SECOND SHOOTER AGREEMENT
Nicole Constante Photo
DATE: July 14, 2018
LOCATION: Wingate by Wyndham Hotels
7120 Sparrow Drive, Leduc, AB, T9E 8A5
TIME (inclusive of travel): 11AM-7PM
NO. OF HOURS: 10
TOTAL COMPENSATION: $300
This Contract is made and entered into as of the date of all signatures affixed below by and Nicole Constante Photo (further referred to as “NCP”), an Independent Contractor whose name and address appears above, and and the Photographer whose name and address appears above (further referred to as “PHOTOGRAPHER”). The PHOTOGRAPHER will provide, by way of Sub-contract, to NCP, the following services including, but not limited to, photography, assistant duties for the first photographer at the event, giving RAW image files after the event, etc. This agreement guarantees the presence of PHOTOGRAPHER at said event/project listed in this contract. It has also been determined that the PHOTOGRAPHER is available and qualified to perform such function.
The PHOTOGRAPHER agrees to work with NCP as a work-for-hire Independent Contractor providing photography services.
The effective term of this Contract will begin upon signing by both NCP and the PHOTOGRAPHER. This Contract shall conclude upon the PHOTOGRAPHER’S completion of duties under the Contract.
The PHOTOGRAPHER is responsible for providing all necessary equipment and assistance for the entire duration of the job in order to perform said job. This includes necessary professional DSLR camera (or equivalent), back up DSLR camera (or equivalent if necessary), lighting equipment (if necessary), batteries and back up batteries, multiple media cards. This list is in no way a summary of all necessary equipment. It is the responsibility of the PHOTOGRAPHER to provide the correct equipment based on location of event, weather on date of event and other necessary factors. Before all contracted shoots, PHOTOGRAPHER is responsible for ensuring all equipment has been pre-cleaned and in good working condition. NCP is not liable for any damage done to the PHOTOGRAPHER’S equipment. NCP IS NOT required to replace or repair any equipment damage that may occur to the PHOTOGRAPHER’S equipment during the course of the event.
4. Raw Image File Delivery.
PHOTOGRAPHER is expected to hand over the media cards with RAW photos to NCP by the end of the event to be transferred to NCP's hard drive.
In exchange for successful completion of this assignment and when PHOTOGRAPHER delivers all images as set forth above, and services are deemed completed by NCP, payment will be made day of event. NCP agrees to pay the PHOTOGRAPHER, in the manner or method agreed upon, the sum of $30/hour. The amount of hours worked are not to exceed the hours listed in this agreement, unless agreed upon by NCP Management and bride/groom of event as set forth by this agreement.
6. Storage of Raw Image Files.
PHOTOGRAPHER agrees to store a usable copy of all of the images from said job for a minimum of 30 days from the date of the event. AND may not clear memory cards of event until 1 week after the wedding. The PHOTOGRAPHER is NOT allowed to be compensated for any image taken during the contracted event to any person, company, group, and advertising agency or otherwise.
7. Copyright & Reproduction Rights.
This assignment is a work-for-hire job; as such NCP will obtain copyright ownership of all works created by the PHOTOGRAPHER at the event pursuant to this agreement. All works created at the event will be returned to NCP through the specific procedure hereby defined. The PHOTOGRAPHER agrees that they will not credit, in any way, the contracted photographer(s). NCP obtains all copyrights of works produced and must be correctly credited. NCP grants the PHOTOGRAPHER permission to use the images taken during the contracted event in the following manner(s): reproduce the works for their own personal print portfolio, website, web-log, brochures, social media or other advertising tools. PHOTOGRAPHER cannot use or share images in any way until the files are delivered to the clients.
The PHOTOGRAPHER acknowledges that by engaging in an Independent Contractor relationship with NCP, the PHOTOGRAPHER will potentially obtain access to the NCP’S clients, client lists, business plan, business model, and other sources of confidential information. The PHOTOGRAPHER agrees and acknowledges that such confidential information is important to the business of NCP and will not misappropriate any knowledge gained during the term of engagement for the PHOTOGRAPHER’S own commercial or other purposes.
The PHOTOGRAPHER agrees that during the entire term of the assignment, the Contractor will abide by the following provisions:
(a) The PHOTOGRAPHER certifies by signature he/she will not attempt to directly or indirect solicit any of NCP’S customers or prospects in any way. Furthermore, PHOTOGRAPHER will not attempt in any way to influence the purchasing of services by NCP’S customers or prospects at any time. This includes, but is not limited to, attempting to convince NCP’S customer or prospect to terminate contract with NCP and hire said PHOTOGRAPHER privately.
(b) The PHOTOGRAPHER will not disrupt, impair, interfere, or hinder the business of NCP in any manner, including, but not limited to, soliciting, inducing, or attempting to solicit or induce any employee, vendor, client or business from severing their relationship with the Photographer.
(c) The PHOTOGRAPHER will not utilize any business model, business plan, client list, or other confidential information obtained by NCP in the course of the engagement, for the PHOTOGRAPHER’S own business.
9. Professionalism and Behavior.
PHOTOGRAPHER agrees to have a professional appearance during the event and to treat NCP customers with courtesy and politeness. PHOTOGRAPHER agrees not to possess, consume, purchase or sell alcohol or an illegal drug during the event date. Furthermore, PHOTOGRAPHER shall not be under the influence of alcohol, impairing drugs, or any illegal drugs while performing duties for this event.
PHOTOGRAPHER is responsible for all travel expense to and from the event; unless agreed upon, in advance of said event.
The PHOTOGRAPHER 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 due to failure to perform. NCP is not liable for any loss or damage to the PHOTOGRAPHER’S equipment under this Contract.
13. Failure to perform and Cancellation.
In the event that an assignment is canceled, the NCP will provide notice to the Contractor as soon as practicable. This agreement is the entire agreement between the parties and supersedes any prior oral or written agreement related to this matter between the parties. If PHOTOGRAPHER fails to perform said work, after this contract is signed, as outlined, PHOTOGRAPHER will be not receive the payment amount specified.
14. Acknowledgement and Understanding of Terms.
The PHOTOGRAPHER certifies by signature he/she is legally entitled, and in good faith, enters into this contract. The PHOTOGRAPHER agrees that they have read and fully agree to the terms above.