LIVE STREAMING SERVICES AGREEMENT
Terms and Conditions
Published: May 11, 2019 (CURRENT)
THIS LIVE STREAMING SERVICES AGREEMENT ("Contract") between DIGITAL HARMONY PRODUCTIONS (hereafter “DHP”, “Digital Harmony”, "dhplive.com", “Contractor”, or “Company”) and the Customer (hereafter referred to as “CLIENT” or “CUSTOMER”) is made and effective upon CLIENT signing a printed copy of this agreement, acceptance via email referencing the agreement, by placing an order that includes a link to this agreement or on initial or full payment of an invoice that includes a link to this agreement. CLIENT agrees to be bound by these terms and conditions, whether or not CLIENT has read them. DHP may at its sole discretion modify these terms and conditions at any time and any modifications shall apply immediately upon the posting of these modifications to this website, unless otherwise agreed upon in writing with the CLIENT. Previous versions of this agreement are available for review at the bottom of this page.
1. Scope of Work:
DHP will perform live streaming services and provide deliverables to the client CLIENT as described in the contract or invoice (hereafter referred to as 'CONTRACT') that references this agreement. Services and deliverables will take place at the event and time (hereafter referred to as “EVENT” or “the EVENT”), and place (hereafter referred to as “VENUE” or “the VENUE”) described in the CONTRACT. DHP has no obligation to provide or deliver any services or deliverables not included in the CONTRACT.
In consideration for the services and deliverables provided by DHP, CLIENT agrees to pay the sum described in the CONTRACT. The CONTRACT may require and initial payment in order to reserve the crew’s time. This initial payment is not a retainer or deposit. On completion of initial payment, DHP agrees to not advertise availability of this same time slot as described in the CONTRACT, to any other potential clients. Cancellations can be made up to 21 days prior to the EVENT start date for a full refund of the initial payment. After this, the initial payment is not refundable. The balance of the payment for services and deliverables must be paid prior to start of the EVENT detailed in Section 1: Scope of Work. All payments must be made by Check payable to "Digital Harmony Productions" or by Credit Card.
3.1 DHP and CLIENT agree that while DHP will make every attempt to meet specific requests at the event, DHP is under no obligation to address any such requests during the EVENT.
3.2 If DHP is unable to perform the services in this contract due to any cause outside its control, client agrees to indemnify DHP for any loss damage or liability
3.3 CLIENT agrees to indemnify and hold harmless DHP for any liability, damage, or loss related to technological failure.
3.4 CLIENT understands and agrees that DHP has the right to interrupt the performance of duties in the event of inclement weather or any other conditions which DHP or CLIENT regard as hazardous to any person or persons. Any such interruption, postponement or cancellation of services shall not affect DHP’s fees specified in section 2.
3.5 CLIENT agrees to hold DHP harmless for any personal injury which may occur as the CLIENT works with DHP.
3.6 DHP will strive to present services and deliverables in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.
3.7 CLIENT understands that services rendered under this CONTRACT require a stable and high quality internet connection of at least 10 Mbps upload speed and 5 Mbps download speed, in order achieved a good quality live stream. DHP is not responsible for the quality of internet provided by CLIENT or VENUE. DHP will attempt to provide cellular bonded internet service, however speeds are governed by wireless service coverage in the area of the VENUE. CLIENT understands that this is not within DHP's control. In all cases, DHP will make trade offs in resolution (1080p or lower) in order to attempt the most stable watchable stream.
3.8 CLIENT understands that live streams are delayed by several seconds (typically 30 seconds or more) from the live event. Delays are dependent on several factors including but not limited to internet connection upload speed and stability, resolution of video being streamed, destination streaming platform e.g. YouTube, Facebook, Twitch), delay introduced on purpose at the time of streaming, viewer's internet connection speed and stability, and device used for viewing the stream.
3.9 CLIENT understands that unless otherwise specified in the CONTRACT, DHP will live stream a single video source. Such video source may be provided by CLIENT, or by DHP through the purchase of Live Video services.
4. Duty of Client
4.1 CLIENT will obtain all permissions necessary for DHP to provide services and deliverables detailed in Section 1: Scope of Work, at the EVENT. DHP has no duty to obtain permission of reception centers, religious institutions, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to DHP, or which prevent DHP from performing services at the EVENT is not the fault, liability, or responsibility of DHP.
4.2 CLIENT will ensure adequate parking immediately adjacent to the staging area for the loading and unloading of equipment and parking/vehicle access permits to DHP and its designated vehicles. Parking shall be reserved in advance for any vehicle DHP may need in the performance of duties during the term of this Agreement.
4.3 CLIENT shall provide adequate security to protect the DHP’s equipment and crew during the term of this Agreement.
4.4 CLIENT shall provide the electrical power and circuits necessary for DHP to perform this service.
5. Exclusive Creative Service Provider
CLIENT agrees and understands that no other party other than DHP may operate any equipment, or setups made by DHP for services detailed in Section 1: Scope of Work, without express consent of DHP. This slows down the creative crew’s work and violates the DHP’s right and ability to provide these services at the event. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of DHP.
6. Copyright, Ownership and Right To Use
CLIENT agrees and understands unless otherwise specified in the CONTRACT, that DHP owns the copyright and retains ownership of all deliverables whether preliminary or final, provided to CLIENT by DHP under this CONTRACT. CLIENT retains unlimited right to use of delivered assets. If transfer of copyright and ownership of all rights is desired, or if CLIENT wishes the ownership of the rights to specific deliverables, these may be purchased for an additional fee, to be determined by DHP upon request.
7. Model & Property Release
CLIENT grants permission to DHP and its assigns, licensees, and sub-licensees, permission to use CLIENT’S, patrons’, employees’ or attendees image or likeness, or the property or venue, in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. DHP may use CLIENT’S likeness and image on DHP’s website or other advertising. DHP may sell photos or video containing CLIENT’S likeness to third parties.
8. Assignability and Parties of Interest:
CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific crew member. DHP may sub-contract or assign this contract to any vendor, and DHP may assign any crew member(s) associated with the COMPANY to perform its duties under this contract. All crew members and vendors must be capable and competent to perform the services in a workman like manner.
9. Equipment: DHP reserves the right to replace any AV equipment listed in the CONTRACT, with comparable equipment, at any time without prior notice to the CLIENT.
10. Governing Law: This Contract shall be construed and enforced according to laws of the State of California.
April 16, 2019
January 8, 2018