This Photography Services Agreement (this “Agreement”) is made and entered into the day set forth on this page hereto (the "Effective Date") by and between Temerity Photography (“Photographer”), a Wisconsin limited liability company, and the undersigned individual or entity ( “Independent Contractor”).
1. Assignment: The Independent Contractor agrees to work as a second shooter, on a per wedding basis.
2. Independent Contractor: The Independent Contractor and the Photographer hereby specifically agree that the Independent 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 Independent Contractor further agrees to be responsible for all of Independent Contractor's federal and state taxes, withholding, Social Security, insurance and all other benefits. The Independent Contractor shall have no claim against Temerity Photography 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. Memory Cards: The Independent Contractor agrees to photograph the event on memory cards provided by Photographer and to return any used memory cards to the Photographer before the end of the assignment.
4. Copyright: The Independent Contractor agrees the images are owned by the Photographer. The Independent 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 studio’s express written permission.
5. Usage: The Photographer grants the Independent Contractor permission to use the images taken during a contracted event on a case by case basis. Upon written approval from Photographer, Independent Contractor can use the images for print portfolio, website or blog. Images may not be used on social media. All images used on the web must give full credit. Web credit should include a “photographed for Temerity Photography” statement with a link to https://www.temerityphotography.com/. If image usage is approved, the Independent Contractor must wait to use the images online until after the Photographer has issued a specific usage start date.
6. Client Interaction: The Independent Contractor will conduct themselves in a courteous and professional matter during the event at all times. Client interaction after the event, including but not limited to, friend requests, social media follows, etc are not permitted.
7. Business Representation: The contractor will be given the Photographer's business cards to hand out if anyone asks during the wedding. The Independent Contractor is not permitted to promote his or her own business during the event. This includes networking with other vendors and only the Photographer's business information should be given out.
8. Confidentiality: The Independent Contractor understands that all materials, price lists, contracts, financial documents, agreements and other information or documents that are given to him/her in the scope of his/her assignments are the exclusive property of the Photographer and are privileged and confidential information. The Independent Contractor agrees not to reveal this information to anyone, nor to use this information to the detriment of the Photographer. The Independent Contractor agrees that all materials as described above must be returned to the Photographer at the end of this contract.
9. Liability: The Independent 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.” Photographer is not liable for any loss or damage to the contractor’s equipment under this contract.
10. Equipment: The Independent Contractor is responsible for providing all of his/her own equipment with which to complete the assignments. This includes providing his/her own camera equipment to photograph with. Photographer requires that weddings be photographed in RAW format and that all original digital files are relinquished to the Photographer upon completion of the contracted job.
11. Wedding Day Conduct: Independent Contractor will dress in formal attire and will appear neat and clean. Formal attire includes formal, conservative dresses for women and suit for men with dress shoes. Jeans and/or sneakers are not acceptable. Independent Contractor will not be late unless it is an act of God. The contractor will call the Photographer in the event of an emergency or delay.
12. Payment will be arranged on an individual basis for each Independent Contractor. Independent Contractor agrees to send the Photographer their current year W9 and a detailed invoice post-event so that Photographer can issue payment. Independent Contractor will be paid within 7 business days of event date.