Services Agreement
Thank you for choosing Evan Cole Barnes LLC to produce and implement a film exclusively for your
organization. We are excited to work with you to reach individuals who need support as well as solidify
your mission, vision and promise through a professional video.
THIS AGREEMENT, a fully produced film, entered into on this date _____________________________
by and between Evan Cole Barnes LLC a Greenville, South Carolina limited liability company, with a
mailing address of 226 Asbury Avenue, 29601, and;
Client Name:_______________________, whose address is: ________________________
The Client and The Company agree as follows:
1.The Services
Setup Services
As part of the Setup Services, the company will:
Setup Services Include:
A. Conducting marketing research for industry best practices
B. Developing a powerful message for the film
C. Writing video scripts or concepts
D. Planning and scheduling shoots
E. Producing video(s) for client
F. Editing video(s)
G. Obtaining feedback from client
H. Creating final version of video(s)
I. Receiving final approval from client
J. Completing video production for client
K. Delivering 3 total video edits (different aspect ratios) to cater for specific use
Client Requirements.
Client agrees to provide the following items in the time frame stated:
For Setup, the client will provide:
A. Appropriate information necessary for production. (Locations, contact information, clearance)
B. Effective communication to ensure service runs smoothly and efficiently
C. Video feedback
2. Compensation and Payment.
A. Set up Fee: For the Services described in Section 1A-K, Client will pay [ $21,000 ] in setup fees.
Set up, as outlined in Section 1A, can take varying lengths of time, but will usually take around 4-6
weeks to deliver from the first day of production.
B. The following provision applies to the authorization of repeated credit or debit card authorizations,
only:
3. Term
This Agreement will commence on the effective date first set forth above and will continue for a mini-
mum period of _________ regardless of the Client’s delivery of content, and then will continue on a 6 or
12 month basis unless otherwise terminated by The Company or Client or unless otherwise agreed to
by The Company and the Client. (DOES NOT APPLY)
4. Termination
In the event that the Client desires to terminate the Services hereunder, the Client must submit a written
request to The Company at least seven (30) days prior to the desired date of termination. Written re-
quests to terminate may be made by mail or e-mail. If Client chooses to terminate this agreement in
writing, all monies owed to The Company will be due immediately and will be automatically charged to
the Client’s payment method on file. Under no circumstances will The Company give refunds of the
amount paid for the Services hereunder.
5. Ownership of Materials
The Company and Client shall retain the creative rights to all original materials, data and similar
items, produced by The Company hereunder in connection with the Services under this agreement.
All services and software used by The Company and Client shall at all times be the sole property of
The Company and Client. The Client is licensed to use all creative materials: raw footage and cre-
ative content, produced by The Company for its original use as well as any future use including so-
cial media posts, marketing campaigns, events, etc.
6. Proprietary Information and Use of Materials
A. Except as provided elsewhere in this Agreement, all information disclosed by one Party to the other
Party, shall be deemed to be confidential and proprietary (_______________________________).
Such Proprietary Information includes, without limitation, information regarding marketing, sales
programs, sales volume, sales conversion rates, sales methods and processes, sales proposals,
products, services, vendors, customer lists, training manuals, sales scripts, telemarketing scripts,
names of investors, and customer information, operating procedures, pricing policies, strategic
plans, intellectual property, information about a Party’s employees and other confidential or Propri-
etary Information belonging to or related to a Party’s affairs. The receiving Party acknowledges and
agrees that in any proceeding to enforce this Agreement it will be presumed that the Proprietary
Information constitutes protectable trade secrets, and that the receiving Party will bear the burden
of proving that any portion of the Proprietary Information was publicly or rightfully known and dis-
closed by the receiving Party. The Parties, their employees, subsidiaries, affiliates, agents, and as-
signs agree to hold all Proprietary Information, regardless of when or how disclosed, in strict confi-
dence and with not less than the same degree of care that they provide for their own confidential
and proprietary information. The Parties warrant and represent that the degree of care contemplat-
ed herein is adequate and the Parties will take any and all steps reasonably necessary to preserve
such Proprietary Information.
B. Nothing in this Agreement shall prohibit or limit the receiving Party’s use of information that can be
demonstrated as: (a) previously known to the receiving Party, (b) independently developed by the
receiving Party, (c) acquired from a third party not under similar non disclosure obligations to the
disclosing Party, or (d) acquired through the public domain through no breach by the receiving Party
of this Agreement.
C. License. Client grants The Company a limited, nontransferable, nonexclusive license to copy, use,
store, set up, publicly display, publicly perform and transmit any trade names, trademarks, service
marks, copyrights, content, text, images, software, functionality, page and other design and layout,
media and other materials therein and solely in connection with creation of the Campaign and direct
response marketing in accordance with this Agreement. Other than as specifically provided herein,
the Parties, their employees, subsidiaries, affiliates, agents and assigns, shall make no disclosure
of any Proprietary Information without the express written consent of the other Party. In addition,
neither Party shall use the Proprietary Information for any purpose other than purposes related to
their business relationship as laid out in this Agreement. In the event that the receiving Party is re-
quired by applicable law, rule, regulation or lawful order or ruling of any court, government agency
or regulatory commission to disclose any Proprietary Information, the receiving Party understands
that the disclosing Party may desire to seek an appropriate protective order or take steps to protect
the confidentiality of such Proprietary Information. Consequently, the receiving Party agrees that it
will provide the disclosing Party with prompt notice of such request(s).
