Despite the economy, wedding planners, caterers, florists and more who are involved with wedding productions are surviving, if not thriving. That is also the case for still and video producers. Along with the opportunity to be part of this profitable business come responsibilities and potential liabilities. This article outlines some of the legal pitfalls you should know when embarking on or pursuing a wedding video career as a part-time job, or an avocation. Knowing where the mines are in the minefield is always a good idea and helps minimize your exposure.

Agreements

It is good practice for you to draft and execute a few written agreements with your client and with others before the event. You do not have to hire a lawyer to prepare the agreements, as long as they are clear and grammatical and preferably printed, as opposed to handwritten. Of course, it would be a good idea for you to retain a lawyer to review your agreements before they are executed. This review process will cost you much less than if the lawyer had to draft the agreement from scratch.

Write in plain English, not legalese. Short sentences are best. Once you have drafted an agreement, consider making it a form that you can use for future events with different parties. You can modify or revise your form agreement for future use, as different situations arise. This, by the way, is how lawyers work: they often start with a previous document written by themselves or others, and customize it for the present parties and situations.

Event Agreement

The agreement with your client, known as an "event agreement," should cover standard terms and conditions found in any contract, such as: names and addresses of the parties (your client and you); time and location of the event; work to be performed; and materials to be delivered to your client, including as many specifics as you can recite. These specific terms can include:

• The time and place of the event and the duration of your participation in the event, with an extra fee for time you spend above and beyond the agreed-upon length of time at the event.
• The length of the final, edited video.
• Whether you will record the wedding ceremony, the reception, or both.
• How many copies of the final video will be delivered and in what medium.
• When or where to deliver the video.
• Music, still photos, or other materials to be provided by your client, by you, or by both of you.
• The fee you are charging, including the down payment and any applicable taxes, and when the fee is to be paid as a lump sum or in installments.
• Excuses for your non-performance due to acts of God (e.g., natural disasters) or other unforeseen events, such as illness, labor strikes, etc., called force majuere. 
• A refund or partial refund policy if the wedding does not occur.
• Penalties for non-performance, if any.
• The jurisdiction in which litigation or arbitration will be conducted if a dispute arises that cannot be resolved solely by you and your client.
• Warranties by your client and by you.
• Indemnification by your client to release and agree to protect, save harmless, and defend you from lawsuits.
• Copyright ownership.
• Your storage policy for original tapes or cards or files for archival purposes.
• The amount of wedding cake you and your staff will be entitled to. (Seriously, if you require food and drink for your staff or you, be sure to specify that requirement with your client in writing, too.)

Music Sync Agreement

You will want to use another agreement with the live band or DJ. This agreement should include a warranty clause stating that the performers have the right to play the music they will be performing. An indemnification clause protecting you from lawsuits for copyright infringement would also be a good idea. The agreement should also grant you a sub-license - technically, a synchronization license, so you can include the music you record with the video images you take. This sub-license should expressly allow you to video the performance and event, edit it, and display it in limited distribution video copies and/or on Internet sites.

Permits

A permit for shooting your video at the church, hotel, city hall, or park will not be necessary, as long as your client has arranged with those places to hold the wedding event there. Allowing photographers and videographers to work during the event is either explicitly included or implicit in the agreement between your client and the owner of the venue. You might ask for a copy of that agreement to see if any restrictions are recited that can affect you.