Associate Shooter Contract

This Contract is between the below listed Independent Contract whose name and address appear below and Pink Salt Photos

Terms and Conditions

1. Position - The contractor agrees to work with the Photographer as a work-for-hire Independent Contractor providing photography services.

2. Duration - The effective term of this Contract will begin upon signing by both the Contractor and the Photographer. This Contract shall conclude upon the Contractor's completion of duties under the Contract.

3. Payment - In exchange for successful completion of this assignment, the Contractor will receive a payment stated below under “Event Details” for Lead Photography. A 20% retainer will be paid once booking is confirmed with the client. The balance will be paid upon the completion of the job and memory cards given to the Photographer. Memory cards will be given to the photographer no more than 1 day after the event. Payment will be made via Zelle or Venmo. Additional fees such as mileage at $.51/mile, toll, and parking will be covered for one way to the venue.

4. Equipment - The Contractor is responsible for providing all of the equipment of use with which to complete the assignments unless agreed upon otherwise.

5. Use of Equipment - The Contractor agrees to use their own equipment and shall deliver all digital images to the Photographer no later than 1 days after the event. The Photographer is not responsible for the Contractor's equipment during the course of the event.

6. Relationship - Nothing herein shall be deemed to constitute a partnership or joint venture between the Photographer and the Contractor. In entering into this Contract, and in providing services pursuant hereto, the Contractor has and shall have the status of an Independent Contractor and nothing herein contained shall contemplate or constitute an agent or employee relationship and neither the Contractor nor the Photographer shall have any authority to bind the other in any way.

7. Copyright & Reproduction Rights - The Contractor's assignment is a work-for-hire job; as such the copyrights to the images produced by him/her belong to the Photographer. The Contractor agrees not to sell any image taken during the contracted event to any person, company, group, and advertising agency or otherwise without the Photographer's express written permission. The Photographer grants the Contractor permission to use the images taken during the contracted event in the following manner(s): personal print portfolio or website. When utilizing on Social Media, the Contractor agrees to tag the Photographer and put "While shooting for Pink Salt Photos" within the post. The Contractor agrees to not tag the couple, venue, or vendors when sharing on social media. Images cannot be posted by the Contractor until after final images are delivered to the client which will be between 6-8 weeks after the event.

8. Confidentiality - The Contractor acknowledges that by engaging in an Independent Contractor relationship with the Photographer, the Contractor will potentially obtain access to the Photographer's clients, client lists, business plan, business model, and other sources of confidential information. The Contractor agrees and acknowledges that such confidential information is important to the business of the Photographer and will not misappropriate any knowledge gained during the term of the engagement for the Contractor's own commercial or other purposes. The Contractor agrees that during the entire term of the assignment, and for a period of one year from the conclusion of the assignment, the Contract will abide by the following provisions: (a) The Contractor will not solicit or attempt to solicit any business from an active client of the Photographer (b) The Contractor will not disrupt, impair, interfere, or hinder the business of the Photographer 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 Contractor will not utilize any business model, business plan, client list, or other confidential information obtained by the Contractor in the course of the engagement for the Contractor's own business.

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 due to failure to perform other than a documented medical emergency or an "Act of Nature". The Photographer is not liable for any loss or damage to the Contractor's equipment under this Contract.

10. Assignment - The Contractor may not assign or delegate any of its rights or responsibilities under this Contract to a third party.

11. Insurance - The Contractor certifies that he or she has business liability insurance and malpractice insurance (or its equivalent) in an amount sufficient to cover any foreseeable damages related to its performance of this Contract.

12. Cancellation - In the event that an assignment is canceled, the Photographer will provide notice to the Contractor as soon as practicable. If it is less than 14 days prior to the event the Contractor must find a comparable replacement for the Photographer.

13. Indemnification - The Photographer shall be held harmless for any and all injury to the Contractor during the course of the photography sessions and the immediately surrounding events.

14. Arbitration - Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer's office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $2000. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

15. Miscellaneous. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract.

This Contract shall be governed by the laws of the State of California. This Contract is effective on the completed date and will continue in effect for a period of 12 months or until such time as either party cancels the Contract in writing. At the end of the designated period, the Contract may be renewed for a one-year period or may be extended for a longer period of time at the discretion of both parties.

Event Details

Date: 7/26/2024
Location: Ritz Calrton, Half Moon Bay
# of Hours: 7
Total Fee: $675
Additional Hour: $100/hour