work for hire
Hey there fellow photog! So, don't freak out...I know this agreement is SUPER long. BUT, it's really really important that you read the entire thing prior to signing. To ease your mind a little, I've provided a snapshot of the main details here. Note, this snap shot does not include everything in the contract so yep, you'll still need to read the entire thing.
You're shooting under the Lauren Alisse Photography brand when you second shoot for me, which means that while your brand is equally amazing, it is not to be promoted or shared with anyone for this particular event. In fact, you are to be a brand rep for LAP, meaning that if asked for a business card (or other) at the wedding, you need to give them my info. Of course you can use your own images on your social media feed (do not submit to blogs), but only after I've approved the post and with proper credit ("shot for Lauren Alisse Photography"). You must give me proper notification if you have to cancel. Read below to get the deets. You will get paid within 30 days of the event. Ok! That's the basics. Again, read the whole thing before signing!
This First/Second Shooter Agreement (from now on, we'll refer to this as the “Agreement”) is entered into as of the date this contract is completed (referred to now as “Effective Date”) by and between Lauren Alisse Photography, (referred to as "First Shooter") and the person listed below under "Name", (referred to "Second Shooter" and together with First Shooter, “the Parties”).
Second Shooter acknowledges and agrees that he/she is able to perform, and shall perform for First Shooter, services in connection with First Shooter's wedding and event photography business;
First Shooter wishes to retain Second Shooter to provide services, subject to the terms and conditions listed here;
The Parties do hereby agree to the following terms and conditions:
First Shooter hereby retains Second Shooter.
Second Shooter agrees to provide services (referred to as “Services”) for First Shooter as requested and specified in one or more mutually agreed-upon statements of work, signed by both Parties (referred to as “Statements of Work”).
Each Statement of Work (below as “Addendum A”) shall contain a description of the Services to be performed.
This Agreement begins as of the Effective Date, and shall expire no later than one year from the date this contract is completed, or upon the date of Second Shooter's completion of all Services contracted. If either party wants to terminate the Agreement, please do so 30 days prior to the Event date by sending an email as documentation for both Parties.
First Shooter shall compensate Second Shooter for the Services at the rates specified in the applicable Statement of Work.
Unless provided otherwise in a Statement of Work, Second Shooter shall be paid for each event (referred to as "Event") within fourteen (14) days following each Event.
Any payment to Second Shooter remaining unpaid for more than thirty (30) days following the relevant Event date or Editing Project completion date shall accrue interest at a rate of the lesser of one and one-half (1.5%) percent per month or the highest rate allowed by law.
In the event of any dispute regarding the amount of a payment, the undisputed portion shall be paid. Upon resolution of the disputed portion, any amounts owed to Second Shooter shall be paid with interest at the rate set forth above accruing from the date such amounts were originally due.
No Reimbursement of Expenses: Second Shooter shall be responsible for expenses incurred in performance of Services, including, but not limited to, travel expenses, toll road fees, parking fees, meals, equipment costs, rental fees and repair costs.
No Guarantee of Work: This Agreement is not a guarantee of work by First Shooter to Second Shooter. This Agreement shall only state the Services to be provided by Second Shooter as requested by First Shooter.
Independent Contractor Status: Second Shooter is an “Independent Contractor” and not an employee of First Shooter.
Non-Exclusive Agreement: This Agreement is non-exclusive; First Shooter may hire other people to provide similar services as being provided by Second Shooter. Second Shooters may provide services to third parties as well.
TERMINATION PRIOR TO EXPIRATION OR COMPLETION
By First Shooter: First Shooter may terminate this Agreement at any time by giving written notice to Second Shooter. Upon termination, First Shooter shall be responsible for compensation to Second Shooter for Services rendered prior to Second Shooter's notice of termination.
By Second Shooter: With reasonable cause, such as First Shooter’s failure to comply with the terms of this Agreement, Second Shooter may terminate this Agreement effective immediately upon giving written notice to First Shooter. Second Shooter may terminate this Agreement for any reason by giving thirty (30) days’ written notice to First Shooter.
WORKS CREATE PURSUANT TO THE AGREEMENT
In exchange for payment, Second Shooter transfers ownership in full of all original works and intellectual property created by Second Shooter during the course of completing the Services for First Shooter. Details of the usage of the Second Shooter's images are explained in ADDENDUM A below.
No Fringe Benefits: Second Shooter understands that he/she is not eligible to participate in any of First Shooter's employee benefit programs, including pension, profit sharing, health care, vacation pay, sick pay, or other fringe benefit plan.
No Workers' Compensation Insurance: Second Shooter acknowledges and agrees that First Shooter is not responsible for payment of workers’ compensation insurance since the relationship is that of an independent contractor. In light of this, it is highly recommended that Second Shooter get his/her own policies of business insurance since First Shooter is not responsible for maintaining insurance coverage for independent contractors.
Federal and State Taxes: Second Shooter shall pay all taxes incurred while performing Services under this Agreement, including all applicable income taxes, and self-employment taxes. First Shooter will not withhold FICA (Social Security and Medicare taxes) from Second Shooter's payments or make FICA payments on Second Shooter's behalf.
Second Shooter’s Duty of Confidentiality: Second Shooter agrees that he/she will not, at any time, use or disclose any of First Shooter's Confidential Information or any materials or information which Second Shooter should reasonably expect to be confidential, including personal information related to First Shooter's clients. Second Shooter agrees that all Confidential Information is, and shall remain, the sole property of First Shooter. Upon request, Second Shooter shall promptly return to First Shooter all materials containing or otherwise pertaining to Confidential Information.
