Associate  &  Second Shooter Contract

1. Overview

 

This is an Agreement between Parties: Queen Bea Photography, THE PRIMARY, and an independent contractor who is referred to subsequently as the CONTRACTOR. This agreement becomes effective upon submission of the form below.

 

2. Position

 

The CONTRACTOR agrees to work for the PRIMARY as a work-for-hire independent contractor providing wedding photography related services on an agreed basis. The CONTRACTOR is a freelancer working for themselves.

 

3. Assignment

 

This assignment, as well as any future assignments, is and will be contracted on a case-by-case basis only. All work performed by the CONTRACTOR for the PRIMARY shall be governed by the covenants of this agreement.

 

3. Independent Contractor

 

The CONTRACTOR and the PRIMARY specifically agree that the CONTRACTOR is performing the services as an independent contractor and is not an employee of the PRIMARY. Nothing in this agreement shall be construed as creating an employer-employee relationship. The CONTRACTOR further agrees to be responsible for all of their own insurance.

 

4. Compensation

 

The CONTRACTOR shall be paid the amount agreed upon successful transfer of all photos to the PRIMARY. Rate and hours to be agreed in writing prior to the event.

 

5. Delivery of images

 

The CONTRACTOR agrees to transfer all photos they took at the event within 24 hours of completion of the event, unless previously agreed otherwise. The CONTRACTOR shall be paid for their services only upon successful transfer of all photos and/or memory cards to the PRIMARY.

 

6. Copyright & Reproduction Rights

 

The CONTRACTOR’s assignment is work for hire. As such, the copyrights of the images produced by them belong to the PRIMARY. CONTRACTOR agrees not to sell any image taken during the contracted event to any person, company, group, advertising agency, or otherwise, without the PRIMARY’s express written permission. The PRIMARY grants CONTRACTOR permission to use the images taken during the contracted event for their professional use once the completed gallery has been delivered to the couple. The only exclusion to this is if a blog or magazine would like exclusivity of the images in this case the PRIMARY will notify the CONTRACTOR as soon as possible and inform them when they can thus feature the images. Any web use shall include an accompanying credit, such as “Photographed for Queen Bea Photography”.

 

7. Exclusivity

 

The CONTRACTOR understands that they represent Queen Bea Photography and not any other business while completing assignments for the PRIMARY. While directly working for the PRIMARY, the CONTRACTOR will not advertise their own business, will not solicit work for themselves, and will only distribute the PRIMARY’s business cards, name, and marketing materials.

 

8. Confidentiality

 

The CONTRACTOR understands that all materials, price lists, contracts, financial documents, agreements, and other information or documents that are given to them in the scope of their assignments, are the exclusive property of the PRIMARY, 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 PRIMARY, in any way.

 

9. Liability

 

The CONTRACTOR warrants that they are liable for any loss or any other financial liability suffered by the PRIMARY, due to a failure to perform, other than a documented medical emergency or an “Act of God”. The PRIMARY 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 their own equipment with which to complete the assignment.

 

11. Description of services

 

For each event, the CONTRACTOR shall:

  • Arrive no later than fifteen minutes prior to the start time stated by the client.

  • Provide their own equipment and supplies.

  • Capture images for the scheduled duration of the event as specified by the PRIMARY.

  • Deliver the RAW images to the PRIMARY following the end of the event.

  • Dress in wedding appropriate attire.

  • 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 for any reason (including, but not limited to, the loss of digital files or other media or the failure of the 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, shall constitute a material breach of the terms of this agreement. This will thus subject the 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 to the PRIMARY of any sums the PRIMARY must refund to the client(s) as a result of CONTRACTOR’s acts or omissions and/or the costs incurred by the PRIMARY to remedy the situation.

 

This agreement constitutes the entire agreements between the parties. Any modification of this agreement must be in writing and signed by both parties. If any provision of this agreement is declared invalid, then the remainder of the agreement will remain in force and effect.

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