D. Portfolio Release. Client agrees that The Company has the right to use materials created pursuant
to this Agreement for The Company’s portfolio, samples, self-promotion including advertising for
The Company’s business including without limitation Facebook or Instagram, or any other social
media platform. In the event Client wishes to exclude some specific materials from the release un-
der this paragraph, or to limit the time period of such release, The Company and Client may agree
in writing to such limitation.
E. Remedies. The Parties acknowledge that the Proprietary Information exchanged is valuable and
unique and that disclosure in breach of this Agreement will result in irreparable injury to the ad-
versely affected Party, for which monetary damages, on their own, would be inadequate. According-
ly, the Parties agree the adversely affected Party shall have the right to seek an immediate injunc-
tion enjoining any such breach or threatened breach of the Agreement.
7. Additional Services
All services outside the scope of this Agreement that are requested by the Client and which The Com-
pany agrees to perform will be billed at a rate of [$200] per hour or [$50] per photo. Client will be noti-
fied and must approve in writing (email is sufficient) additional services before they will be performed,
although The Company may not necessarily be able to inform Client in advance of the total cost of such
additional services. Client will also be given opportunity to purchase additional services at package
rates, when deemed appropriate by The Company.
8. Limitation of Liability
The Company shall not be liable for any incidental, consequential, indirect or special damages, or for
any loss of profits or business interruptions caused or alleged to have been caused by the performance
or nonperformance of the Services. Client agrees that, in the event The Company is determined to be
liable for any such loss, Client's sole remedy against The Company is limited to a refund of payments
made by Client for said Services, less expenses paid to subcontractors or to third parties. The Compa-
ny is not responsible for errors which result from faulty or incomplete information supplied to The Com-
pany by Client. Client also agrees to not seek damages in excess of the contractually agreed upon limi-
tations directly or indirectly through suits by or against other parties. The Company shall not be liable to
Client for any costs, damages or delays due to causes beyond its control, expressly including without
limitation, unknown site characteristics; changes in policies, changes in terms of services.
9. Handling of Disputes
The Parties agree that any dispute regarding this Agreement, and any claim made by Client for return of
monies paid to The Company, shall be handled in accordance with applicable State and Federal laws.
Specifically, if Client cancels credit card payments after the three day cancellation period permitted by
law, this Agreement is immediately terminated, and The Company reserves the right to dispute such
cancellation and pursue Client for monies owed to The Company for services already performed but
unpaid by Client due to such credit card cancellation. Client agrees that, regardless of whether Client is
ultimately successful in any credit card cancellation dispute, it is liable to pay The Company for the work
already performed as of the time of the cancellation request, at an hourly rate of $200 per hour for all
hours spent on Client’s project. The Company will provide Client with an itemization of hours spent with-
in a reasonable time upon the request of the Client and payment will be expected in full within 30 days
from the date such itemization is provided. If Client does not pay for such hourly work upon The Com-
pany’s demand and within 30 days, The Company reserves the right to initiate an action in court for
breach of contract, regardless of the previous outcome of any credit card cancellation dispute. Addition-
ally, if The Company is successful in any credit card cancellation dispute, The Company reserves the
right to pursue Client for the costs The Company had incurred in disputing or defending such credit card
cancellation, including but not limited to the lost business profits in the form of time The Company and
its representatives spent handling such dispute, at The Company’s hourly rate of $200.
10. No Guarantee
The Company does not warrant or guarantee any specific level of performance or results. Example
of results obtained for other clients of The Company may be used as a marketing tool and shown to
Client for demonstrative purposes only and should not be construed by Client as indicating any
promised results or level of results.
11. Communications
Client agrees the communication is to be via email or text only, the email address to use is
[email protected] If the Client wishes to speak on the phone, the Client should send an
email or text to The Company stating that you would like to schedule a phone call and The Compa-
ny will work with the Client to arrange a time. The Company’s office hours are Monday through Fri-
day 8:00 AM - 4:00 PM Eastern Standard Time (EST). The Company typically responds to email
within 24 hours excluding standard public holidays, and responds to text within 12 hours.
12. Objectionable Content The Company has full jurisdiction to deny the creation of any content that
is deemed objectionable by The Company’s standards.
13. Entire Agreement
This Agreement is the final, complete and exclusive Agreement of the Parties. No modification of or
amendment to this Agreement shall be effective unless in writing and signed by each of the Parties.
14. Sever ability
If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, such provi-
sion shall be fully severable, and this Agreement shall be construed and enforced as if such illegal,
invalid or unenforceable provision had never comprised a part of this Agreement, the remaining
provisions of this Agreement shall remain in full force and effect.
15. Headings
The headings used in this Agreement are for convenience only and shall not be used to limit or
construe the contents of this Agreement.
16. Interpretation and Enforcement
The parties understand and agree that the construction and interpretation of this Agreement is gov-
erned by the laws of the State of The United States of America, Greenville, South Carolina. In the
event that either party must initiate legal action to enforce this Agreement, the Parties agree that the
proper venue for such action shall be the courts of the State of The United States of America,
Greenville, South Carolina.
17. Travel
The Company agrees to pay for all transportation costs. Transportation compensation is already paid
for by client stated in Setup Fees outlined in 2. Compensation and Payment A.
By their signatures below, the parties hereby understand and agree to all terms and conditions
of this Agreement.
Client The Company
Name: _________________________ Name: ___________________________
Company: ______________________ Company: ________________________
Date: ______________________ Date: __________________________
Signature: __________________________ Signature: __________________________
