SERVICE AGREEMENT

We are pleased that you have selected JECP LLC to assist you with branding services. 

 

When awarding us your project you are investing in the future of a small business, continuing our operations, providing jobs for freelancers, and giving us an opportunity to be a part of your music career. We love the work we do, appreciate the artists who trust us, and want to keep moving this business forward. It’s our honor to serve you.

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SCOPE OF WORK

Each project has it’s a combination of services and these are expectations of each body of work:

 

Video 

All video work created by JECP will be of high resolution in formats accepted and optimized for various platforms; social, web, broadcast, and streaming. Delivered through dropbox for smoother sharing of content. These specifications are in relationship to your proposal/package attached to this contract.

Photo 

All photo work created by JECP will be of high resolution in formats accepted and optimized for various platforms; social, web, design, and print. Delivered through dropbox for smoother sharing of content. These specifications are in relationship to your proposal/package attached to this contract.

Design 

All design work created by JECP will be of high resolution in formats accepted and optimized for various platforms; social, web, design, animation, and print. Delivered through dropbox for smoother sharing of content.

Strategy/Communication

JECP knows each project tool is important, but the primary tool for making each one successful comes from communication. With great communication, these all work together or separately at their maximum ability. Strategy and communication come together and execute through the above tools. This is a group effort. We promise to communicate clearly, directly, and with care. In return, we ask you to share those same qualities.

Production

With production, we will implement problem-solving, remain safe, and ensure everyone is informed throughout the production. We will assign and Project Manager/Director/Producer who will be a key point of contact throughout your day. It is expected that the day's schedule is respected and both parties come prepared on the day of production.

Post-Production

Our deadline will be met unless communicated beforehand in relation to the agreed package. We run an internal rough cut, before fine-tuning our project to the fine cut is first to see our client's eyes. We award one round of clear revisions and fast track the process after for a quick final cut. Additional revisions land at $100/hr for further tuning.

 

EXPENSES

In addition to the projects fees, you will be responsible for certain disbursements, expenses, and other costs JECP incurs in connection with this agreement, in the following circumstances:

 

If a person in relation to the client doesn't respect property, JECP, equipment, or crew and it results in physical damage or injury, the client is responsible for 100% of the cost resulted. 

 

Be nice. Be respectful. Collaborate. If these simple ideas are followed there is nothing to worry about. Accidents happen, malicious acts are not accepted.

 

Unless special arrangements are otherwise made in writing, fees and expenses of others will be your responsibility and will be billed directly to you. These costs will be approved by you, in writing, in advance of being incurred. You will be invoiced for all reimbursable expenses, together with appropriate documentation evidencing such expenses. Reimbursable expenses shall be paid by you within 14 days of the date of invoice.

 

Our packages cover production and post-production. Additional fees in location, talent, props, etc will be billed separately from the package unless specified with your Project Manager. This information is within the proposal.

 

PAYMENT STRUCTURE

JECP utilizes a 25/50/25 payment agreement for projects. This structure is 25% down to secure your proposed project/treatment and draw up this service agreement. This is non-refundable after paid. An additional 50% is due 14 days before the production date. Once the two-week window is entered this payment is non-refundable/non-negotiable. The final 25% is due on a net 30 days after the production date and is non-negotiable. This protects our business, define clear rules, and are meant to make the payment process structured.

 

All invoicing is through PayPal from staycreative@jemerickcinemaphoto.com These invoices are shareable, can be paid in partial amounts, and meant to keep the sales process convenient. We accept PayPal, PayPal financing, credit/debit cards, cash + check. Checks are made out to 

J. Emerick Cinema & Photo, LLC or Josh Emerick.

 

We send out google calendar invites for the due dates of payment, the amount due and a link directly to your PayPal invoice for automated collections.

 

LATE PAYMENT PENALTY

JECP reserves the right to impose an interest charge equal to 5% on any fees or invoiced reimbursable expenses that remain unpaid after 7 days. Every 7 days that past result in an additional 5%. 

 

CONDITIONS TO OUR SERVICE OF PERFORMANCE

Prior to commencing the performance of services, you agree to first: 

 

Designate a primary point of contact who is responsible for decisions 

and for answering and resolving questions and issues: JOSH EMERICK

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We need cooperation, communication, the reason for our understanding of creation/strategy, and for the client to follow the plan of the proposed project. 

 

In order for JECP to perform services for you in an effective and efficient manner, you agree to:

 

Provide all information, content, and documentation that JECP may request from you or that may otherwise be useful to us in connection with the performance of services; and 

 

Immediately advise JECP of any changes to your operations or other information that may require a change in the scope or particulars of the services. 

 

If you want to increase or decrease the scope of the services described above, or want to add additional services, JECP requires that any such changes be mutually agreed to in writing and attached to this agreement as an addendum.

 

HANDLING OF DISPUTES

This agreement will be governed by and construed in accordance with the laws of OH. Any dispute that arises relating to this agreement shall be settled by arbitration in Columbus, OH, in accordance with the rules of the American Arbitration Association, provided that discovery shall be governed by the civil procedure rules of OH or any successor statute, and judgment upon the award rendered may be entered in any court having jurisdiction. You agree to waive any objection to the jurisdiction of such a venue.

 

Notwithstanding the preceding paragraph, with respect to the collection of past due to monies that you owe to JECP in accordance with the terms of this letter agreement equal to or less than the jurisdictional limit for small claims court in OH, JECP shall be permitted, in JECP's sole discretion, to bring a summary proceeding against you in such court and you agree to waive any objection to personal jurisdiction or venue, and any right to a trial before a jury, in any proceeding in these courts. You agree to pay all costs and expenses, including but not limited to; reasonable attorney fees and court costs, for the collection and/or enforcement of any obligation under this agreement, whether or not a lawsuit or arbitration is commenced.

 

TERMINATION

This agreement will continue until completion of the services unless terminated earlier by either party upon 30 days advance written notice. Should either party terminate this agreement prior to the end of the term, you will pay to JECP the unpaid portion of fees for services that were performed, plus all unpaid reimbursable expenses.

 

Notwithstanding the previous paragraph, if you intentionally or repeatedly do not abide by these terms, and the situation is not resolved within 10 days of receiving written notification from JECP, we reserve the right to end the project immediately.

 

Independent contractors are variables we consider with every project and fast communication is absolutely needed in order to serve those relationships with proper respect. 

 

 

 

INDEPENDENT CONTRACTOR

This agreement shall only be amended upon the written approval of both parties. The client is not permitted to assign your rights, duties, or obligations under this agreement to any other party without JECP's prior written consent.

 

This agreement constitutes the entire agreement between the client and JECP with respect to the performance of the services set forth above. This agreement supersedes any previous agreements between these parties relating to the performance of these services.

 

Clients Acknowledgement

Client certifies that they have read and agree with the preceding Disclaimer.

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