SECOND SHOOTER AGREEMENT
1. OVERVIEW: This is an Agreement between Parties: Emma Craven Photography, hereinafter referred to as “PRIMARY” or “Emma Craven Photography” and an independent contractor whose name and information appears above, hereinafter referred to as “CONTRACTOR” or “SECOND SHOOTER”. This Agreement becomes effective upon the SECOND SHOOTER’S signature below. This agreement is effective when signed and will continue in effect for the term until the date of the final contracted event or assignment. If any party wishes to terminate or not renew the agreement – such as Emma Craven Photography or CONTRACTOR, a 45-day written notice by either party is required.
2. POSITION + ASSIGNMENT: The CONTRACTOR agrees to work for the PRIMARY as a work-for-hire independent contractor providing Wedding Photography related services on an ‘as needed’ basis. The CONTRACTOR is a freelance working for [himself/herself]. The PRIMARY is under no obligation to guarantee CONTRACTOR any minimum number of contracts or any minimum number of hours. All work performed by the CONTRACTOR for the PRIMARY at all times shall be governed by the covenants of this Agreement.
3. INDEPENDENT CONTRACTOR: The CONTRACTOR and the PRIMARY hereby specifically agree that the CONTRACTOR is performing the services as an independent contractor and is not an employee of the PRIMARY. 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 PRIMARY’S sole discretion to terminate this Agreement at any time without cause. CONTRACTOR understands that [he/she] is not eligible to participate in any of the PRIMARY’S employee benefit programs, including pension, profit sharing, healthcare, vacation pay, sick pay, or any other fringe benefit plan. CONTRACTOR acknowledges and agrees that PRIMARY is not responsible for payment of workers’ compensation insurance since the relationship is that of an independent contractor.
4. EQUIPMENT: The CONTRACTOR is responsible for providing all of [his/her] own equipment with which to complete the assignments. This includes providing [his/her] own cameras, lenses, flash and lighting equipment, bags, cleaning supplies, memory cards (if needed), and misc gear. Emma Craven Photography will supply memory cards in most cases and the CONTRACTOR will be responsible for cards, and will take all precautions to keep them safe. CONTRACTOR will be required to return all of Emma Craven Photography’s cards to Emma Craven Photography at the end of event/assignment. In the event Emma Craven Photography chooses to provide any other equipment for the CONTRACTOR to use during event, the CONTRACTOR shall take all necessary precautions to protect equipment while it is in the CONTRACTOR’S possession. CONTRACTOR will be responsible for all losses or theft of Emma Craven Photography’s equipment, and all damage to the equipment beyond ordinary wear and tear while it is in the CONTRACTOR’S possession. CONTRACTOR will be required to return equipment to Emma Craven Photography promptly at the end of the event/assignment.
5. CONDUCT + EXPECTATIONS: (A) - Contractor will arrive to the event/assignment on time per previously arranged timeline. (B) - Contractor will wear presentable and professional dress attire. Attire is business casual. All black, black, gray, dark neutral colors are all preferred by Emma Craven Photography. Clean and professional shoes are required. (C) - Contractor will perform with the highest level of service allowing Emma Craven Photography to handle all client issues and specific client or guest requests on the day-of the event. (D) - Contractor will introduce themselves as being with Emma Craven Photography and will not promote their own business or other businesses outside of Emma Craven Photography. (E) - Contractor will not partake in any alcohol/drug consumption during the duration of event/assignment. (F) - Contractor may not delete images from their own or Emma Craven Photography’s memory cards during the duration of the event/assignement until the cards have been downloaded and backed up by Emma Craven Photography, to avoid potential corruption of the files. (G) - Contractor will photograph in RAW file format. (H) - Contractor and Emma Craven Photography will discuss expectations in terms of shooting styles – preferred aperture, shutter speed, ISO and general shooting styles prior to the event/assignment to ensure that images captured by CONTRACTOR are cohesive with Emma Craven Photography’s style – CONTRACTOR will be expected to shoot in this style.
6. EXCLUSIVITY: The CONTRACTOR understands that [he/she] represents Emma Craven Photography and not any other business including themselves, while completing assignments for the Emma Craven Photography. While directly working for Emma Craven Photography, the CONTRACTOR will not advertise [his/her] own business (or any other businesses), will not solicit work for [himself/herself], and will only distribute the Emma Craven Photography’s materials, business cards, and name. The CONTRACTOR will not contact clients. The CONTRACTOR will not contact event vendors regarding the event. The CONTRACTOR is not bound by an exclusivity contract when not working directly for the PRIMARY. The CONTRACTOR may pursue other photographic work for [himself/herself] or other studios/primary’s, as long as it shall not directly compete with Emma Craven Photography, infringe upon Emma Craven Photography’s client base, or solicit Emma Craven Photography’s clients, either directly or indirectly. Emma Craven Photography may hire other people to provide similar services as being provided by CONTRACTOR.
7. COMPENSATION: In exchange for successful completion of event/assignments (and files) the CONTRACTOR will receive compensation within 3 days post the event/assignment. The amount of compensation will be agreed upon and confirmed, in writing, email and/or message, prior to the event date(s). Payment will be a base amount depending on experience and the assignment.
8. FEDERAL + STATE TAXES: When required per state regulations, Emma Craven Photography will deliver an IRS Form W-9 to CONTRACTOR for tax requirement purposes. CONTRACTOR will be responsible for fully and accurately paying taxes on compensation earned. CONTRACTOR shall pay all taxes incurred while performing Services under this Agreement, including all applicable income taxes, and self-employment taxes. PRIMARY will not withhold FICA (Social Security and Medicare taxes) from CONTRACTORS payments or make FICA payments on CONTRACTOR’s behalf.
9. TIMING TO COMPLETE ASSIGNMENT + DELIVERY OF IMAGES: Emma Craven Photography will supply memory cards to CONTRACTOR for use at the event/assignment, and CONTRACTOR agrees to return all memory cards – used and unused – to Emma Craven Photography immediately upon completion of the event/assignment. If CONTRACTOR used [his/her] own memory cards for any reason, [he/she] shall make those cards available to Emma Craven Photography for download immediately upon completion of the event/assignment. Arrangements, if needed, will be made to return CONTRACTOR’S memory cards at a later time after the event/assignment. Should the CONTRACTOR perform the photography services on the day of the event/assignment, but fail to deliver the images to Emma Craven Photography 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 compensation for that event, in addition to reimbursement to Emma Craven Photography of any sums that Emma Craven Photography must refund to the client(s) as a result of CONTRACTOR’S acts or omissions and/or the costs incurred by Emma Craven Photography to remedy the situation (such as additional editing/color correction or restoration of damaged or deleted files by a third party company).
10. COPYRIGHT & REPRODUCTION RIGHTS: The CONTRACTOR’S assignment is work for hire. As such, the copyrights of the images produced by [him/her] belong to Emma Craven Photography. CONTRACTOR agrees not to sell any image taken during the contracted event/assignment to any person, company, group, advertising agency, or otherwise, without Emma Craven Photography’s express written permission. CONTRACTOR may not use any image taken during the contracted event/assignment for their own social media, advertising, website, portfolio (print or web) etc, without Emma Craven Photography’s express written permission. Emma Craven Photography may require verbiage of "Photographed for Emma Craven Photography" credit line if and when any images are given permission by Emma Craven Photography to CONTRACTOR to use. Any use that exceeds this limited scope is strictly prohibited.
11. CONFIDENTIALITY: The CONTRACTOR understands that all materials, price lists, contracts, vendor contacts/lists, client contacts/lists, editing and shooting techniques, marketing ideas, financial documents, agreements, and other information or documents that are seen by/given to [him/her] in the scope of [his/her] assignments are the exclusive property of Emma Craven Photography 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 Emma Craven Photography, including but not limited to self-gain and to circumvent or to undercut sales. The CONTRACTOR agrees that all materials as described in this agreement must be returned to the PRIMARY at such time as this or any subsequent contract or agreement ends. CONTRACTOR agrees that [he/she] will not, at any time, use or disclose any of Emma Craven Photography’s Confidential Information or any materials or information which CONTRACTOR should reasonably expect to be confidential, including personal information related to clients. CONTRACTOR agrees that all Confidential Information is, and shall remain, the sole property of Emma Craven Photography.
12. LIABILITY: The CONTRACTOR warrants that [he/she] will perform when booked for a photographic event/assignment and that [he/she] is liable for any loss or other financial liability suffered by the PRIMARY due to failure to perform other than a documented medical emergency or an “Act of Nature/God”. Emma Craven Photography is not liable for any loss or damage to the CONTRACTOR’s equipment under this contract.
13. IDEMNIFICATION: CONTRACTOR agrees to indemnity, defend, and hold harmless Emma Craven Photography against all claims, liabilities, damages, costs and expenses, including reasonable legal fees and expenses, arising from CONTRACTOR’S performance of the services pursuant to this Agreement.
14. TERMINATION PRIOR TO EXPIRATION OR COMPLETION: By PRIMARY PRIMARY may terminate this Agreement at any time by giving written notice to CONTRACTOR. Upon termination, PRIMARY shall be responsible for compensation to CONTRACTOR for unpaid Services rendered prior to CONTRACTOR’s notice of termination. By CONTRACTOR With reasonable cause, such as PRIMARY’s failure to comply with the terms of this Agreement, CONTRACTOR may terminate this Agreement effective immediately upon giving written notice to PRIMARY. If a third party requests the CONTRACTOR to provide wedding photography services on a date that conflicts with an event date per this Agreement (as the primary photographer and not as a second shooter), then the CONTRACTOR may terminate this Agreement, but only if the CONTRACTOR provides Emma Craven Photography with written notice at least 60 days prior to the event date.
15. ADDITIONAL PROVISIONS: - Modification or Amendment: Any modification or amendment to this Agreement requires the agreement of the Parties, and must be made in writing and signed by all Parties or agreed upon via email or message. - 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.
THIS AGREEMENT CONSTITUTES THE FULL AGREEMENT OF 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 INTACT. BY TYPING MY FULL NAME IN THE SPACE ABOVE, I AM CONFIRMING THAT I HAVE READ, UNDERSTAND, AND AGREE TO THE ABOVE AGREEMENT.