Associate Shooter Agreement
This agreement is between Captured By Jenise hereinafter referred to as the “Photographer”, operating in the State of California, and the signers of this second shooter photographer agreement, [[[[Contractor name]]]] hereinafter referred to as the "CONTRACTOR" (also known as INDEPENDENT CONTRACTOR), collectively referred to as the "Parties", with the photography session detailed below. Agreement is made as of today’s date, [[[[[ Date]]]
The documents provided to CLIENTS at the time of the signing of this contract are integral parts of this document. The contract terms, agreement, and payment terms are the only legally binding documents between the Parties. This agreement contains the entire understanding between the PHOTOGRAPHER and the CONTRACTOR. It supersedes all prior and simultaneous agreements between the Parties.
1. EVENT: CONTRACTOR agrees to work for PHOTOGRAPHER as an independent CONTRACTOR, providing photography-related services on [[[DATE]]] from [[[TIME]]] To For Event located at [[[[[VENUE ADDRESS]]
2. ASSIGNMENT: This assignment, as well as any future assignments, is and will be contracted on a case-by-case basis only. Captured By Jenise is under no obligation to guarantee CONTRACTOR any minimum number of contracts or any minimum number of hours. All work performed by CONTRACTOR for Captured By Jenise shall be governed by the covenants of this Agreement.
3. INDEPENDENT CONTRACTOR: The CONTRACTOR and Captured By Jenisespecifically agree that the CONTRACTOR is performing the services as an independent CONTRACTOR and is not an employee of Captured By Jenise. Nothing in this Agreement shall be construed as creating an employer-employee relationship. CONTRACTOR further agrees to be responsible for all of his/her own federal and state taxes, withholding, social security, insurance, and all other benefits.
4. COMPENSATION: Payment will be arranged on an individual basis for each CONTRACTOR. Payment will be at the rate of $65.00 USD per hour. CONTRACTOR shall be paid the total amount UPON SUCCESSFUL TRANSFER OF ALL
PHOTOS/CARDS TO PHOTOGRAPHER.
5. DELIVERY OF IMAGES: CONTRACTOR agrees to transfer all photos he/she took at the listed event immediately upon completion of the event. If CONTRACTOR used his/her own memory cards, he/she shall deliver the resulting files via WeTransfer or Dropbox to PHOTOGRAPHER for download immediately upon completion of the event. If needed, PHOTOGRAPHER will supply memory cards to CONTRACTOR for use at the event (first slot only for dual-slot cameras), and CONTRACTOR agrees to return all memory cards, used and unused, to PHOTOGRAPHER immediately upon completion of the event. CONTRACTOR agrees to store all RAW files for 60 days after the event. As already stated in Paragraph 4, CONTRACTOR shall be paid for his/her services only upon successful transfer of all photos and/or memory cards to PHOTOGRAPHER.
6. COPYRIGHT & REPRODUCTION RIGHTS: The CONTRACTOR's assignment is work for hire. As such, the copyrights of the images produced by contractor belong to Captured By Jenise. CONTRACTOR agrees not to sell an image taken during the contracted event to any person, company, group, advertising agency, or otherwise, without PHOTOGRAPHER's express written permission. CONTRACTOR may use the images created for their own portfolio after the gallery has been deilvered to the client. This is typically six weeks after the event, but PHOTOGRAPHER will notify CONTRACTOR when they are clear to use.
7. EXCLUSIVITY: CONTRACTOR understands that he/she represents Captured By Jenise and not any other business while completing assignments for Captured By Jenise. While directly working for Captured By Jenise, CONTRACTOR will not advertise his/her own business that are in direct competition or conflic of interest busiess, will not solicit photography or videography work for him/herself, and will only distribute PHOTOGRAPHER's business cards, name, and marketing materials for photography and or videography services.
CONTRACTOR is not bound by an exclusivity agreement when not working directly for Captured By Jenise
8. CONFIDENTIALITY: CONTRACTOR understands that all materials, price lists, contracts, financial documents, agreements, and other information or documents that are given to him/her in the scope of his/her assignments, are the exclusive property of Captured By Jenise, and are privileged, confidential information. CONTRACTOR agrees not to reveal this information to anyone, nor to use this information to the detriment of Captured By Jenise in any way. Doing so will constitute a breach of contract.
9. LIABILITY: CONTRACTOR warrants that he/she is liable for any loss or any other financial liability suffered by Captured By Jenise due to a failure to perform, other than a documented medical emergency or "Act of Nature. Captured By Jenise is not liable for any loss or damage to CONTRACTOR’s equipment under this contract.
10. EQUIPMENT: CONTRACTOR is responsible for providing all of his/her own equipment with which to complete the assignment. It is required that weddings be photographed in RAW format. Additionally, the CONTRACTOR may not delete images from their media cards during the duration of the event until the cards have been downloaded and backed up byCaptured By Jenise, to avoid potential corruption of the files. All original digital files will be copied and downloaded by Captured By Jenise upon completion of the contracted job. Once files are successfully downloaded and backed up by Captured By Jenise, any media cards used by the CONTRACTOR with the original images will be given back to Captured By Jenise. Any photos taken on CONTRACTOR’s media cards (only if a second card slot is used) may not be used by the CONTRACTOR, according to Copyright and Reproduction Rights stated above (6).
11. CLIENT INTERACTION: The CONTRACTOR should not attempt to contact the client in any way for any reason.
12. EVENT DAY CONDUCT: CONTRACTOR will dress in appropriate, muted/neutral colors and will appear neat and clean. CONTRACTOR will arrive on time and not be late unless it is an act of God. The CONTRACTOR will call Captured By Jenise in the event of an emergency or delay. CONTRACTOR will not be paid if they have an emergency and do not make it to the event.
13: CONTRACTOR EXPECTATIONS: For each event, CONTRACTOR will:
Arrive on time to the contracted time agreeed and start on the time stated by Captured By Jenise
Provide his/her/its own equipment and supplies, including media cards for the second slot of dual-slot cameras (unless otherwise arranged with PHOTOGRAPHER to use their cards).
Capture images for the scheduled duration of the event as specified by the Captured By Jenise.
Deliver the event images (RAW) to Captured By Jenise Photography following the end of the event.
Capture high-quality images in a professional manner in keeping with industry standards.
Should the CONTRACTOR perform the photography services on the day of the event but fail to deliver the images to Captured By Jenise for any reason (including, but not limited to, the loss of digital files or other media or the failure of CONTRACTOR's equipment) or should the images be of a poor quality not within professional standards, such failure to deliver the images or perform the services in a professional manner shall constitute a material breach of the terms of this agreement, subjecting CONTRACTOR to monetary damages as a result of the breach, including but not limited to, full or partial waiver of CONTRACTOR's fee for that event, in addition to reimbursement toCaptured By Jenise of any sums that Captured By Jenise must refund to the client(s) as a result of CONTRACTOR's acts or omissions and/or the costs incurred by Captured By Jeniseo to remedy the situation (such as additional editing/color correction or restoration of damaged or deleted files by a third party company).
I have read and understand this entire agreement, including the terms and conditions, and agree to be bound by them. PHOTOGRAPHER is hereby requested and authorized by CLIENT to provide the services as described above. Further, I attest that I am competent to contract in my own name, that I am over 18 years of age, and that I have received or will receive a complete copy of this agreement via email.
Completion and submission of the following form denotes acceptance of all the terms listed above, and formal acceptance of this assignment as an Independent CONTRACTOR. By signing my name in the section below, I am digitally signing this form and agreeing to all the terms.