OMG STORY SPARK AGREEMENT
The “Agreement Date” shall be the date detailed on the Quotation attached to this Agreement.
ONWARD MEDIA GROUP INCORPORATED
Onward Media Group
(“Onward” or "OMG")
(as detailed on the Quotation attached to this Agreement, or product payment processor checkout page)
and together with Onward, the “Parties”
RELATIONSHIP DESCRIPTION & TIMELINES
From the start to finish of this term, as herein defined, we aim to be awesome, whatever that means to you. We will get into specifics below, but for us that means delivering consistent and compelling media as efficiently as humanly possible.
This document makes reference to the quotation attached to this Agreement, or product payment processor checkout page and together, form the completed agreement. In places where is document and the quotation attached to this Agreement, or product payment processor checkout page are not in agreement or contradict one another, the quotation attached to this Agreement, or product payment processor checkout page shall supersede this document.
We bring our dogs to the office; each one more awesome than the last. You won't see them unless you come visit us and our dogs have nothing to do with this Agreement. But it's a clause in here, taking up space and doing nothing except trying to make you laugh, much like a dog in our office.
DESCRIPTION OF RELATIONSHIP AND RESPONSIBILITIES
OMG StorySpark is an OnGoing service, where you receive regular professionally produced content and it is shared automatically, to an ever growing network. Onward will provide the services, herein “The Work” detailed in the attached Quotation, which forms part of this agreement.
In general, this relationship will take place in stages. The stages will be outline here in brief, and may be defined more specifically later in the document.
Strategy - OMG will conduct 1-2 strategy meetings with the Client, learning about your business objectives, target market and other factors. We will use this to generate a series of question prompts to guide later activities. Other factors may also be addressed as defined on the quotation attached to this Agreement, or product payment processor checkout page.
Production - This is where we record your video. The exact nature and duration will be defined on the quotation attached to this Agreement, or product payment processor checkout page.
Editing - Based on what is determined in the Strategy Stage and what is filmed during production, our editing team will edit your content.
Copywriting - Based on the video and the Strategy, OMG will generate captions or video descriptions unique to your content and brand.
Approval - All Content, video and captions, will be presented to the client for approval prior to scheduling.
Social Media Scheduling - OMG will schedule all content during the duration of your agreement.
Data - OMG will provide regular data updates about the performance of your content.
Refine, Revise and Repeat - Based on the data collected, your changing business goals and any other relevant factors, we repeat the strategy session and continue with the process.
1. The Client will work with Onward to set up automatic monthly payments for the duration of the agreement.
2. At the end of each 3 month term, as detailed below, the Client or Onward may choose to renew or change the scope of the agreement
3. Onward may contact the Client with additional offers.
4. OMG will conduct a strategy session with the client. The Client is responsible to attend the meeting and answer all questions as fully and honestly as possible. OMG will develop as complete a picture as possible of your business objectives, messaging, brand details and target market, as well as other factors. During this strategy session, OMG may recommend additional services outside the initially agreed upon scope for an additional fee, in order to meet those needs. If required, OMG may conduct a second session at a later date in order to obtain additional information, confirm the plan and account for any other relevant factors. The Client will receive a list of prompts, or questions, that will serve as a guide for video production.
5. The number of shoots, frequency and duration will be outline in the quotation attached to this Agreement, or product payment processor checkout page. The times indicated in the production block include roughly 30 mins of coaching with the Storyteller while the Cinematographer is setting up, followed by filming time, followed by 30 mins of tear down and clean up. Additional shoot dates can be purchased by contacting Onward.
6. Onward will produce as much content as possible from each shoot, meaning we will produce as much short shareable content as we can capture during your 4 hour shoot - it is at the discretion of Onward to determine the amount produced. The nature of that content will be discussed and agreed upon by all parties prior to the shoot.
7. Typically, The Client will receive in excess of 40-50 pieces of short social media content from each shoot - however, this is dependent on a number of factors, including preparation and availability of the Client.
8. Onward will provide, in advance of the shoot date, a list of relevant questions. These can be used to guide the discussion.
9. All content produced will be in the form of interviews with one or more subjects, unless otherwise stated. This does not include content such as explainer videos, product videos, documentary or narrative video.
10. Onward will provide a minimum of 1 cinematographer, and all required cameras, lighting and other equipment on each of the filming days.
11. Onward will provide a minimum of 1 storyteller, who will assist in conducting the interviews. The Storyteller prepares a list of approximately 100 relevant questions to provide to the Client in advance of the interview. The Client may modify, add or delete questions, or prepare any statements. Onward is not responsible for writing scripts or any other content, unless specifically mention in the quotation attached to this Agreement, or product payment processor checkout page.
12. All photography will take place on dates to be agreed on by all parties. Each shoot will take place in a single location, agreed upon by all parties. Any fees to rent locations, hire actors or any other additional costs, are the responsibility of the client, unless otherwise stated. OMG will work with the client to find a location, or use a location owned or rented by OMG.
13. The Client will provide any branding images and other existing media content, as required by Onward. Each video is personalized for your Company, so we need to know as much as possible about your brand. This means we will need branding images, logos, branding color schemes and patterns, fonts, pictures of your dogs and any existing media that you want us to use. We will also provide some short questionnaires to help us understand your Company better.
14. The Client can request revisions to the content, including captions and branding colors and text. However, Onward is not obliged to revise the content of any video.
15. All video produced will follow the same style with respect to branding.
16. Scripts or other prepared written content, outside of what is listed here, is the responsibility of the Client to prepare, if required.
17. The Client will provide to Onward the contact information for any relevant interviewees or other parties, upon request. The Client will work with Onward in order to ensure timely access is granted to all required locations owned or rented by The Client.
Social Media Account Management
18. Onward will post and share all content to any of the Clients pre existing social media accounts including LinkedIn, Facebook, Instagram, TikTok, Twitter and YouTube. We will schedule the content at optimal times, based on the recommendation algorithm. This includes writing captions in the Client’s brand voice.
19. All social media posts must be approved by the client or a representative of the client in order to be posted. Onward will not post any content without approval of the client.
20. Failure to approve posts in a timely manner will result in delays and may result in a reduction of overall effectiveness of the campaign.
21. Onward will provide a curated monthly data report showing the performance of your content across each platform.
TIMELINE OF AGREEMENT
22. The start date of this agreement is outlined in the attached quotation.
23. The minimum term of the agreement is 3 months and will automatically renew at the end of each 3 month period for an additional 3 months time, unless otherwise specified by the client, in accordance with the terms outlined in this agreement. This 3 month period starts from the shoot date.
24. To terminate this agreement, simply notify Onward in writing and the agreement will be terminated at the end of the current 3 month period.
25. Onward Media agrees to complete all tasks in a timely manner. However, the setup phase requires information and actions performed by the Client in order to effectively set up the campaign. The Client acknowledges that delays in providing all required information will result in delays in the setup process.
26. Everyone agrees to work together to make sure that we all understand what we are planning and that everything in this Agreement is followed as much as possible.
27. We both know that quality work takes time, but efficiency matters. We need to work together to make sure that all meetings, appointments and information is gathered and shared as quickly as possible so that we can be awesome together.
28. In consideration of the performance of The Work by Onward, The Client agrees to pay the fees as detailed in the quotation attached to this Agreement, or product payment processor checkout page, starting on Agreement Date.
29. Payments will be automatically debited on the first day of the agreement, as specified in the attached quotation. Subsequent payments will be debited from the Client at the start of each following Contract month, using Stripe electronic payment services, unless otherwise specified. Meaning if you want to pay us some other way, that’s cool, just let us know.
30. For payments made by credit card, Onward may charge a 3% processing fee, to offset the expenses from our payment processor.
31. We understand that this service requires a high degree of trust and that is something we do not take lightly.
32. Onward will not collect any more information than the minimum required to effectively execute the terms in the agreement.
33. Onward will not store any of your personal information for any longer than is required for the performance of the responsibilities outlined in this contract.
34. Onward will not store any contact information on any of the Clients contacts, prospects or clients, unless specifically directed to do so but the Client, in writing.
35. Onward will not use any information gathered to solicit any of the Client’s contacts, prospects or clients, unless specifically introduced by the Client, and with permission from the Client for Onward to discuss Onward’s business offerings.
36. Onward will not share or disclose any information about the Client, or Client’s business(es), including, to but not limited to, contact information, client list, prospects, pricing, strategy, communications or any other information, unless specifically directed to do so by the Client, in writing.
37. The Client agrees not to divulge any operational processes that Onward Media reveals, or the Client becomes aware of, regarding the internal operations of Onward. This includes soliciting a new vendor to conduct a similar process on behalf of the Client.
OWNERSHIP OF INTELLECTUAL PROPERTY
38.The Client retains full ownership of all social media profiles and all content therein, subject to each platform’s terms of service.
39.The Client retains ownership of the finished content, to use and distribute however the Client would like. Onward retains ownership of the raw footage which we can repurpose in any way, for business purposes, without cost or payment to the Client.
40. Onward will not use the client’s logo or any other brand assets without the consent of the Client. Unless otherwise stated, in writing, this consent will be considered automatically revoked one year after the termination of the existing contract. The Client can revoke this consent at any time.
41. Sometimes we partner with amazing, passionate local, organic, farm to table cinematographers, editors and other creators to help us deliver your amazing content. As part of their agreement with us, (Collectively “Partnership”), they are not allowed to work with any of our clients until at least one year after they last worked with us. By signing the Agreement you consent and agree to honor that Agreement as well.
RETURN OF PROPERTY
42. Upon the expiry or termination of this Agreement, Onward will return to the Client any property, documentation, records, or Confidential Information, which is the property of the Client, upon request.
43. Any personal data will be deleted, with the exception of publicly available information, such as contact information.
MODIFICATION OF AGREEMENT
44. Any changes to this Agreement need to be mutually agreed upon and signed by both the Parties.
45. The Client acknowledges that adding new decisions and changes after approval of the work to be performed by us, will lead to extra revisions and extended timelines and budgets.
46. The Client acknowledges that delays in approving Work may result in timeline delays.
47. The Client agrees that this Agreement may not be assigned to any other person or entity.
48. This Agreement is governed by the laws of Ontario and the laws of Canada applicable therein. This Agreement shall enure to the benefit of, and be binding upon each of the parties hereto and their respective successors and permitted assigns.
This isn’t anything of any consequence whatsoever, but good for you for reading the fine print.
ACCEPTANCE OF TERMS
By proceeding to checkout on the attached Quotation, the Client and Onward agree they have read, understood, and are considered legally bonded to the terms in this Agreement.