This agreement is between Pippin's Pictures Photography (Caroline Pippin), hereinafter the PHOTOGRAPHER, operating in the state of Colorado, and an independent contractor whose name and address appears above, hereinafter the CONTRACTOR.
This agreement is effective today (the date listed above) and will continue in effect for a period of 12 months or until such time as either party cancels the agreement in writing. At the end of designated period, the contract may be renewed for a one year period or may be extended for a longer period of time at the discretion of both par- ties.
Terms and Conditions
1. Position: The CONTRACTOR agrees to work for the PHOTOGRAPHER as a work-for-hire independent contractor providing photography/assistant services on an as needed’ basis. The CONTRACTOR is a freelance working for him/ herself.
2. Assignment:The CONTRACTOR will be notified of jobs/assignments on a case by case basis only. The STUDIO is under no obligation to guarantee CONTRACTOR any minimum number of contracts or any minimum number of hours. All work performed by the CONTRACTOR for the PHOTOGRAPHER at all times shall be governed by the covenants of this Agreement.
3. Independent Contractor: The CONTRACTOR and the PHOTOGRAPHER specifically agree that the CONTRACTOR is performing the services as an independent contractor and is not an employee of the PHOTOGRAPHER. Nothing in this Agreement shall be construed as creating an employer-employee relationship, as a guarantee of future employment or engagement, or as a limitation upon the PHOTOGRAPHER’s sole discretion to terminate this Agreement at any time without cause. CONTRACTOR further agrees to be responsible for all of CONTRACTOR’s federal and state taxes, withholding, social security, insurance, and all other benefits.
4. Payments: which will be agreed upon in advance, are in exchange for successful completion of assignments the CONTRACTOR will receive compensation. The amount of compensation will depend upon the level of work performed, outlined as follows: a. Wedding Assistant: Mentor-ship time/headshots (30 minutes for every 4 hours worked) b. 2nd shooter: $100.
The amount shall be paid according to the following schedule: a. Wedding Assistants shall be paid at the conclusion of the assignment at which they assisted. b. Secondary Wedding Photographers will be paid at the conclusion of the assignment at which they provided photography services, and images are successfully transferred to PHOTOGRAPHER
5. Timing to Complete the Assignments: CONTRACTOR agrees to the following timing schedule to complete all assignments. All original files must be delivered to PHOTOGRAPHER no later than three days after the conclusion of the wedding. Original files must be presented either on a disc, or a zip drive. Files must be organized into folders by the following types: Getting ready, formal pictures, ceremony, reception. Files may be edited by CONTRACTOR, but are not required to be. If CONTRACTOR chooses to edit their files, they must present both forms (edited and unedited) to PHOTOGRAPHER.
6. Copyright & Reproduction Rights:The CONTRACTORS assignment is a work for hire job. As such, the copyrights of the images produced by him or her, belong to PHOTOGRAPHER. The CONTRACTOR agrees not to sell any image taken during a contracted event from the PHOTOGRAPHER to any person, company, group, advertising agency or otherwise without the PHOTOGRAPHER’s express written permission. The PHOTOGRAPHER grants the CONTRACTOR permission to use the images taken during a contracted event for the CONTRACTOR’s personal print portfolio, website, weblog, brochures, or other advertising tools.
7. Exclusivity: The CONTRACTOR understands that he/she represents the PHOTOGRAPHER and not any other business while completing assignments for the PHOTOGRAPHER. While directly working for the PHOTOGRAPHER, the CONTRACTOR will not advertise his/her own business, will not solicit work for him/herself, and will only distribute the PHOTOGRAPHER’s materials, business cards, and name. The CONTRACTOR is not bound by an exclusivity contract when not working directly for the PHOTOGRAPHER. The CONTRACTOR may pursue other photographic work for him/herself or other studios so long as it shall not directly compete with the PHOTOGRAPHER, or infringe upon the PHOTOGRAPHER’s client base.
8. Confidentiality: The 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 exclusive property of PHOTOGRAPHER, and are privileged confidential information. The CONTRACTOR agrees not to reveal this information to anyone, nor to use this information to the detriment of the PHOTOGRAPHER, including to circumvent or to undercut sales. The CONTRACTOR agrees that all materials as described above must be returned to the PHOTOGRAPHER at such time as this or any subsequent contract or agreement ends.
9. Liability: The CONTRACTOR warrants that he/she will perform when booked for a photographic assignment , and that he/she is liable for any loss or any other financial liability suffered by the PHOTOGRAPHER, due to a failure to perform, other than a documented medical emergency or "Act of Nature.. The PHOTOGRAPHER is not liable for any loss or damage to the CONTRACTOR’s equipment under this contract.
10. Equipment: The CONTRACTOR is responsible for providing all of his/her own equipment with which to complete the assignments. This includes providing his/her own media cards to photograph with.
The agreement constitutes the entire agreements between both parties listed above. Any modification of this agreement must be in writing and signed by both parties. If any provision of this agreement is declared invalid, than the remainder of the agreement will remain in force and intact. This agreement is governed by the laws of the State of Colorado.