1. SCOPE OF SERVICES
1.1. Contractor shall provide media services as specified in individual
Statement of Work (SOW) documents attached to this Agreement.
1.2. Each SOW shall detail specific deliverables, timelines, and
compensation.
2. PAYMENT TERMS
2.1. Payment schedule and rates shall be specified in each SOW
2.2. Invoices are due within [30] days of receipt
2.3. Late payments will incur interest at 3% per month
3. INTELLECTUAL PROPERTY
3.1. Contractor retains all rights to work until final payment is
received
3.2. Upon full payment, Client receives [specify rights transferred]
3.3. Contractor retains right to use work in portfolio
4. CONFIDENTIALITY
4.1. Both parties agree to maintain confidentiality of proprietary
information
4.2. Confidentiality obligations survive termination of agreement
SAFETY AND LIABILITY
5.1. Safety Protocols
- Contractor will provide safety briefing before production
-Client/participants must follow all safety instructions
- Right to stop production for safety concerns
5.2. Liability and Indemnification
- Client shall maintain appropriate insurance coverage
- Client indemnifies Contractor against third-party claims
- All participants must sign liability waivers
- Contractor not liable for injuries from:
* Failure to follow safety instructions
* Pre-existing medical conditions
* Inherent risks of activity
5.3. Emergency Procedures
- Emergency contacts must be provided
- First aid kit location will be identified
- Emergency exit routes will be marked
- Nearest medical facilities will be identified
6. TERMINATION
6.1. Either party may terminate with [30] days written notice
6.2. Client shall pay for all work completed through termination date
STATEMENT OF WORK
Project:
Date:
1. DELIVERABLES
- a movie file with sound will be available for download for the client in the cloud
- 1920 x 1080 HD resolution file
2. TIMELINE
- Project Start: (date)
- Milestones:
- Final Delivery: (date) 30 days from project start
3. COMPENSATION
- Project Fee: $
- Payment Schedule:
* 50% upon signing
* 100% upon completion
4. REVISIONS
- small fixes and title credit changes are free
- timely revisions are billed at $50/hour
I, (client name) , hereby authorize Phantomorphic Media to use, reproduce, and distribute the media materials produced under our agreement for:
- Portfolio/promotional purposes
- Social media marketing
- Professional networking
This authorization is:
□ Perpetual
Restrictions (if any):
COPYRIGHT ASSIGNMENT AGREEMENT
1. ASSIGNMENT
Upon receipt of full payment, Creator assigns to Client the following
rights:
☑️ All rights, title, and interest
□ Limited usage rights as specified:
2. CREATOR RETENTION
Creator retains the right to:
- Include work in professional portfolio
- Use for self-promotion
3. CREDIT AND ATTRIBUTION
□ Credit required
☑️Credit not required
Attribution format: Phantomorphic Media
PROJECT CANCELLATION AGREEMENT
If project is canceled:
1. PAYMENT
- Client shall pay for all completed work
- ☑️ 20% kill fee for remaining project value
2. RIGHTS
- All rights revert to Creator
- Client may not use any delivered materials
3. MATERIALS
- All materials must be returned
- Confidentiality obligations remain in effect
WAIVER AND RELEASE OF LIABILITY
IN CONSIDERATION OF the risk of injury that exists while participating in Phantomorphic Media's project (hereinafter the "Activity"); and
IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and
voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive anyand all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge Phantomorphic Media, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releases"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.
I FURTHER ACKNOWLEDGE that Releases are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releases. In the event that I should require medical care or treatment, I authorize
Phantomorphic Media to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly
trained, and I agree to abide by the decision of the Phantomorphic Media official or agent, regarding my approval to participate in the Activity. I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Phantomorphic Media AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Phantomorphic Media FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Phantomorphic Media its agents, and employees. I agree that this Release shall be governed for all purposes by California law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength.
Both Participant, and Phantomorphic Media agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
In the event of an emergency, please contact the following person(s) in the order presented:
Emergency Contact:
I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN
FREE WILL.
Participant's Name:
Participant's Address: