The Client and KallMeKG Visuals LLC Agree:
This Client Services Agreement (the “Agreement”) is made by and between KallMeKG Visuals, LLC (“KallMeKG”) and:
(the “Client”) pursuant to the following terms and the General Terms & Conditions. The Client and KallMeKG hereby agree to the following:
1. KallMeKG will use its best efforts to create high quality video and photographic images of the premises designated by the Client (“Premises”) to produce a satisfying video and photographic product (with audio or other media) of the Premises, made for the Client (the “Finished Product”).
2. After approving the specifications of the Client, KallMeKG shall submit a detailed invoice to the Client for their services with the payment terms, due with in tewn days of reciept of product.
3. KallMeKG shall furnish the Client with a digital copy of the branded version of the Finished Product via Drop-Box, with a limited license to use the branded version of the Finished Product for purposes of marketing the Premises and/or the Client’s business by any means, for as long as the Client desires. KallMeKG shall also furnish the Client with a link to digital access to the unbranded version of the Finished Product, with a limited license to use the unbranded version of the Finished Product solely in relation to the subject MLS listing of the Premises, until such time as the subject MLS listing for the Premises ceases or expires. All branded delivered products consist of the client’s logo and the KallMeKG logo.
General Terms & Conditons
The Client and KallMeKG agree:
1. KallMeKG's obligation to the Client shall be to timely and professionally render its services to create video and photographs to produce a finished video with photographs and audio (if applicable) of the Premises pursuant to this Agreement (the “Finished Product”). KallMeKG shall be excused from any liability to the Client in the event the Client fails to permit timely access to the Premises by the KallMeKG Staff.
2. The Client represents and warrants it has obtained (i) the unrestricted consent of the owner or occupant of the Premises allowing the full access to the Premises by KallMeKG staff and contractors to videotape and photograph the Premises as needed to produce the Finished Project, and (ii) the acknowledgment of the owner or occupant of the Premises that KallMeKG shall be the exclusive owner of the Finished Product and/or the Raw Images as set forth herein.
3. The Client acknowledges that if the shoot date is rescheduled within less than 24 hours, clientmay incur an additional fee of 25% of the total invoice with be due.
4. The Client acknowledges this is not a work made for hire agreement. KallMeKG shall be the exclusive owner of the Finished Product, copyrights and other intellectual property rights and of all the original and edited content, videos and photographs created by KallMeKG to produce the Finished Product (the “Raw Images”). KallMeKG may edit the Raw Images by any means convenient to create the Finished Product. The Client acknowledges that it does not have any claim of ownership or claim of copyright, patent, or other intellectual property rights to the Finished Product and/or the Raw Images.
5. KallMeKG may (i) use the Finished Product and/or the Raw Images for any use on its website, their offices, in printed media, and for any other promotional, advertising, marketing or public relations activities or efforts by KallMeKG without limitation or restriction.
6. The Client shall not, directly or indirectly, (i) solicit or attempt to solicit any employee or contractor of KallMeKG to terminate their employment or contractor relationship with KallMeKG, or (ii) hire or attempt to hire any employee or contractor of KallMeKG, for any reason without the express written consent of KallMeKG.
7. The parties agree that the relationship between the parties shall be governed in accordance with Connecticut law; that in the event of any litigation arising from the Agreement or the relationship between the parties, same shall be adjudicated under the laws of the State of Connecticut; that the prevailing party shall be entitled to recover its reasonable attorneys fees and costs; that venue shall lie exclusively in Connecticut; and, that each of the parties expressly waive the right to a trial by jury.