FILM Archives Inc. Client Agreement A signed copy of these terms and conditions must be received prior to any delivery of broadcast quality videotape or film elements.

Company:_________________________	Date:_________________________
Address:__________________________________________________ __________________________________________________ __________________________________________________
Contact:_________________________
Project Type:_________________________
Program/Production Title:_________________________
Client PO#:_________________________
CLIENT AGREES TO FOLLOWING TERMS AND CONDITIONS: 1. Client agrees to pay library research and screening fees of $____.__. 2. If Client requests broadcast quality videotape or master film elements, Client will be billed a NONREFUNDABLE minimum license fee of $____.__. MINIMUM LICENSE FEES CANNOT BE REFUNDED EVEN IF MATERIAL IS NOT USED. 3. Client agrees to pay all video transfers, editing, laboratory, messenger, shipping, and related costs incurred as billed. 4. FILM Archives Inc. warrants that the footage is in the public domain or has been duly licensed from the copyright holder of record and therefore indemnifies User for all claims, losses, demands, and liabilities as a result of copyright infringement. EXCEPT AS SET FORTH IN THE FOREGOING SENTENCE, FILM Archives Inc. MAKES NO WARRANTY TO ANY RIGHTS OF ANY NATURE WHATSOEVER. CLIENT MUST OBTAIN ALL OTHER CLEARANCES AND PERMISSIONS NEEDED WITH ITS USE OF THE FOOTAGE (PRIMARILY BUT NOT EXCLUSIVELY MUSIC, TALENT, TRADEMARK, PROFESSIONAL ORGANIZATIONS, LEAGUES, EVENT RIGHTS HOLDERS, AND/OR PERSONAL RELEASES) AND SHALL INDEMNIFY AND HOLD HARMLESS FILM ARCHIVES INC. AND ITS SUPPLIERS FROM ANY AND ALL CLAIMS, LOSSES, DEMANDS, AND LIABILITIES ARISING OUT OF CLIENT'S USE OF FOOTAGE THAT IS NOT COVERED BY LICENSOR'S INDEMNITY. 5. Client invoice will be based on footage used in the final edit. If any footage ordered is not used, a 50% KILL FEE will apply to unused footage that exceeds the NONREFUNDABLE MINIMUM LICENSE FEE. USER MUST APPLY FOR KILL FEES WITHIN 14 DAYS OF RECEIPT OF FINAL ELEMENTS. AFTER 14 DAYS, ALL USAGE FEES BECOME NONREFUNDABLE. Additional charges apply if cuts are repeated or lengthened. Client will supply a copy of the project to FILM Archives within seven (7) days of completion. The footage may be used solely in the program or production detailed above and for no other purposes whatsoever. The use of any still photographs, graphics, logos, trademarks, talent, voice-over or image is strictly prohibited without prior written permissions of FILM Archives Inc. Under no circumstances may Client sub-license any Footage except to the extent and in the form that such Footage is contained in the program or production. 6. ALL MATERIALS NOT PHYSICALLY INCORPORATED INTO THE FINAL EDIT WILL BE RETURNED WITHIN SEVEN (7) BUSINESS DAYS FOLLOWING COMPLETION OF FINAL EDIT. 7. Any element not returned to our offices within seven (7) business days following a project's completion will be billed a late charge of $100.00 per item per day. 8. If the length of any individual cut or scene in Client's final production is less than ____ seconds, a minimum charge of ____ seconds per cut will apply. All footage used will be billed at the specified rate for the full frame or any portion or modification thereof. Usage of audio will be counted as footage used. 9. Rate of this project shall be $______.__ per second, ____-second per shot minimum. 10. If the screening reel contains any footage under the "PREMIUM" or "FAST IMAGES" designation, the rate for this material will be $____.__ per cut up to 10 seconds. There is NO KILL FEE OFFERED ON PREMIUM FOOTAGE. ALL PREMIUM FOOTAGE ORDERED WILL BE BILLED AT FULL RATE EVEN IF FOOTAGE IS NOT USED. PREMIUM FOOTAGE MAY REQUIRE 48 TO 72 HOURS FOR DELIVERY, AND MAY INCUR TRANSFER FEES OF $100-$150 PER SHOT AND INTERNATIONAL SHIPPING CHARGES. 11. Replacement fee for lost or nonreturned film element shall be $500.00 per film element. 12. Upon any breach of this agreement, the undersigned further agrees to pay all reasonable attorney's fees and any actual and reasonable costs of collections necessary to enforce this agreement. If client's account is turned over to collection agency for nonpayment, an additional 25% fee will be added to the amount due. 13. FIRST-TIME CLIENTS MUST PAY ALL FEES PRIOR TO SHIPMENT OF FINAL FOOTAGE SELECTIONS. ALL OTHERS MUST REMIT WITHIN 30 DAYS OF BILLING. NO LICENSE IS GRANTED UNTIL ALL FEES ARE PAID. 14. FILM Archives Inc. and its suppliers' liability hereunder shall be limited to amounts received pursuant to this agreement. In no event shall FILM Archives Inc. be liable for incidental or consequential damages.
AGREED AND ACCEPTED FOR CLIENT	AGREED AND ACCEPTED FOR FILM ARCHIVES INC.
BY:_________________________ (authorized signature)	BY:_________________________ (authorized signature)
NAME:______________________ ACCOUNT REPRESENTATIVE (please print)	NAME:______________________ COMPANY REPRESENTATIVE (please print)
TITLE:_______________________ (please print)	TITLE:_______________________ (please print)