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 taxes, national insurance, pensions 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. Assistant: Mentor-ship time/headshots (30 minutes for every 4 hours worked) b. 2nd shooter: £50 up to £250. The amount shall be paid according to the following schedule: a. Assistants shall be paid at the conclusion of the assignment at which they assisted. b. Secondary 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 one day after the conclusion of the event. Original files must be presented either on a disc, or a USB. Files must be organized into folders by the following types: Unedited picture and edited pictures. Files cannot be edited by CONTRACTOR. 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 portfolio in none commercial gain.
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 PHOTOGRAPHER will only provide equipment in extreme circumstances, the PHOTOGRAPHER will make the decision depending upon the circumstance, and if equipment is loaned from the PHOTOGRAPHER a charge may apply. The CONTRACTOR will take full liability for any loss or damage to the PHOTOGRAPHERS equipment loaned to him/her.
The agreement constitutes the entire agreements between both parties. 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 United Kingdom of Great Britain.
CONTRACTOR agreement: CLIENT AGREEMENT: By working with the PHOTOGRAPHER the CONTRACTOR agrees to all of the above listed terms and conditions.