UW Video
Video Customer Terms & Conditions

(Effective 1/1/2021)

The UW Video Statement of Work & Production Agreement (“SOW”) as well as its Terms and Conditions between UW Video and the “Client” is entered into by the parties and is effective as noted in the SOW Effective/Expiration Dates.

These Terms and Conditions are hereby incorporated into the SOW. UW Video reserves the right to update these Terms and Conditions from time to time as might be necessary to comply with all federal, state and local laws as well as University of Washington policy.

1. General Terms/Conditions Information:

1.1. Services: UW Video will perform its duties in a professional manner utilizing industry standard practices, current techniques and tools in order to fulfill its obligations to the Client and the Project.

1.2. Rights/Approvals/Clearance: UW Video may provide and/or create b-roll, images, graphics, marks and/or music in the course of this project. UW Video warrants that it has the necessary rights, approvals and clearances for any intellectual property used or created in the course of completing this project.

1.3. Rates: UW Video is a self-sustaining service of the University of Washington. Rates are calculated annually and for compliance with all Federal, State and Local laws. New rates take effect annually on July 1st. Internal UW Client rates are based on cost recovery. Organizations are considered “internal” when they are paying with a UW Budget Code. Rates for external entities include institutional overhead.

1.4. Budget: UW Video will provide an estimated budget for this project in advance of providing any charged services. The budget document provided to the Client is attached to the SOW. Changes requested by client to the project and/or scope of work will be memorialized in writing via email communication between client and UW Video. UW Video will provide a “rate per hour” estimate to the client in writing via email communication for any work beyond the original estimated budget. Client will be responsible for paying any overages that result from requested work and will be charged at the current UW Video rate card.

1.5. Billing: Unless otherwise agreed to in this document, billing shall occur at the time services are rendered or for larger projects at reasonable intervals based upon milestones. See SOW for more detailed billing information.

1.6. Work for Hire: All work performed by UW Video shall be considered a Work for Hire and as such the University of Washington and the Client shall retain all applicable intellectual property rights to the content that is created. Following the conclusion of the project, UW Video may archive and manage the distribution of the content on the Client’s behalf. Such arrangements are noted in the SOW.

2. Client Responsibilities

2.1. Timely Direction: Client shall provide timely direction, feedback and communication to UW Video in order for it to efficiently and effectively carry out its responsibilities.

2.2. Authority: Client attests that they have the necessary authority to enter into this agreement.

2.3. Intellectual Property Clearance: Client further warrants that it has the necessary rights, approvals and clearances for any intellectual property used or created in the course of completing this project.

3. Billing

3.1. UW Internal Billing: Internal UW Clients will be billed at the conclusion of the project or, for larger projects, progressively based upon the milestones agreed to in the SOW. A UW Budget Code must be on file in advance of providing any charged services.

3.2. External Billing: External Clients must provide payment information in advance. A schedule for payments following the progress of the project is included in the SOW. External Clients may pay by Credit Card, ACH, or Check.

3.3. Interest: Interest accrual is required by state RCW 43.17.240. All UW departments are required to charge interest on their receivables. Invoices begin accruing interest at a rate of 1% per month/12% annually at 31 days past due. A finance charge may be added to past due balances at a periodic rate of 1% per month, or 12% annually.

3.4. Invoicing: Payments should be made payable to the University of Washington – UW VIDEO. Payments should be mailed to:

UW Video
17 Kane Hall, Box 353090
Seattle, WA 98195-3090

4. Cancellation

4.1. Cancellation for Convenience: The SOW may be terminated for convenience at any time by the Client. Client is responsible for payment for any work that has taken place up to and until the notice of cancellation of the project.

4.2. Cancellations with at least 48 hours: Cancellations of shoot dates, editing appointments and most other scheduled services require a minimum of 48 hours’ notice (excluding holidays and weekends) to avoid incurring cancellation penalties up to and including the full cost of the services scheduled. 

4.3 Cancellations within 48 hours: Cancellations made by the Client with less than 48 hours’ notice (excluding holidays and weekends) before a scheduled service (e.g.: shoot date or edit session) will be charged the full cost of the services scheduled.

5. Budget

5.1. Costs: All costs for the project will be provided to the client in advance. Costs are provided in a written Estimate attached to the SOW. Costs will not exceed the estimated range unless agreed to and memorialized in writing via email between the Client and UW Video.

5.2. Rates: UW Video rates are calculated annually and take effect July 1st each year. UW Video reserves the right to adjust rates in the event that the project duration exceeds the original estimate by more than 60 days AND new rates have been implemented for more than 30 days.

5.3. Payments: All payments must be made in accordance with Section 3 of the Terms and Conditions.

6. Publishing

6.1. Publishing Terms: As a service to the University of Washington, its schools, colleges and administrative units, UW Video maintains a variety of media platforms for publishing your video content. Each publishing platform has its own rules and restrictions. By signing the SOW and indicating that you would like UW Video to publish your content, you are giving UW Video authority to publish and manage your content on the platforms/mediums indicated within the SOW. Published content follows the Archiving policy unless otherwise noted in the SOW.

7. Archiving

7.1. Archiving Terms: All materials from the project are retained while the project is in process and for a minimum of 1 month after the project has concluded. Once a project is concluded, UW Video archives the finished video(s) based on the schedule shown in Section 7.2. All materials used in the creation of the project may be returned upon request at the conclusion of the project and only the finished project is published and/or archived by UW Video.

7.2. Archiving Retention Schedule:

Archiving	Retention Duration
Physical Tape/Disk	10 years

Publishing	Retention Duration
YouTube	10 years

Durations shown are minimums and UW Video reserves the right to retain materials longer at its own discretion. Duration is measured from the conclusion of your project(s) which is defined as the month in which the project was billed. Client must inform UW VIdeo if they intend to archive their own materials and/or if UW Video should remove the finished project(s) in advance of the standard publishing/archiving durations.

8. Changes to SOW

8.1. Project and Scope of Work Changes: Approved Changes will be memorialized in writing via email between Client and UW Video. Written changes will become part of the SOW and incorporated hereunder.

9. Miscellaneous

9.1. Assignment: Neither party may assign any of its rights under this Agreement or delegate performance of the Services hereunder, except with the prior written consent of the other party.

9.2. Force Majeure: Neither party shall be liable for delay in performance or failure to perform any of their obligations (other than payment), if the delay or failure results directly or indirectly from any (i) government directive, order or regulation; (ii) equipment failure or breakdown so long as such equipment has been properly maintained and operated; (iii) failure or delay of transportation; (iv) suspension or cancellation of any required license; (v) insurrection; riots, national emergencies; war; acts of public enemies, strikes or other labor difficulties; (vi) fires, floods, earthquakes, lightning or other extreme weather conditions; or (vii) any other similar catastrophes or acts of God. The party affected shall give the other party prompt notice of any such Force Majeure event.

9.3. Liability: UW Video shall not be liable to the Client for any loss of goodwill, reputation, profit or any indirect special or consequential loss, damage, costs, expenses or other claims that are caused by our negligence or otherwise arise out of or in connection with your use of the project.

9.4. Adjudication: If any clause or part of these Terms and Conditions and Agreement shall for any reason be adjudged by a court or other legal authority of competent jurisdiction to be invalid, such judgment shall not affect the remainder of this agreement, the terms of which shall remain in full force and effect.

9.5. Full Agreement: The SOW constitutes the final and exclusive agreement between the parties about the subject matter hereof. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of the SOW are expressly merged into and superseded by the SOW and these Terms and Conditions. No amendment to the SOW and these Terms and Conditions will be effective unless it is in writing and includes both parties.