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This Contract is made and entered into as of the date of all signatures affixed below by and Photo Studio 308 LLC, hereinafter referred to as “THE COMPANY”, and the Photographer whose name and address appears below (further referred to as “SHOOTER”). The SHOOTER will provide, by way of Sub-contract, to “THE COMPANY”, the following services including, but not limited to, Photography, uploading RAW files to selected websites (designated by “THE COMPANY”), delivering RAW Images files to “THE COMPANY” via mail, google drive, dropbox, etc. These services will be provided by SHOOTER to “THE COMPANY” for the business of Wedding Photography and/or other selected events designated by “THE COMPANY”. After confirmation of SHOOTER's availability, ”THE COMPANY” has concluded both SHOOTER and “THE COMPANY” are available to perform and provide these services or projects presented before said SHOOTER. This agreement guarantees the presence of SHOOTER at said event/project listed in this contract. It has also been determined that the SHOOTER is available and qualified to perform such function.
1. Position. The SHOOTER agrees to work with “THE COMPANY” as a work-for-hire Independent Contractor providing Photography services.
2. Duration. The effective term of this Contract will begin upon signing by both “THE COMPANY” and the SHOOTER. This Contract shall conclude upon the SHOOTER’S completion of duties under the Contract.
3. Equipment. The SHOOTER is responsible for providing all necessary equipment and assistance for the entire duration of the job in order to perform said job. This includes necessary professional DSLR camera (or equivalent), back up DSLR camera (or equivalent if necessary), lighting equipment (if necessary), batteries and back up batteries, multiple media cards. This list is in no way a summary of all necessary equipment. It is the responsibility of the SHOOTER to provide the correct equipment based on location of event, weather on date of event and other necessary factors. Before all contracted shoots, SHOOTER is responsible for ensuring all equipment has been pre-cleaned and in good working condition. “THE COMPANY” is not liable for any damage done to the SHOOTER’S equipment. ”THE COMPANY” IS NOT required to replace or repair any equipment damage that may occur to the SHOOTER’S equipment during the course of the event.
4. Image Raw File Delivery. SHOOTER is responsible to deliver all image raw footage captured from the event to “THE COMPANY” within 2 days of the event via one of the following methods: a) Upload all files to the “THE COMPANY” designated Internet Site b) Mail or ship USB to “THE COMPANY” designated office address at 373 Broadway, Studio 308 New York, NY. 10013 c) Hand-deliver digital files on USB to “THE COMPANY” designated area that will be mutually agreed upon by both parties. If all images RAW files are not delivered to “THE COMPANY” within 2 days of the event, then SHOOTER agrees to a 20% reduction in the agreed upon compensation as stated in this agreement.
5. Payment. In exchange for successful completion of this assignment and when SHOOTER delivers all video & audio files as set forth above, and services are deemed completed by the “THE COMPANY” management, payment will be made within 5 days after all files are received. ”THE COMPANY” agrees to pay the SHOOTER, in the manner or method agreed upon, the sum of $40/hour, unless otherwise agreed upon and noted below. The amount of hours worked are not to exceed the hours listed in this agreement, unless agreed upon by “THE COMPANY” Management and bride/groom of event as set forth by this agreement. In case the number of hours accorded with the SHOOTER change by fewer hours "THE COMPANY" only will pay the hours worked, but not less than 4 hours.
6. Storage of Image RAW Files. SHOOTER agrees to store a usable copy of all of the files from said job for a minimum of 14 days from the date of the event, or until “THE COMPANY” approves file deletion. The SHOOTER is NOT allowed to be compensated for any footage taken during the contracted event to any person, company, group, and advertising agency or otherwise.
7. Copyright & Reproduction Rights. This assignment is a work-for-hire job; as such “THE COMPANY” will obtain copyright ownership of all works created by the SHOOTER at the event pursuant to this agreement. All works created at the event will be returned to “THE COMPANY” through the specific procedure hereby defined. The SHOOTER agrees that they will not credit, in any way, the contracted photographer(s) who also worked at the Photo Studio 308 LLC Wedding Event. Photo Studio 308 LLC obtains all copyrights of works produced and must be correctly credited. SHOOTER may request permission to post specific clips, which “THE COMPANY” may approve or decline.
8. Confidentiality. The SHOOTER acknowledges that by engaging in an Independent Contractor relationship with “THE COMPANY”, the SHOOTER will potentially obtain access to the “THE COMPANY” clients, client lists, business plan, business model, and other sources of confidential information. The SHOOTER agrees and acknowledges that such confidential information is important to the business of “THE COMPANY” and will not misappropriate any knowledge gained during the term of engagement for the SHOOTER’S own commercial or other purposes.
The SHOOTER agrees that during the entire term of the assignment, and for a period of one year from the conclusion of the assignment, the Contractor will abide by the following provisions:
(a) The SHOOTER certifies by signature he/she will not attempt to directly or indirect solicit any of “THE COMPANY” customers or prospects in any way. Furthermore, SHOOTER will not attempt in any way to influence the purchasing of services by “THE COMPANY” customers or prospects at any time. This includes, but is not limited to, attempting to convince “THE COMPANY” customer or prospect to terminate contract with “THE COMPANY” and hire said SHOOTER privately. If it is determined that the aforementioned has happened, the SHOOTER is responsible for all monies not collected by “THE COMPANY” pertaining to the amount of this contract with said party or $5000, whichever is greater.
