Content Creator Agreement

This agreement dated by and between Revel Marketing Inc. (hereinafter “Revel”), and content creator’s (hereinafter called the “Content Creator”).

WHEREAS, Revel has entered into a contract (hereinafter “content creator Agreement”) with content content creator’s (hereinafter called the “Client”) to provide photography and/or videography services as per social content creator, terms and conditions, incorporated therein, and these are made part hereof and incorporated herein by reference, the same as if fully set out herein, and WHEREAS, the parties desire to enter this Agreement for the performance by content creator’s on behalf of Revel Marketing Inc., and all Revel’s obligations under said content creator agreement in connection with the work hereinafter specified, or provided for. NOW THEREFORE, for any and in consideration of the covenants and agreements herein contained and of the payments herein provided to be made by Revel to the Content Creator, the parties do hereby agree as follows:

  1. ASSUMPTION OF OBLIGATIONS. The Content creator has examined the social content creator agreement with the Client and/or Revel, and that he and his employees or subcontractors will be and are bound by any and all parts of said social content creator agreement insofar as they relate in any part or in any way to the work undertaken herein, and shall be further bound to the social content creator agreement and terms and conditions. The Content creator also has thoroughly familiarized himself with the photography matters and conditions which will affect the completion of said work and he assumes all riskstherefrom.
  2. DUTIES OF THE CONTENT CREATOR. The Content creator shall furnish and pay for all labor, materials, tools, supplies, equipment, transportation, insurance, and services necessary to complete his obligations under this Agreement, namely: Division of work: Content creator
    1. Cinematography Footage of the model wearing the clothing (model alone, model and apparel, close up of apparel and/or jewelry).
    2. Product Photography: Photography of the activewear, close up of brand logo and product features.
    1. Shooting Date
    1. Creator Content: downloadable link and/or harddrive containing all RAW images and/or video content.
  5. APPLICABLE STANDARDS: The Content creator shall perform his obligations under this Agreement in a skillful and workmanlike manner and in accordance with industry standards. The Content creator shall use only professional cameras and professional lenses (Zoom and Prime). The Content creator shall be equipped on the day of the performance with all necessary equipment and BACK UP equipment, including: back up camera, back up batteries, back up flashes, back up cards, and back up lenses. The Content creator shall maintain a BACK UP hard drive for which all footage taken must be stored, and the BACK UP harddrive must be properly stored and maintained. The Content creator shall conduct himself with due regard to the public conventions and morals. The content creator shall not, while rendering this agreement’s scope of work commit an offense involving moral turpitude under Federal, state or local laws or ordinances. The Content creator should not consume any alcoholic beverages or any illicit substances during performance of this Agreement. The Content creator shall not do orcommit any act or thing that will tend to degrade him in society or bring him into public hatred, public disrepute, contempt, scorn, or ridicule. The Content creator shall not do or commit any act or thing that will tend to shock, insult or offend the public morals or decency of the Community or the Client, or any third party in general, during this Agreement. The Content creator shall not commit any act which reflects negatively towards or is detrimental towards Revel or causes reputational harm to Revel, or which shall subject Revel to ridicule or contempt. The Content creator shall always be fully and neatly attired in public while performing his obligation sunder this Agreement, and conduct himself inaccordance with the highest standard so formality and honesty.
  6. EXCLUSIVITY. The Content Creator understands that he represents Revel and not any other business while performing the cinematography/photography services to be provided under this Agreement. While performing cinematography/photography for Revel, The Content Creator agrees that he will not advertise his own business, he will not solicit work for himself, and he will only distribute Revel marketing materials. The content creator may pursue other cinematography/photography work for himself or other studios, so long as such work does not interfere with his obligation to perform the agreed upon cinematography/photography services for Revel under this Agreement, and so long as he does not directly compete with Revel, infringe upon Revel’s client base, or solicit Revel clients, either directly or indirectly.
  7. SPECIAL REQUIREMENTS: The content creator shall do everything necessary to fully perform all of Revel’s obligations under this agreement.
  8. TIME AND MANNER OF WORK: Time is one of essence in this agreement. The content creator will be in charge of their own schedule with any models used for the shoot.
  9. DEFAULT AND REMEDIES: If the content creator fails to perform any of his obligations under this agreement then Revel may withhold any or all of the compensation due to content creator. Should the content creator’s compensation not be sufficient to cover the amount of the loss, The content creator shall be responsible to pay, and hold Revel harmless from, the amounts claimed by the content creator under this agreement.
  10. LIQUIDATED DAMAGES: In the event that the Content creator breaches any of the terms set forth in paragraphs 5, 6, and 7 of thisAgreement, then the Content creator shall pay Revel $10,000.00 as liquidated damages. The parties agree that quantifying losses as a result of The Content creator’s default is inherently difficult insofar as The Content creator’s default may impact Revel reputation in the wedding industry, and further stipulate that the agreed sum is not a penalty, but rather a reasonable measure of damages, based upon the parties’ experience in the wedding photographyindustry.
