This agreement is between Jay Resh Photography, referred to as the PHOTOGRAPHER, and an independent contractor whose name and address appears above, referred to as the CONTRACTOR.
1. ASSIGNMENT: The CONTRACTOR agrees to work as a second shooter, on the agreed date(s).
2. INDEPENDENT CONTRACTOR: The CONTRACTOR and the PHOTOGRAPHER hereby 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. The CONTRACTOR further agrees to be responsible for all of CONTRACTOR’s federal and state taxes, withholding, Social Security, insurance and all other benefits. The CONTRACTOR shall have no claim against PHOTOGRAPHER 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.
3. RAW FILES: CONTRACTOR is responsible to deliver all images captured from the event to PHOTOGRAPHER within 72 hours of the event via PHOTOGRAPHERS designated web storage site. If all images are not delivered to PHOTOGRAPHER within 72 hours of the event, then CONTRACTOR agrees to a 20% reduction in the agreed upon compensation.
4. COPYRIGHT: The CONTRACTOR agrees the images are owned by the 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 PHOTOGRAPHERS express written permission.
5. USAGE: The PHOTOGRAPHER grants the CONTRACTOR permission to use the images taken during the contracted event for the CONTRACTORS print portfolio, website or social media. All images used on the web must mention that images are from second shooting. The contractor must wait to post the images online until 10 weeks after the wedding date.
6. CLIENT INTERACTION: The CONTRACTOR may not communicate with client or their wedding guests via social media, email, and/or phone. The CONTRACTOR cannot mention the clients by name in any of their usage of their images, online or print.
7. BUSINESS REPRESENTATION: The CONTRACTOR is not permitted to promote his or her own business during the wedding. This includes networking with other vendors, only PHOTOGRAPHER business information should be given out.
8. 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 other financial liability suffered by the PHOTOGRAPHER due to failure to perform other than a documented medical emergency or an “Act of Nature.” The PHOTOGRAPHER is not liable for any loss or damage to the contractor’s equipment under this contract.
9. EQUIPMENT: The CONTRACTOR is responsible for providing all of his/her own equipment with which to complete the assignments. The PHOTOGRAPHER requires that weddings be photographed in RAW format and that all original digital files are relinquished to the studio upon completion of the contracted job.
10. WEDDING DAY CONDUCT: Contractor will dress in appropriate clothes and will appear neat and clean. The contractor will TEXT the photographer in the event of an emergency or delay at 619-804-3427.
11. PAYMENT: In exchange for successful completion of this assignment, and when all RAW image files are received, payment will be made by PHOTOGRAPHER to CONTRACTOR. PHOTOGRAPHER agrees to pay the CONTRACTOR, in the manner or method agreed upon.