Second Shooter Contract
This Agreement is between Chelsea Terry of Chelsea Terry Photography (hereafter “The Studio”) and Breanne Dwyer (hereafter “Independent Contractor”), who is being engaged only as an independent contractor to provide services. All work done by Independent Contractor for The Studio is governed exclusively by this Agreement. This Agreement is in force until or unless any further written and executed amendment is created. This agreement concerns the (event): wedding, on (date): September 10th 2017.
1. Assignment: The Independent Contractor agrees to work as a second shooter, on a per-shoot basis. He/she works only as a work-for-hire independent contractor on an as-needed basis, and is not an employee of The Studio.
2. Independent Contractor: The Independent Contractor and The Studio hereby specifically agree that the Independent Contractor is performing the services as an independent contractor and is not an employee of the studio. 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 studio’s sole discretion to terminate this agreement at any time without cause. The Independent Contractor further agrees to be responsible for all of his/her own federal and state taxes, withholding, Social Security, insurance and all other benefits. The Independent Contractor shall have no claim against The Studio hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. Independent Contractor shall not assign, sub-contract, substitute, or hire any third party to take the place of Independent Contractor in performance of this Agreement.
3. Cards: The Independent Contractor agrees to hand over all memory cards before leaving the event(s). Cards will be mailed back within 48 hours of the event(s) or returned in person.
4. Copyright: Independent Contractor agrees all images are owned by The Studio. The Independent Contractor agrees not to sell any image taken during contracted event(s) to any person, company, group, advertising agency or otherwise without The Studio's express written permission.
5. Usage: All photos taken, all poses arranged, all image edits, all digital files, and any other work created by Independent Contractor in relation to this Agreement is the exclusive and sole property of The Studio. The Independent Contractor relinquishes all copyright and other intellectual property rights of any media created in relation to this Agreement to The Studio. In return, The Studio grants the Independent Contractor permission to use his/her images taken during contracted event(s) for his/her print portfolio, website or blog. All images used on the web must give full credit to The Studio.
6. Client Interaction: The Independent Contractor may not tag or link photos to clients or guests on any social or personal platform. The Independent Contractor cannot connect their photos to the client or guests in any way or for any reason.
7. Business Representation: The Independent Contractor is not permitted to promote his or her own business during the wedding- this includes networking with other vendors.
8. Confidentiality: The Independent 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 The Studio and are privileged and confidential information. The Independent Contractor agrees not to reveal this information to anyone, nor to use this information to the detriment of The Studio, including to circumvent or to undercut sales.
9. Liability: The Independent Contractor warrants that he/she will perform to their best ability when booked for event(s), and that he/she is liable for any loss or other financial liability suffered by The Studio due to failure to perform, other than a documented medical emergency or an Act of God/Nature. The Studio is not liable for any loss or damage to the Independent Contractor's equipment under this contract.
10. Equipment: The independent 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 studio requires that weddings be photographed in RAW format and that all original digital files are relinquished immediately to the studio upon completion of the contracted job.
11. Wedding Day Conduct: Independent Contractor will dress in dark colors and will appear neat and clean for event(s). He/she will not be late unless it is by an Act of God/Nature. The Independent Contractor will call The Studio in the event of an emergency or delay.
12. Payment: Payment will be arranged on an individual basis for each contract. Payment will be a base amount depending on experience and the assignment, typically between $300 and $400 for the day. Assignments are typically 8-13 hours. All monies paid to Independent Contractor by The Studio must be returned to The Studio in full in any case in which the terms of this contract are violated or broken or the Independent Contractor is absent for event(s). The agreed-upon payment for the contracted event occurring 9/10/2017 is $350.
This Agreement constitutes a single integrated Contract expressing the entire agreement between the Independent Contractor and The Studio with respect to the subject matter hereof, and supersedes all prior oral and written agreements and discussions with respect to the subject matter hereof, and, except as specifically set forth herein, there are no other agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter hereof.
Amendment and Waiver
This Agreement and each provision hereof may be amended, modified, supplemented or waived only by a written document specifically identifying this Agreement and duly executed by each party hereto or the authorized representative of such party. If any part of this Agreement is determined to be void, invalid, inoperative or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, such decision shall not affect any other provisions hereof and the remainder of this Agreement shall be effective as though such void, invalid, inoperative or unenforceable provision had not been contained herein.