Second Photographer Contract
This agreement is between Dana Yu Creative, LLC. , referred to as the studio, and an independent contractor whose name and address appears above, referred to as the contractor. 1. Assignment: The contractor agrees to work as a second shooter, on a per wedding basis.
2. Independent Contractor: The contractor and the studio hereby specifically agree that the contractor is performing the services as an independent contractor and is not an employee of the studio. 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 studio’s sole discretion to terminate this agreement at any time without cause. The contractor further agrees to be responsible for all of contractor’s federal and state taxes, withholding, Social Security, insurance and all other benefits. The contractor shall have no claim against Dana Yu Creative, LLC. 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. Cards: The contractor agrees to hand over all memory cards before leaving the event. The studio will either provide memory cards for use, or if the contractor requests to use his/hers, the data will be downloaded the next day and mailed back to the contractor.
4. Copyright: The contractor agrees the images are owned by the studio. The contractor agrees not to 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.
5. Usage: The studio grants the contractor permission to use the images taken during a contracted event for the contractor’s portfolio. All images used on the web must give full credit. It should include a “photographed for Dana Yu Creative” statement with a link to http://www.danayucreative.com. The contractor must wait to use the images online until after the studio blogs the event, or 6 weeks, whichever comes first.
6. Client Interaction: The contractor may not connect with client or their wedding guests via social media or any other channels for any reason.
7. Business Representation: The contractor will be given the studio’s business cards to hand out if anyone asks during the wedding. The contractor is not permitted to promote his or her own business during the wedding. This includes networking with other vendors, only the studio's business information should be given out.
8. Confidentiality: The 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 studio 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 studio, including to circumvent or to undercut sales. The contractor agrees that all materials as described above must be returned to the studio at the end of this contract.
9. 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 studio due to failure to perform other than a documented medical emergency or for reasons outside the contractor’s control. The studio is not liable for any loss or damage to the contractor’s equipment under this contract.
10. Equipment: The contractor is responsible for providing all of his/her own equipment with which to complete the assignments. The studio requires that weddings be photographed in RAW format and that all original digital files are relinquished to the studio upon completion of the contracted job.
11. Wedding Day Conduct: Contractor will dress in dark colors and will appear neat and clean. Contractor will not be late unless it is outside the contractor’s control. The contractor will call the studio in the event of an emergency or delay.
12. Payment will be negotiated on an individual basis for each contractor. Payment will be commensurate with experience and the assignment. Payment will be given within one week after the event.