Second Shooting with Lauren....
INDEPENDENT CONTRACTOR/SECOND SHOOTER AGREEMENT
AGREEMENT/CONTRACT between Photography by Lauren Elizabeth (the “Studio”), located at 4488 Hummingbird Circle Folsom CA 95630 and Danielle Steers (“Contractor”), for the provision of photography services described below.
Assignment: In exchange for adequate and valuable consideration, Contractor agrees to complete the following assignment:
Event Name: Katie and Matthew Wedding
Date: Saturday, June 4th, 2022
Location for photography: Sacramento
Media Cards provided by Studio: SD cards
1. The term of this agreement will begin upon signing by both Contractor and the Studio. This agreement terminates upon Contractor’s completion of duties described herein.
2. INDEPENDENT CONTRACTOR: Contractor agrees and acknowledges that this agreement does not create an employment relationship with the Studio, nor does it make the Contractor a partner, coadventurer or agent of the Studio for any purpose. Contractor acknowledges that he/she holds him/herself out to the public performing the services of a photographer, works for other third parties, provides his/her own equipment, advertises his/her services to others, chooses the creative manner of performance, sets his/her own rates, provides his/her own training, and other than the basic terms of this agreement, is generally not subject to a right of control by the Studio.
3. COPYRIGHT & LICENSE: Contractor prospectively assigns the copyright in all works created as a result of, or ancillary to, this agreement to the Studio. Studio agrees to grant a perpetual and infinite license to the images created by Contractor to the Contractor. Contractor may use the images for his/her portfolio only. Any commercial or 3rd party use of the images is strictly prohibited, such as, but is not limited to submitting to blogs, print publications, and print competitions. Any images posted on social media will require that the Contractor will not refer to the Studio's clients by name and must indicate the image(s) were taken for Studio. Contractor will execute any necessary documents to give effect to the copyright transfer contemplated herein. Contractor will not attempt to register any images created under this agreement.
4. COMPENSATION: Contractor shall be paid the amount detailed in this paragraph UPON SUCCESSFUL TRANSFER OF ALL PHOTOS TO THE STUDIO.
HOURLY RATE : $ 50
OVERTIME RATE (PER HOUR): $50
5. DELIVERY OF IMAGES: Contractor agrees to deliver all photos he/she took at the listed event immediately upon completion of assignment to the Studio. If Contractor used his/her own memory cards, he/she shall deliver those cards to Studio for download immediately upon completion of the assignment and Studio will mail back the cards to the address listed above. If Studio supplies memory cards to Contractor for use at the event, Contractor agrees to return all memory cards-- used and unused-- to Photographer immediately upon completion of the event. As already stated in Paragraph 4, Contractor shall be paid for his/her services only upon successful transfer of all photos and/or memory cards to Studio.
6. CONFIDENTIALITY: Contractor acknowledges that during his/her completion of the contract, that Contractor may be exposed to certain confidential/proprietary information, including, but not limited to, customer and prospective client information. Contractor agrees not to disclose any of this information to any third party, and agrees not to use such information for his/her own advantage either during the time of this agreement or at any time thereafter.
7. ASSIGNMENT CANCELLATION: In the event that an assignment is cancelled, the Studio will notify the Contractor as soon as practicable and Contractor shall not be entitled to any remuneration or damages for cancellation.
8. LIABILITY: Contractor understands that he/she is responsible for maintaining their own liability insurance and equipment. Contractor is responsible for any loss or other financial liability suffered by Studio due to his/her failure to perform, other than a documented medical emergency or "Act of Nature." Studio is not liable for any loss or damage to Contractor’s equipment under this contract.
9. HOLD HARMLESS & INDEMNIFICATION: Contractor further agrees to defend Studio in any action arising out of law or equity and to fully hold harmless and indemnify the Studio for any and all damages or injuries occurring during or related to Contractor’s performance of this contract, including attorney fees, costs and expert witness fees. Contractor acknowledges that in addition to regular damages related to a failure to perform this contract, Contractor may also be liable to the Studio for consequential damages such as lost business opportunities or damage to good will.
Contractor agrees to fully exonerate, indemnify and save harmless the Studio from and against all claims or actions, and all expenses incidental to the defense of any such claims or actions based upon or arising out of damage or injury (including death) to the persons or property caused by or sustained in connection with the performance of this Agreement, or by conditions created thereby, and, if requested by the Studio, to assume without expense to the Studio, the defense of any such claims or actions.
10. FINANCIAL RESPONSIBILITY: Contractor agrees to bear all financial responsibility for his or her agents, and/or employees; and that Contractor shall maintain payroll and compensation records for his or her benefit and for the benefit of his or her employees as may be required by all Federal, state and local laws; and that Contractor shall exonerate, indemnify and hold harmless the Studio from and against, and shall assume full responsibility for payment of, all Federal, State and local taxes, and contributions imposed or required under Federal and State unemployment insurance, social security, workers' compensation, and Federal, State and local income tax laws, with respect to the aforementioned Contractor and his or her employees engaged in the performance of this Agreement.
11. INJUNCTION: In view of the irreparable harm and damage which would occur to said business by a breach of these restrictive covenants and in view of the lack of an adequate remedy at law to protect the Studio’s interests, Contractor hereby consents to the issuance of an injunction enjoining any activity in violation of these restrictive covenants.
12. ENFORCEABILITY: It is the belief of the parties that the best protection which can be given to the Studio and which does not in any way infringe upon the right of Contractor to conduct any unrelated business is to provide for the restrictions described above. In the event that any of said restrictions shall be held unenforceable by any court of competent jurisdiction, the parties hereto agree and it is their desire that such court shall substitute a reasonable judicially enforceable restriction in place of any restriction deemed unenforceable and that as so modified, the restrictions shall be as fully enforceable as if it had been set forth herein by the parties. In determining any restriction hereunder, it is the intent of the parties that the court recognize that the parties hereto desire that this paragraph be imposed and maintained to the greatest extent possible.
13. MISCELLANEOUS: The paragraph headings used herein are for reference only and are not intended to have any effect whatsoever in determining the rights of the parties. Failure by the Studio to exercise any and all rights under the terms of this agreement or enforce any part herein shall not limit its rights to exercise said rights in the future and should not be considered a waiver of any right. This agreement shall be governed by and construed in accordance with the laws of the State of California. Any such suit shall be filed in Santa Clara County, California. This agreement contains the full understanding of the parties and can only be modified in writing.
I have read and agree to the preceding terms and conditions:
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