GENERAL TERMS & CONDITIONS
THE CLIENT AND NAV AGREE:
1. As a professional commercial video producer, NAV’s obligation to the Client shall be to timely and professionally render its services to create video and photographs to produce a finished video with photographs and audio (if applicable) of the Premises pursuant to this Agreement (the “Finished Product”). NAV shall be excused from any liability to the Client in the event the Client fails to permit timely access to the Premises by the NAV Staff.
2. The Client represents and warrants it has obtained (i) the unrestricted consent of the owner or occupant of the Premises allowing the full access to the Premises by NAV staff and contractors to videotape and photograph the Premises as needed to produce the Finished Project, and (ii) the acknowledgement of the owner or occupant of the Premises that NAV shall be the exclusive owner of the Finished Product and/or the Raw Images as set forth herein.
3. The Client acknowledges that it does not have any claim of ownership or claim of copyright, patent, or other intellectual property right to the Finished Product and/or the Raw Images.
4. The Client acknowledges this is not a work made for hire agreement. NAV shall be the exclusive owner of the Finished Product, and all of the original and edited content, videos and photographs created by NAV to produce the Finished Product (the “Raw Images”). NAV may edit the Raw Images by any means convenient to create the Finished Product. NAV shall be the exclusive owner of all copyrights and other intellectual property rights relating to the Finished Product and/or the Raw Images.
5. NAV may (i) use the Finished Product and/or the Raw Images for any use on its website, their offices, in printed media, and for any other promotional, advertising, marketing or public relations activities or efforts by NAV without limitation or restriction, and (ii) resell the Finished Product and/or the Raw Images to third-parties without limitation or restriction.
6. The Client shall not, directly or indirectly, (i) solicit or attempt to solicit any employee or contractor of NAV to terminate their employment or contractor relationship with NAV, or (ii) hire or attempt to hire any employee or contractor of NAV, for any reason without the express written consent of NAV.
7. The parties agree that the relationship between the parties shall be governed in accordance with California law; that in the event of any litigation arising from the Agreement or the relationship between the parties, same shall be adjudicated under the laws of the State of California; that the prevailing party shall be entitled to recover its reasonable attorneys fees and costs; that venue shall lie exclusively in San Diego, California; and, that each of the parties expressly waive the right to a trial by jury.