CEDIA Expo
Price:
$21,515.00
PRODUCTION CONTRACT
This agreement (hereinafter referred to as “Agreement”) is made effective as of 3/6/2024, by and between TVPBN.com Television Public Broadcast Network (hereinafter referred to as “Producer”) EmeraldDX.com and Alyson Robb and (hereinafter referred to as “Client”).
PURPOSE OF AGREEMENT. Client is producing an Tradeshow located at Denver Colorado Convention Center and, . Producer agrees to produce a live stream and/or video/audio recording production(s) (hereinafter referred to as “Production”) in the time, price, and specifications determined in this Agreement after payment is received in accordance with the terms of this agreement. Client agrees to the following production elements in accordance with the Terms and Conditions of this Agreement:
Production Elements:
4 Day Expo starting on Wednesday September 4 to Saturday September 7, 2024 inclusive.
Video capture of all Smart Stage sessions, 2 camera angles (exact times TBD, expected to be 11am-5pm Thursday, 9-5pm Friday, 9-3pm Saturday)
Video capture of all CIX Stage sessions, 1 stationary camera (exact times TBD, expected to be 11am-5pm Thursday, 9-5pm Friday, 9-3pm Saturday)
Capture of show floor, conference, and testimonials (9am-5pm Wednesday, Thursday, and Friday) Production of post-show videos
1 general CEDIA Expo recap/sizzle 1 general CIX recap/sizzle
1 co-branded recap/sizzle
2 segment-specific videos, subjects TBD Hotel and travel for video team
This includes three separate camera crews with two live-switched cameras per stage, video switcher, audio and powerpoint/presentation integration synced live from the house mix into the video recording at both stages, camera crew with one camera, two wireless lapel and/or handheld microphones on the showroom floor and professional reporter/interviewer available. The client can provide the interviewer or you can use ours. Geoffrey Hill, our interviewer, has over 40 years experience on-camera as TV talent most recently as a late-night show host interviewing numerous guests from all walks of life and can handle any interview scenario comfortably. You can provide a list of relevant questions/points you want covered or let Geoffrey come up with a list on the spot.
All travel expenses are included in this stated price. Crews will arrive Tuesday afternoon for setup Tuesday evening or early morning Wednesday depending on the situation at the stages.
Edited videos will be finalized according to client specifications. Reasonable revisions are allowed within a 3-day post- production timeframe. It is anticipated that post-production will take approximately 3 days, not necessarily consecutively. In case the editing process extends beyond this timeframe, additional editing fees of $50 per hour will apply.
Clients may request as many revisions as necessary, provided they are within the allocated 3-day work period. If a client requests revisions after spending the initial 3 days on edits, an extra charge of $50 per hour will be incurred.
Client is responsible for providing relevant logos, artwork, music and additional supporting content outside of what our camera crews acquired in-camera. The client is responsible for all copywrite licensing as needed.
I, Alyson Robb, , EmeraldDX.com, representing firm / self / organization, agree to the above stated production elements, agreement, features, and details and order the above stated production be produced by the Producer starting on 9-4-2024 for the starting price of: $21515.00 minus previous store credits of $0 for a total due of: $21515 plus travel expenses when applicable and agreeable to both parties), . I agree that the amount of $7000.00, which must accompany this agreement in order for the Producer or agents thereof to produce services/production, is for the purpose of retaining and scheduling the specified production written above, is non-refundable and must be paid in full prior to any production scheduling. I agree that production services will not be scheduled and will not commence until the Scheduling Payment in the amount of $7000.00 has been paid in full. Payment can be mailed to: TVpbn.com, P.O. Box 11 New Plymouth, ID 83655
I agree that the remaining balance is due and payable in full via electronic or financial institution instrument no later than 8/21/2024 and will be $14515. I agree that failure to pay the remaining balance in a timely manner as specified will constitute material default of this Agreement by the Client and will release the producer and agents from all obligation to the Client past, present, and future.
This contract shall allow for approximately TBD hours or 4 working day(s) of service. Production start time is flexible but will be approximately: 9AM and production end time will be approximately: 5PM each day.
Client/Company/Organization Name: Alyson Robb, , EmeraldDX.com
Address:
City: State: Zip:
Phone: Phone:_______________________________________ Email Address:
COMPLIANCE WITH LAW. This Agreement is subject to all applicable federal, state and local laws. The producer and client agree to cooperate with each other to ensure compliance with such laws.
PRODUCT STANDARDS. The Production shall comply with the Client’s quotation dated3/6/2024 and incorporate into this Agreement by this reference.
TITLE / RISK OF LOSS. Client shall pay production costs in accordance with this agreement instructions, Producer shall be responsible for production methods and both shall bear equally all risk of damage or loss until the production is complete. Client is responsible for providing at least one hardwired internet connection and constant rate bandwidth of at least 100mbps up and downlink and must be delivered via cat-5 network cable on location to the assigned area of the production "master control" if the event is held in a physical event facility. If the event is "virtual" the producer will be responsible for providing proper internet connection to the producers studio. The producer is not liable for the clients or agents or presenters or event attendees internet connection, computer or connected devices hardware or software.
The producer will make all efforts to assist clients, presenters, agents and attendees in connecting to the livestream network and event web portal but the producer is not liable if clients, presenters, agents or attendees are unable to connect to the livestream network or event web portal.