  11. ASSIGNMENT: The Content creator shall not sell, assign, sublet, transfer, or set over this Agreement or any part therefor or any money due or to become due hereunder without the written consent of Revel. In case such consent is given, it shall not relieve The Content creator from any of the obligations of this Agreement, and any transferee or The Content creator shall be considered the agent of this Content creator and, as between the parties hereto, The Content creator shall be and remain liable as if no such transfer had been made. Any assignment made in violation hereof shall not be binding on Revel.
  12. INDEMNIFICATION. The content creator shall indemnify and hold harmless Revel from and against any and all loss, liability, damages, costs, attorney’s fees, or other expenses incidental thereto of every kind and nature whatsoever on account of any claim or claims for death or injury to persons employed by The content creator if any, his agents or employees, or any of them; or for claim for injuries or death caused by them or either of them; or for loss, damage to, or destruction of property, real or personal, including loss of use thereof. The content creator shall also indemnify Revel from and against any and all loss, liability, damages, costs, attorney’s fees, or other expenses incurred by Revel on account of The Content creator’s breach of the terms of the Wedding Agreement and/or thisAgreement.
  13. OWNERSHIP. All motion images filmed under this Agreement are owned by Revel and not the Content creator. The content creator shall make no claim as to ownership of said motion images. The content creator agrees to deliver all RAW digital motion images subject to paragraph 4 herein. The content creator agrees to personally preserve all RAW digital motion images taken of the Clients for a period of four (4) months from the wedding date on a BACK UP hard drive for which the BACK UP hard drive shall be properly stored and maintained The content creator agrees that payment shall be withheld under this Agreement until all RAW digital motion images are delivered to Revel.
  14. DISPUTES. All disputes concerning questions of fact arising under this Agreement shall be decided by Revel, subject to written appeal by The content creator within seven (7) days to Revel, who in turn will submit said appeal to the Client or his representative, whose decision shall be final and conclusive and binding upon the parties hereto. In the event the dispute does not involve the Client or its representative, the settlement of the dispute shall be made in accordance with the Standard Form of Arbitration Procedure as issued by American Association ofArbitration.
  15. PAYMENT. Revel shall pay The content creator the sum of amoun, subject to additions and deductions as hereinbefore provided, in full and complete compensation for all work performed and all things furnished hereunder. The content creator shall pay, at his expense, direct to the governing body, all sales taxes, use taxes, occupational taxes, excise taxes, unemployment compensation taxes, or similar levies on all material, labor, tools, and equipment furnished under this Agreement, as required by the statutes of the United States, or any state or the statutes or ordinances of any municipality which are applicable to any transaction in connection with The Content creator’s work. All such taxes and levies are included in The Content creator’s price and are to be paid by TheContent creator.
  16. TERMINATION OF AGREEMENT. In the event of the termination of The Wedding Photography Agreement between Revel and the Client, this Agreement shall also be terminated, upon written notice by Revel to the Content creator, and Revel shall only be liable for labor and materials furnished up to the date of receipt of the written notice of termination and/or materials specifically fabricated for this Agreement. The content creator shall not cancel this Agreement, unless such cancellation is a result of the Content creator’s physical inability to perform on the “Date of Performance”. Physical inability must be personal and due to: illness, permanent or temporary loss of mobility, death or any other unforeseen natural or unnatural cause and must be proven to Revel. Accepted proofs: medical or police reports or records. In the event such cancelation is imminent due to The Content creator’s physical inability to perform, such cancellation must be done in writing and submitted to Revel by certified mail. Any violation of this paragraph gives Revel the right to renegotiate or terminate any future wedding photography agreement with TheContent creator.
  17. CONFIDENTIALITY: The terms and conditions, rights and obligations, remuneration and any other clauses and provisions within this agreement are to be kept confidential between Revel and The Content creator. The Content creator can not share any of the information within this agreement with the Client or any other third party. The content creator may only contact the Client to ratify the schedule for the date of performance and/or if specifically requested by Revel. Any violation of this paragraph gives Revel the right to renegotiate or terminate any future wedding photography agreement with The Content creator.
  18. GOVERNING LAW: This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of New York. Supreme Court: Suffolk County, New York shall have exclusive jurisdiction with respect to any actions relating to thisAgreement.
  19. GENDER. The word “he” when used herein shall include both singular and plural number and masculine, feminine and neuter gender, as many be appropriate.
  20. BINDING EFFECT. This agreement shall be binding upon and inure to the benefit of the representative heirs, executors, administrators, successors and assigns of the partieshereto.
  21. ENTIRE AGREEMENT. This Agreement becomes the entire agreement between the parties and all previous agreements and negotiations, whether oral or written, relating to the subject matter herein are merged herein and, except as herein stated, are declared to be null and void.
  22. EFFECTIVE DATE: It is the intention of the parties to this Agreement that all the provisions of this Agreement apply from the commencement of any work by the content creator regardless of the date of signing of this Agreement.