(b) The SHOOTER will not disrupt, impair, interfere, or hinder the business of “THE COMPANY” in any manner, including, but not limited to, soliciting, inducing, or attempting to solicit or induce any employee, vendor, client or business from severing their relationship with the Videographer.
(c) The SHOOTER will not utilize any business model, business plan, client list, or other confidential information obtained by “THE COMPANY” in the course of the engagement, for the SHOOTER’S own business.
9. Professionalism and Behavior.
SHOOTER agrees to introduce themselves only as "An Associate Shooter for Photo Studio 308 LLC" and NOT in any way promote their own business or brand.
SHOOTER agrees to have a professional appearance during the event and to treat “THE COMPANY” customers with courtesy and politeness. Restricted attire will include but is not limited to: denim, cargo pants, yoga pants, tank tops, shorts, casual t-shirts, low-cut blouses, athletic shoes, sandals, hats, wrinkled or unlaundered clothing, visible body piercings (with the exception of earrings and nose ring). SHOOTER agrees not to possess, consume, purchase, or sell alcohol or an illegal drug during the event date. Furthermore, SHOOTER shall not be under the influence of alcohol, impairing drugs, or any illegal drugs while performing duties for this event. An “illegal drug” is a drug or controlled substance which is (1) not legally obtainable, or (2) legally obtainable, but not obtained or used in a lawful manner.
10. Travel. SHOOTER is responsible for all travel expense to and from the event; unless agreed upon, in advance of said event. All exceptions must be in writing and bear the signature of a “THE COMPANY” Executive. SHOOTER also states he/she is in possession of a valid driver’s license to travel henceforth between said locations required on date of event.
11. Relationship. Nothing herein shall be deemed to constitute a partnership or joint venture between the SHOOTER and “THE COMPANY”. This agreement does not commit “THE COMPANY” to the traditional role of employer. In entering into this Contract, and in providing services pursuant hereto, the SHOOTER has and shall have the status of an Independent Contractor and nothing herein contained shall contemplate or constitute an agent or employee relationship and neither “THE COMPANY” nor the SHOOTER shall have any authority to bind the other in any way. ”THE COMPANY” is not responsible for the payment of withholding taxes, unemployment insurance, worker's compensation insurance, social security, pensions, retirement fees, licenses, or other fees. Such costs are the responsibility of the SHOOTER.
12. Liability. The SHOOTER warrants that he/she will perform when booked for a Photography assignment, and that he/she is liable for any loss or other financial liability due to failure to perform other than a documented medical emergency or an “Act of Nature”. “THE COMPANY” is not liable for any loss or damage to the SHOOTER’S equipment under this Contract. SHOOTER agrees to defend, indemnify, and hold harmless “THE COMPANY” and its employees or agents, from any and all claims arising from the services performed or products produced under (or related to) this agreement.
13. Assignment. The SHOOTER may not assign or delegate any of its rights or responsibilities under this Contract to a third party.
14. Insurance. The SHOOTER certifies that he or she has business liability insurance and malpractice insurance (or its equivalent) in an amount sufficient to cover any foreseeable damages related to its performance of this Contract.
15. Failure to Perform. This agreement is the entire agreement between the parties and supersedes any prior oral or written agreement related to this matter between the parties. If SHOOTER fails to perform said work, after this contract is signed, as outlined, SHOOTER will be not receive the payment amount specified. “THE COMPANY” will not hold SHOOTER responsible for acts of God, acts of terrorism, war, serious illness, serious injury, death of immediate family, or other indemnify acts that would prevent SHOOTER from completing work outlined in this contract.
16. Cancellation. In the event that an assignment is canceled, the “THE COMPANY” will provide notice to the Contractor as soon as practicable.
17. Indemnification. ”THE COMPANY” shall be held harmless for any and all injury to the SHOOTER during the course of the Photography event and the immediately surrounding events.
18. Arbitration. Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the “THE COMPANY”’S office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $200. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
19. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
20. Equal Opportunity. ”THE COMPANY” policy is one of equal opportunity for all persons of all facets of “THE COMPANY” operations. Equal opportunity is offered to all officers, faculty, and staff members, and applicants for employment on the basis of their demonstrated ability and competence and without regard to such matters as race, color, religion, sex, national origin, disability, age, veteran status, sexual orientation, and political belief. Both parties shall fully adhere to all applicable local, state, and federal law regarding equal employment opportunity.
21. Miscellany. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract. Any actions or claims against “THE COMPANY” under this agreement must be in accordance with and are controlled by appropriate state/federal law as amended. SHOOTER agrees to adhere to said law of state by which he/she is performing said services. This Contract shall be governed by the laws of the State of New York. SHOOTER agrees that he/she is not, in any way, restricted from crossing state lines, to perform said services. The parties hereto agree that (a) the laws of state where services are performed shall govern this Agreement, (b) any questions arising hereunder shall be construed according to such laws, and (c) this Agreement has been negotiated and executed in the state of which services will be provided and is enforceable in all courts.
22. Acknowledgement and Understanding of Terms. The SHOOTER certifies by signature he/she is legally entitled, and in good faith, enters into this contract. The SHOOTER agrees that they have read and fully agree to the terms above.