PAYMENT. Scheduling Payment shall be made in the form of Cash, bank-issued Cashier’s Check, United States Post Office issued Money Order payable to “TVPBN. COM” or through our website store at www.tvpbn.com/store or electronic format to
Client fails to pay for the production when due, Producer has the option to treat such failure to pay as a material breach of this Agreement, and Producer retains the right to cancel this Agreement and/or seek legal remedies. If in the event that the Client disputes the contract or charges resulting in withdraw or withholding of funds by any financial transaction processor, (ie; credit card processor, bank or the equivalent institution), the Producer will immediately cease all production and marketing until financial remedies have been rendered by the Client using bank issued Cashier's Checks made payable to "TVPBN" in the amount due on this contract plus interest, fees, penalities and any other related costs incurred by the Producer as a result of the Client's actions.
DELIVERY. Time is of the essence in the performance of this Agreement. Client may need to provide certain music or other products for production. Client failure to provide certain music or other products will automatically authorize Producer to determine appropriate music or products for the production or marketing of products or production and the Client agrees to accept the decisions of the producer as final and shall not debate or contest and will accept "as is" without dispute or remedy.
PAYMENT OF TAXES. Client and producer both agree to pay all taxes of every description: federal, state, and municipal, that arise as a result of this agreement independently of each other and shall exclude income taxes.
WARRANTIES. Producer warrants that the production or products shall be free of substantive defects in material and workmanship. Producer shall in no event be liable for any incidental, special, or consequential damages of any nature, even if Client has been advised of the possibility of such damages.
INDEMNITY AND LIABILITY. Client agrees to hold Producer harmless and to defend any and all actions, claims, suits, or proceedings that may subject Producer to liability for defects in the production or products.
INSPECTION. Client, upon receiving possession of a material Product/s, shall have seven (7) days to inspect the Product/s to determine if the Product/s conform to the requirements of this Agreement. If Client, in good faith, determines that all or a portion of the Products are non-conforming, Client may return the Products to Producer at Client’s expense. Client must provide written, signed notice to Producer of the reason for rejecting the Products. Producer will have 90 days from the return of the Products to remedy such defects under the terms of this Agreement. Client's sole remedy for product satisfaction shall be a re-edit of products. Products produced by the Producer are a software and may be easily copied or stolen. Therefore, there shall be no refund for any Product after Client takes possession of the Products. There shall be no financial remedy of any nature for any reason whatsoever from 3/6/2024 and in perpetuity.
DEFAULT. The occurrence of any of the following shall constitute a material default under this Agreement: A. Client's failure to make a required payment when due.
B. The insolvency or bankruptcy of the Client. C. The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
REMEDIES ON DEFAULT. If the client defaults by failing to substantially perform any provision, term, or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the Producer may terminate the Agreement by providing written notice to the defaulting Client. This notice shall describe with sufficient detail the nature of the default. The Client receiving such notice shall have 7 days from the effective date of such notice to cure the default(s). Unless waived by the Producer providing written notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement. Upon payment default, the Client shall pay the non-discounted original price of the Agreement plus interest within 7 days. Failure to pay the non- discounted original price of the Agreement will constitute default on the Agreement and the Agreement will terminate automatically with no further product or service delivery requirements in perpetuity.
FORCE MAJEURE. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (hereinafter referred to as “Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm, theft, death, terrorist action, transportation accident or significant delays or other similar occurrences, orders or acts of military, civil authority, or by national emergencies, insurrections, riots, wars, strikes, lockouts, or work stoppages, hardware or software error, destruction or failure. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party or its employees, officers, agents, or affiliates. Client's remedy of Force Majeure shall be limited to a maximum of $100 and the Client shall consider the Agreement fulfilled in entirety.
TERMINATION BY NOTICE OR UPON BREACH. You may terminate your this Contract at any time prior to expiration by written communication to Producer. The Producer may terminate this Contract as a result of breach of any of the provisions of this Contract. Producer may also take actions short of termination of this Contract, if you breach any of its provisions. In determining what actions to take in the event of breach of this Contract, the Producer may consider without limitation the nature and severity of the breach, whether the breach can be or has been cured following notification by Producer of the existence of the same, and whether there are multiple simultaneous, serial or repeating breaches. If you do not agree with action taken by Producer under this paragraph, you may submit your dispute to the Producer by written response to P.O. Box 11, New Plymouth, Idaho 83655.
MODIFICATION OF TERMS. The terms of this Contract may not be modified without written approval of both parties.
JURISDICTION AND GOVERNING LAW. Except to the extent that the Federal Arbitration Act applies, the formation, construction, interpretation, and enforceability of this Contract shall be governed by Idaho law, without giving effect to any choice of law or conflicts of law rules or provisions (whether of the State of Idaho or any other jurisdiction) that would cause the application of laws of any jurisdiction other than the State of Idaho. The place where this Contract is made is Idaho. Notwithstanding the language of this Agreement, the English language version of the Agreement shall govern.
MISCELLANEOUS. The provisions of this Contract with Producer are severable. In the event that an arbitrator or court of competent jurisdiction determines any portion of this Contract is unenforceable in any respect, then it shall enforce the rest of this Contract to the fullest extent permitted by law without affecting the enforceability of the remaining provisions of this Contract. No waiver of any default or breach of any provision of this Contract, or failure to enforce rights contained therein, shall operate as or be deemed a waiver of any subsequent default or breach. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The provisions of this Contract, including all documents incorporated herein by reference, embody the whole agreement between the Client and the Producer and supersede any prior agreements, understandings and obligations between the Client and the Producer concerning the subject matter of this contract with the Producer as of this date 3/6/2024.