SECOND SHOOTER CONTRACT
This is an agreement between (Photographer) and K.T.Lopez Photo (Contractor). Once signed by both parties, this agreement will be effective for the remainder of the year or until both parties cancel in writing. All work performed by Contractor for Photographer shall be governed by the covenants of this Agreement.
Contractor agrees to work for Photographer as an independent contractor providing photography related services for the agreed upon time as outlined above. This assignment, as well as any future assignments, is and will be contracted on a case-by-case basis only. Contractor is not to be confused for an employee and this contract in no way guarantees future work or employment from Photographer. Nothing in this Agreement shall be construed as creating an employer-employee relationship. Contractor further agrees to be responsible for all of his/her own federal and state taxes, withholding, social security, insurance, and all other benefits.
Unless previously discussed and signed, Contractor will be paid Day of Event. Any remaining unpaid payment after said date will accrue interest at the highest rate allowed by law. Payment will be a base amount agreed upon by both Photographer and Contractor prior to signing this Agreement, and will depend on experience and the assignment. Contractor shall be paid the previously agreed-upon amount upon successful transfer of all photos and/or cards to Photographer on the DOE.
Delivery of Files
All original RAW files will be delivered at the end of contracted time. If Contractor’s own CF/SD cards are used and handed over, Photographer takes on full responsibility to safely return cards. In the case of a formatted or lost card, Photographer must fully refund or replace Contractor’s card. Likewise, if Photographer’s cards are used and in the rare case damaged, Contractor will replace/refund cost of repair or replacement. Contractor will insure all her own equipment supplied; any damages that happen day of event will be solely on the Contractor.
Photographer owns all copyrights to any images taken DOE, as Contractor is work for hire. Contractor agrees not to sell any image taken during the contracted event to any person, company, group, advertising agency, or otherwise, without Photographer's express written permission. Photographer grants Contractor permission to use the images taken during the contracted event for Contractor's professional use in the following manner:
Print portfolio immediately and website (including but not limited to blog, Facebook, Twitter, etc.) after six (6) weeks from date of event. Any use that exceeds this limited scope is strictly prohibited.
Contractor agrees to follow the timeline schedule as given by the Photographer to the best of her abilities. Contractor will dress in appropriate, muted/neutral colors and will appear neat and clean. Any tattoos, colored hair, etc. can be covered at Photographers request.
Arrive no later than fifteen (15) minutes prior to the contacted start time stated
Provide her own equipment and supplies, including media cards if needed
Capture images for the scheduled duration of the event as specified
Deliver the event images (RAW) to Photographer following the end of the event.
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 to Photographer for any reason (including, but not limited to, the loss of digital files or other media or the failure of Contractor's equipment) or should the images be of a poor quality not within professional standards shall constitute a material breach of the terms of this agreement, subjecting Contractor to monetary damages. A full or partial waiver of Contractor's fee for that event, in addition to reimbursement to Photographer of any sums that Photographer must refund to the client(s) as a result of Contractor's acts or omissions and/or the costs incurred.
The Contractor understands that she represents Photographer and not any other business while completing assignments for Photographer. While directly working for the Photographer, the Contractor will not advertise her own business (or any other businesses), will not solicit work for herself, and will only distribute the Photographers’ materials, business cards, and name. The Contractor will not contact clients or event vendors regarding event. The Contractor is not bound by an exclusivity contract when not working directly for the Photographer. The Contractor may pursue other photographic work for herself or other Photographers so long as it shall not directly compete with Photographer, or infringe upon Photographer’s client base. Photographer may hire other people to provide similar services as being provided by Contractor.
The Contractor understands that all materials, price lists, contracts, vendor contacts/lists, client contacts/lists, editing & shooting techniques, marketing ideas, financial documents, agreements, and other information or documents that are seen by/given to her in the scope of her assignments are the exclusive property of the Photographer and are privileged and 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. Contractor agrees that she will not, at any time, use or disclose any of Photographer's Confidential Information. Contractor agrees that all Confidential Information is, and shall remain, the sole property of Photographer. Contractor may not use client’s full name or tag clients in photos, except with written permission. Photographer may request Contractor to tag/credit them in any posts.
Photographer may terminate this agreement at any time by giving written notice to Contractor. Photographer must compensate Contractor as agreed upon in this contract upon termination. In the case of cancellation 24 hours before event start time, Photographer agrees to pay Contractor one-half (1/2) the fee agreed upon for Contractors services. Should Photographer fail to comply with the terms of this Agreement, Contractor may terminate this Agreement effective immediately upon giving written notice to Photographer. Contractor may terminate this Agreement for any reason by giving thirty (30) days’ written notice to Photographer. If Contractor terminates this agreement 24 hours before event start time for any reason other than an Act of God, Contractor agrees to refund completely the fee paid by Photographer.
Any modification or amendment to this Agreement requires the agreement of the Parties, and must be made in writing and signed by all Parties or agreed upon via email or message. The validity, construction, and enforceability of this Agreement shall be governed in all respects by the laws of the State of Florida. Any claims arising out of this Agreement shall be first submitted to a licensed neutral party in a mutually agreed upon location and on a mutually agreed upon date to make a good faith effort to resolve or settle the issue by mediation.
By signing, Photographer and Contractor agree to all as stated above
unless otherwise written and agreed upon.