First Shooter’s Physical Property & Documents: Upon request or within 1-hour of the end of the Event, whichever is sooner, Second Shooter shall promptly return to First Shooter all property belonging to First Shooter, including any cameras, lenses, film, image files, memory cards and other photography equipment or supplies; computers, office supplies, equipment, books, files or any other physical items owned by First Shooter that are in the possession of Second Shooter.
Modification or Amendment: Any modification or amendment to this Agreement requires the mutual agreement of the Parties, and must be made in writing and signed by all Parties.
Governing Law; Jurisdiction: The validity, construction and enforce-ability of this Agreement shall be governed in all respects by the laws of the State of California. If any dispute arises in connection with or relating to this Agreement, then the Parties agree that the proper jurisdiction shall be the courts located in Sacramento County, California, and the Parties waive any defense of personal jurisdiction or lack of venue.
Dispute Resolution: Any claims arising out of this Agreement shall be first submitted to a licensed neutral party in a mutually agreed upon location and on a mutually agreed upon date to make a good faith effort to resolve or settle the issue by mediation.
In the event that the Parties do not successfully reach an agreement, all claims or disputes in excess of the jurisdiction of small claims court shall be submitted to binding arbitration. The Parties shall select a single arbitrator, and the arbitration shall take place in Sacramento County, California.
The arbitrator’s decision shall be binding on the Parties and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The prevailing Party in any arbitration, trial or other proceeding shall be awarded all filing fees, related administrative costs and reasonable attorneys’ fees, as well as administrative and other costs of enforcing an arbitration award or judgment.
Statement of Work
I. Description of Services
Second Shooter shall provide Photography Services as a subcontractor on date listed above in “Date” field for approximately 8-10 hours, or such other times as requested or updated by First Shooter or the Event Client, for the Wedding listed in the “Client Name” field (herein the “Event”). Upon acceptance in writing by Second Shooter of this Statement of Work by way of electronically signing Second Shooters name below, Second Shooter shall be contractually obligated to render the Services for the Event.
Failure by Second Shooter to perform the Services for the Event shall constitute a material breach of the terms of this Agreement, subjecting Second Shooter to monetary damages as a result of the breach, including but not limited to, waiver of Second Shooter's Fee for the Event, in addition to reimbursement to First Shooter of any sums that First Shooter must refund to the Client as a result of Second Shooter's failure to provide the agreed-upon Services.
Second Shooter shall:
Arrive no later than fifteen (15) minutes prior to the start time stated by the unless it is an act of God and call First Shooter in the event of an emergency or delay;
Provide his/her/its own equipment and supplies (Canon full-frame DSLR, 50mm lens, and additional lenses if possible);
Capture images for the scheduled duration of the Event as specified by the Client;
Deliver the Event images (on SD card given to Second Shooter by First Shooter at the start of Event) to First Shooter no later than 1 hour following the end of the Event;
Photograph the Event in RAW format and that all original digital files are relinquished to the First Shooter upon completion of the contracted job;
Dress in business attire (colors are ok, except for white) and appear neat and clean.
Should Second Shooter perform the Photography Services on the day of the Event but fail to deliver the images to First Shooter for any reason (including, but not limited to, the loss of digital files or other media or the failure of Second Shooter’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 Second Shooter to monetary damages as a result of the breach, including but not limited to, full or partial waiver of Second Shooter's Fee for the Event, in addition to reimbursement to First Shooter of any sums that First Shooter must refund to the Client as a result of Second Shooter's acts or omissions and/or the costs incurred by First Shooter to remedy the situation (such as additional editing/color correction or restoration of damaged or deleted files by a third party company).
Second Shooter shall not:
Sell any image taken during a contracted event from the studio to any person, company, group, advertising agency or otherwise without the studio’s express written permission;
Post any photos from Event prior to written approval from First Shooter;
Connect with the client or their wedding guests in any way (i.e. Facebook friend or accept a friend request from a client, email, exchange phone numbers, etc) or their wedding guests;
Give out Second Shooter’s business cards, promote his or her own business during the wedding, or network with other vendors unless it is to promote the brand of the Second Shooter’s business;
Post a photo of the wedding without written approval from First Shooter;
Submit the Event to any third-party blogs, submissions, websites.
The First Shooter grants the Second Shooter permission to use the images taken during a contracted event for the contractor’s print portfolio, website or blog. All images used on the web must give full credit. It should include a “photographed for Lauren Alisse Photography” statement with a link to www.laurenalissephotography.com or appropriate social media handle. The Second Shooter must wait to use the images online until after the studio blogs the event, or 6 weeks, whichever comes first, with the exception of social media in which the Second Shooter must wait until the First Shooter has posted on social media and has received written consent to post on social media.
II. Second Shooter’s Fee
In consideration for the Photography Services to be performed by Second Shooter, as specified above, First Shooter agrees to pay Second Shooter at the rate of $50/hour per Event.
III. Cancellation and Postponement
Cancellation of Photography Services:
Should Second Shooter's Services for any Event be cancelled as a result of cancellation of the Event by the Client, or because First Shooter no longer needs Second Shooter to perform the Services, any notice of cancellation of Second Shooter's Services given to Second Shooter less than twenty-four (24) hours prior to the start time of the applicable Event will result in payment to Second Shooter by First Shooter of one-half (1/2) of the Fee for Second Shooter's Services for that Event.
The Second Shooter 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 First Shooter due to failure to perform other than a documented medical emergency or an “Act of God.” The First Shooter is not liable for any loss or damage to the contractor’s equipment under this contract.
The undersigned Parties agree that this Addendum shall be incorporated fully into the First/Second Shooter Agreement as of the date this contract is electronically signed, and the Parties expressly agree to the terms and conditions herein.
BY COMPLETING THE FORM BELOW AND SUBMITTING AN ELECTRONIC SIGNATURE, THE SECOND SHOOTER HAS READ AND UNDERSTANDS THE ABOVE AND AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS.