This agreement is between MIAPHOTOGRAPHY (Photographer), and _____[NAME]_____ (Contractor), an independent contractor whose full name, address, and phone number appear at the bottom of this form.
1. EVENT: Contractor agrees to work for Photographer as an independent contractor, providing photography-related services on ______(DATE)_________ at ________(PLACE)___________.
2. ASSIGNMENT: This assignment, as well as any future assignments, is and will be contracted on a case-by-case basis only. MIAPhotography is under no obligation to guarantee Contractor any minimum number of contracts or any minimum number of hours. All work performed by Contractor for MIAPhotography shall be governed by the covenants of this Agreement.
3. INDEPENDENT CONTRACTOR: The Contractor and MIAPhotography specifically agree that the Contractor is performing the services as an independent contractor and is not an employee of MIAPhotography. 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.
4. COMPENSATION: Payment will be arranged on an individual basis for each contractor. Payment will be a base amount depending on experience and the assignment. Contractor shall be paid the previosuly agreed-upon amount UPON SUCCESSFUL TRANSFER OF ALL PHOTOS/CARDS TO PHOTOGRAPHER.
5. DELIVERY OF IMAGES: Contractor agrees to transfer all photos he/she took at the listed event immediately upon completion of the event. If Contractor used his/her own memory cards, he/she shall make those cards available to Photographer for download immediately upon completion of the event. Photographer will supply memory cards to Contractor for use at the event, and 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 Photographer.
6. COPYRIGHT & REPRODUCTION RIGHTS: The Contractor's assignment is work for hire. As such, the copyrights of the images produced by him/her belong to MIAPhotography. 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. MIAPhotography grants Contractor permission to use the images taken during the contracted event for Contractor's professional use in the following manner: Print portfolio immediately, website (including but not limited to blog, Facebook, Twitter, etc.) after six (6) weeks from date of event. Web use shall include an accompanying "Photographed for MIAPhotography" credit line. Any use that exceeds this limited scope is strictly prohibited.
7. EXCLUSIVITY: Contractor understands that he/she represents MIAPhotography and not any other business while completing assignments for MIAPhotography. While directly working for MIAPhotography, Contractor will not advertise his/her own business, will not solicit work for him/herself, and will only distribute Photographer's business cards, name, and marketing materials. Contractor is not bound by an exclusivity agreement when not working directly for MIAPhotography. Contractor may pursue other photographic work for him/herself or other studios, as long as it shall not directly compete with MIAPhotography, infringe upon MIAPhotography's client base, or solicit MIAPhotography clients, either directly or indirectly.
8. CONFIDENTIALITY: 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 MIAPhotography, and are privileged, confidential information. Contractor agrees not to reveal this information to anyone, nor to use this information to the detriment of MIAPhotography in any way.
9. LIABILITY: Contractor warrants that he/she is liable for any loss or any other financial liability suffered by MIAPhotography due to a failure to perform, other than a documented medical emergency or "Act of Nature." MIAPhotography is not liable for any loss or damage to Contractor’s equipment under this contract.
10. EQUIPMENT: Contractor is responsible for providing all of his/her own equipment with which to complete the assignment. This includes providing his/her own media cards to photograph with in the event that MIAPhotography does not provide them. It is required that weddings be photographed in RAW format. Additionally, the Contractor may not delete images from their media cards during the duration of the event until the cards have been downloaded and backed up by MIAPhotography, to avoid potential corruption of the files. All original digital files will be copied and downloaded by MIAPhotography upon completion of the contracted job. Once files are successfully downloaded and backed up by MIAPhotography, the media cards used by the Contractor with the original images will be given back to MIAPhotography. Any photos taken on the Contractor’s media cards (only if a second card slot is used) may be used by the Contractor at their discretion, according to Copyright and Reproduction Rights stated above (6).
11. CLIENT INTERACTION: The Contractor should not attempt to contact the client in any way for any reason.
12. WEDDING DAY CONDUCT: Contractor will dress in appropriate, muted/neutral colors and will appear neat and clean. Contractor will arrive on time and not be late unless it is an act of God. The Contractor will call MIAPhotography in the event of an emergency or delay.
13: CONTRACTOR EXPECTATIONS: For each event, Contractor will:
Arrive no later than fifteen (15) minutes prior to the contacted start time stated by MIAPhotography
Provide his/her/its own equipment and supplies, including media cards
Capture images for the scheduled duration of the event as specified by the MIAPhotography
Deliver the event images (RAW) to MIAPhotography 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 MIAPhotography 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 MIAPhotography of any sums that MIAPhotography must refund to the client(s) as a result of Contractor's acts or omissions and/or the costs incurred by MIAPhotography to remedy the situation (such as additional editing/color correction or restoration of damaged or deleted files by a third party company).
The agreement constitutes the entire agreements between the parties. Any modification of this agreement must be in writing and signed by both parties. If any provision of this agreement is declared invalid, then the remainder of the agreement will remain in force and effect.
PLEASE COMPLETE THE FORM BELOW.
Completion and submission of the following form denotes acceptance of all the terms listed above, and formal acceptance of this assignment as an Independent Contractor. By writing my name in the section below, I am digitally signing this form and agreeing to all the terms.
I agree to all terms stated above: