PRIMARY PHOTOGRAPHER AGREEMENT BETWEEN ‘THE ISLES PHOTOGRAPHY’ and ‘NAME’.
1. Overview: This is an Agreement between Parties: The Isles Photography, hereinafter the PRIMARY and an independent contractor whose name appears above, hereinafter the CONTRACTOR. This Agreement becomes effective upon the Parties’ signatures, below. This agreement is effective when this Agreement is signed by completing the below form and clicking ‘YES’ and will continue in effect for the remainder of the year or until either party cancels the agreement in writing.
2. Timing to Complete the Assignments: The CONTRACTOR agrees to follow the timing schedule to finish the assignments. All original files (RAW) must be delivered to the PRIMARY in the week after the event. All original files are to be backed up onto the CONTRACTORs laptop computer or external hard drive as soon as possible.
3. Copyright & Reproduction Rights: The Contractor’s assignment is a work-for-hire job; as such the copyrights to the images produced by him/her belong to the PRIMARY. The CONTRACTOR agrees not to sell or share any image taken during a contracted event from the PRIMARY to any person, company, group, advertising agency or otherwise without the PRIMARY’s express written permission. The PRIMARY grants the CONTRACTOR permission to use the images taken during a contracted event for the CONTRACTOR’s personal print portfolio & web portfolio.
4. Exclusivity: The CONTRACTOR understands that he/she represents the PRIMARY and not any other business while completing assignments for the PRIMARY. The CONTRACTOR will call themselves a photographer at The Isles Collective. While directly working for the PRIMARY, the CONTRACTOR will not advertise his/her own business (or any other businesses), will not solicit work for himself/herself, and will only distribute the PRIMARY’s materials, business cards, and name. The CONTRACTOR is not bound by an exclusivity contract when not working directly for the PRIMARY. The CONTRACTOR may pursue other photographic work for him/herself or other PRIMARYs so long as it shall not directly compete with the PRIMARY, or infringe upon the PRIMARY’s client base. PRIMARY may hire other people to provide similar services as being provided by CONTRACTOR.
5. Confidentiality: 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 him/her in the scope of his/her assignments are the exclusive property of the PRIMARY 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 PRIMARY, including to circumvent or to undercut sales. The CONTRACTOR agrees that all materials as described above must be returned to the PRIMARY at such time as this or any subsequent contract or agreement ends. CONTRACTOR agrees that [he/she] will not, at any time, use or disclose any of PRIMARY's Confidential Information or any materials or information which CONTRACTOR should reasonably expect to be confidential, including personal information related to PRIMARY clients. CONTRACTOR agrees that all Confidential Information is, and shall remain, the sole property of PRIMARY. Upon request, CONTRACTOR shall promptly return to PRIMARY all materials containing or otherwise pertaining to Confidential Information.were originally due.
6. 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 PRIMARY due to failure to perform other than a documented medical emergency or an “Act of Nature/God”. The PRIMARY is not liable for any loss or damage to the CONTRACTOR’s equipment under this contract.
7. Insurance: The CONTRACTOR must have their own insurance for their gear and for public liability.
8. Payment: The full payment including the agreed upon travel costs (discussed via email) will be made on submission of this agreement.
STATEMENT OF WORK.
I. Description of Services
CONTRACTOR agrees to perform the following services (herein “Services”): CONTRACTOR shall provide Photography Services as a subcontractor for the events (herein “Events”) of PRIMARY's Clients. As requested by PRIMARY and agreed to by CONTRACTOR, CONTRACTOR will capture high-quality images in a professional manner in keeping with industry standards. All images are to be shot in RAW format with no white balance shift.
PRIMARY shall provide CONTRACTOR with the requested dates for CONTRACTOR's Services at PRIMARY's Clients’ Events. CONTRACTOR shall inform PRIMARY in writing (including email and/or messages) if [he/she] will commit to performing the Services as a subcontractor for each requested Event. Upon acceptance in writing (including email) of each Event by CONTRACTOR, CONTRACTOR shall be contractually obligated to render the Services for the specific Event(s). Failure by CONTRACTOR to perform the Services for a specific Event shall constitute a material breach of the terms of this Agreement, subjecting CONTRACTOR to monetary damages as a result of the breach, including but not limited to, waiver of CONTRACTOR's Fee for that Event, in addition to reimbursement to PRIMARY of any sums that PRIMARY must refund to the Event Client(s) as a result of CONTRACTOR's failure to provide the agreed-upon Services.
For each Event, CONTRACTOR shall:
Arrive no later than fifteen (15) minutes prior to the start time stated by the Event Client(s)
Provide his/her/its own equipment and supplies
Capture images for the scheduled duration of the Event as specified by the PRIMARY
Deliver the Event images (RAW) to PRIMARY following the end of the Event.
Capture high-quality images in a professional manner in keeping with industry standards.
Should CONTRACTOR perform the Photography Services on the day of the Event but fail to deliver the images to PRIMARY 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, such failure to deliver the images or perform the Services in a professional manner shall constitute a material breach of the terms of this Agreement, subjecting CONTRACTOR to monetary damages as a result of the breach, including but not limited to, full or partial waiver of CONTRACTOR's Fee for that Event, in addition to reimbursement to PRIMARY of any sums that PRIMARY must refund to the Client(s) as a result of CONTRACTOR's acts or omissions and/or the costs incurred by PRIMARY to remedy the situation (such as additional editing/color correction or restoration of damaged or deleted files by a third party company).