TFC SECOND SHOOTER CONTRACT
Please carefully read the contract below. Then fill out the form and sign to complete.
TERMS AND CONDITIONS
This Contract is made and entered into as of the date of all signatures affixed below by and Frost Visual Storytelling LLC (further referred to as “TFC”), an Independent Contractor whose name and address appears above, and and the Photographer whose name and address appears above (further referred to as “PHOTOGRAPHER”). The PHOTOGRAPHER will provide, by way of Sub-contract, to TFC, the following services including, but not limited to, photography, assistant duties for the first photographer at the event, uploading RAW image files to selected websites (designated by TFC), etc. These services will be provided by PHOTOGRAPHER to TFC for the business of Wedding Photography and/or other selected events designated by TFC. After confirmation of PHOTOGRAPHER’S TFC Availability Calendar, TFC has concluded both PHOTOGRAPHER and TFC are available to perform and provide these services or projects presented before said PHOTOGRAPHER. This agreement guarantees the presence of PHOTOGRAPHER at said event/project listed in this contract. It has also been determined that the PHOTOGRAPHER is available and qualified to perform such function.
1. Position. The PHOTOGRAPHER agrees to work with TFC as a work-for-hire Independent Contractor providing photography services.
2. Duration. The effective term of this Contract will begin upon signing by both TFC/OWNER MADELEINE FROST and the PHOTOGRAPHER. This Contract shall conclude upon the PHOTOGRAPHER’S completion of duties under the Contract.
3. Equipment. The PHOTOGRAPHER 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 PHOTOGRAPHER to provide the correct equipment based on location of event, weather on date of event and other necessary factors. Before all contracted shoots, PHOTOGRAPHER is responsible for ensuring all equipment has been pre-cleaned and in good working condition. TFC is not liable for any damage done to the PHOTOGRAPHER’S equipment. TFC IS NOT required to replace or repair any equipment damage that may occur to the PHOTOGRAPHER’S equipment during the course of the event.
4. Raw Image File Delivery. PHOTOGRAPHER is responsible to deliver all images captured from the event to TFC within 72 hours of the event via one of the following methods: a) Upload all images to the TFC designated Internet Site b) Mail or ship USB to TFC designated office address at 4616 67th St Apt C4 Lubbock Texas 79414 c) Hand-deliver digital image files on USB to TFC designated area that will be mutually agreed upon by both parties. If all images are not delivered to TFC within 72 hours of the event, then PHOTOGRAPHER 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 PHOTOGRAPHER delivers all images as set forth above, and services are deemed completed by the TFC management, payment will be made within 7 days after RAW image files are received. TFC agrees to pay the PHOTOGRAPHER, in the manner or method agreed upon, the sum of $30/hour. The amount of hours worked are not to exceed the hours listed in this agreement, unless agreed upon by TFC Management and bride/groom of event as set forth by this agreement.
6. Storage of Raw Image Files. PHOTOGRAPHER agrees to store a usable copy of all of the images from said job for a minimum of 90 days from the date of the event. AND may not clear memory cards of event until 30 days after the wedding.The PHOTOGRAPHER is NOT allowed to be compensated for any image 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 TFC will obtain copyright ownership of all works created by the PHOTOGRAPHER at the event pursuant to this agreement. All works created at the event will be returned to TFC through the specific procedure hereby defined. The PHOTOGRAPHER agrees that they will not credit, in any way, the contracted photographer(s) who also worked at The Frost Collective Wedding Event. The Frost Collective obtains all copyrights of works produced and must be correctly credited. TFC grants the PHOTOGRAPHER permission to use the images taken during the contracted event in the following manner(s): reproduce the works for their own personal print portfolio, website, web-log, brochures, social media or other advertising tools. PHOTOGRAPHER cannot use or share images in any way until 6 MONTHS past the event date.
8. Confidentiality. The PHOTOGRAPHER acknowledges that by engaging in an Independent Contractor relationship with TFC, the PHOTOGRAPHER will potentially obtain access to the TFC’S clients, client lists, business plan, business model, and other sources of confidential information. The PHOTOGRAPHER agrees and acknowledges that such confidential information is important to the business of TFC and will not misappropriate any knowledge gained during the term of engagement for the PHOTOGRAPHER’S own commercial or other purposes.
The PHOTOGRAPHER 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 PHOTOGRAPHER certifies by signature he/she will not attempt to directly or indirect solicit any of TFC’S customers or prospects in any way. Furthermore, PHOTOGRAPHER will not attempt in any way to influence the purchasing of services by TFC’S customers or prospects at any time. This includes, but is not limited to, attempting to convince TFC’S customer or prospect to terminate contract with TFC and hire said PHOTOGRAPHER privately. If it is determined that the aforementioned has happened, the PHOTOGRAPHER is responsible for all monies not collected by TFC pertaining to the amount of this contract with said party or $5000, whichever is greater.
(b) The PHOTOGRAPHER will not disrupt, impair, interfere, or hinder the business of TFC 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 Photographer.
(c) The PHOTOGRAPHER will not utilize any business model, business plan, client list, or other confidential information obtained by TFC in the course of the engagement, for the PHOTOGRAPHER’S own business.
9. Professionalism and Behavior. PHOTOGRAPHER agrees to have a professional appearance during the event and to treat TFC 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). PHOTOGRAPHER agrees not to possess, consume, purchase or sell alcohol or an illegal drug during the event date. Furthermore, PHOTOGRAPHER 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. PHOTOGRAPHER 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 TFC Executive. PHOTOGRAPHER 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 PHOTOGRAPHER and TFC. This agreement does not commit TFC to the traditional role of employer. In entering into this Contract, and in providing services pursuant hereto, the PHOTOGRAPHER 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 TFC nor the PHOTOGRAPHER shall have any authority to bind the other in any way. TFC 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 PHOTOGRAPHER.
12. Liability. The PHOTOGRAPHER warrants that he/she will perform when booked for a photographic 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”. TFC is not liable for any loss or damage to the PHOTOGRAPHER’S equipment under this Contract. PHOTOGRAPHER agrees to defend, indemnify, and hold harmless TFC 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 PHOTOGRAPHER may not assign or delegate any of its rights or responsibilities under this Contract to a third party.
14. Insurance. The PHOTOGRAPHER 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 PHOTOGRAPHER fails to perform said work, after this contract is signed, as outlined, PHOTOGRAPHER will be not receive the payment amount specified. TFC will not hold PHOTOGRAPHER responsible for acts of God, acts of terrorism, war, serious illness, serious injury, death of immediate family, or other indemnify acts that would prevent PHOTOGRAPHER from completing work outlined in this contract.
16. Cancellation. In the event that an assignment is canceled, the TFC will provide notice to the Contractor as soon as practicable.
17. Indemnification. TFC shall be held harmless for any and all injury to the PHOTOGRAPHER 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 TFC’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. TFC policy is one of equal opportunity for all persons of all facets of TFC 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 TFC under this agreement must be in accordance with and are controlled by appropriate state/federal law as amended. PHOTOGRAPHER 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 Texas. PHOTOGRAPHER 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 PHOTOGRAPHER certifies by signature he/she is legally entitled, and in good faith, enters into this contract. The PHOTOGRAPHER agrees that they have read and fully agree to the terms above.