in an appropriate and timely manner, the Producer may forthwith terminate this Agreement.
5 Reporting and Communication
5.1 Each party shall return correspondence to the other in the manner in which it was presented promptly within four (4) working hours or at the earliest possible convenience.
5.2 All written communication between the Editor and Clients of the Producer shall be copied to the Producer.
5.3 In the event of any unexpected events or difficulties, the Editor will make all efforts to fairly, swiftly and courteously resolve the difficulty with the project while keeping the Producer updated.
5.4 In the event the Editor and the Producer disagree with respect to the resolution of any such unexpected event or difficulty, the Producer’s decision shall prevail.
6 Revisions
6.1 The Editor will provide revisions (edited versions) as set out in this Agreement taking into account all written and verbal communication between the parties, namely a “rough cut”, a “fine cut” and the “final cut” (“picture lock”), each prepared according to highest industry standards and the best efforts of the Editor.
6.2 After each revision, the Producer will provide written comments for the subsequent revision. Unless otherwise described in Schedule A, the timeline for a rough cut is seven days. The timeline for each subsequent set of revisions is four days. Any extension in production of rough, fine or final cuts must be described in Schedule A or agreed upon between the parties.
6.3 Following the revisions, the Editor will produce the Deliverables as set out in this Agreement (such as renders, exports, uploads or DVDs, etc) in the agreed format.
6.4 Each finalized video will be rendered out in an H264 Mpeg4 (.mp4) with 60% compression in SD resolution 640 x 480 and uploaded to the designated FTP server designated in Schedule A. This is followed by a confirmation email sent to the Producer.
6.5 Once the client and the Producer agree that “final cut” has been reached, the Editor will render out a final .omf with 10 second handles and .wav with isolated audio tacks. This will be uploaded to the server under a folder called “final audio”. The Producer and audio technician will be notified.
6.6 Once the audio mix has been completed, the editor will receive the final audio render and will add it to the “fine cut”. He will then render out the final 720p and 1080p H264 - 70% compressed render (and any other renders requested in Schedule A) and upload to the designated server.
6.6 All renders except the “final cut” will have embedded timecode and a “2 pop”. A “2-pop” is one (1) frame of bars and 1khz tone two (2) seconds before first frame of video.
7 Independent Editor
7.1 The Editor is an independent contractor who may not subcontract any of the Services hereunder without the agreement in writing of the Producer.
7.2 Nothing contained in this contract will be construed as having the effect of constituting a relationship of employer and employee between the parties.
8 Ownership
8.1 For the purposes of the Copyright Act (Canada), all intellectual property, including the data, material, footages, photography, drawings, Deliverables and all work product of the Editor for the Producer, shall be the sole and exclusive property of the Producer including, without limitation, all ideas, concepts, themes, stories, plots, characters, copyrights, trademarks and all worldwide rights therein and extensions and renewals.
8.2 The Editor may use footage for demo reel purposes with the Producer’s permission.
9 Backup
9.1 The Editor will save and back up twice all raw footage, edits, graphics, effects and all files relating to all aspects of the Services indefinitely or until it is backed up and transferred to the Video in Vancouver backup system. This includes all project files, graphics, documents, raw footage, animations, renders and all other data relating to the project.
9.2 The Producer will not compensate the Editor for any losses, expenses or additional time for the performance of the Services due to data loss.
10 Confidentiality
10.1 The Editor shall at all times maintain the confidentiality of information entrusted to or obtained in performance of this Agreement.
11 Termination
11.1 The Agreement may be terminated by the Producer upon the failure or refusal of the Editor to perform any of the Services herein in a prompt and timely fashion to the satisfaction of the Producer.
11.2 This Agreement may be terminated by either party by giving reasonable notice in writing.
11.3 The Agreement may be terminated by the Producer upon a material change in the Project being requested by the client or the Editor, and the failure of the parties to enter into an amended agreement with respect thereto.
11.4 Upon termination of the Agreement, each party will promptly return to the other all materials, data and other property of the other.
12 Force Majeure
12.1 Neither party will be liable for any delay in performing its obligations under this Agreement if such delay is caused by circumstances beyond its reasonable control.
12.2 If the delay is caused by an act or omission of a party, that party shall be liable for any costs arising from such delay.
13 Entire Agreement
13.1 This Agreement constitutes the entire Agreement between the parties and supersedes previous agreements.
13.2 This Agreement is governed by the law of British Columbia.
End of Agreement
To accept this agreement, please respond to the email in which we sent this page stating you agree to the terms and want to move forward.
Video in Vancouver – Editor Agrement- 2011
