TERMS & CONDITIONS OF CONTRACT *
This contract is made and entered into as of the dates of all signatures below by Caroline Hancox at Caroline Hancox Photography (further referred to as CH) and an independent contractor whose name appears above (further referred to as the SHOOTER).
The SHOOTER will provide, by way of sub-contract to CH the following services, but not limited to: photography and delivery of all RAW files of event to CH. These services will be provided by the SHOOTER for the wedding of Sophie and James on the 14th of April 2022
This agreement guarantees the presence of the SHOOTER at said event listed in this contract. It has also been determined that the SHOOTER is available and qualified to perform such function.
1. Position. The SHOOTER agrees to work with CH as a work-for-hire Independent Contractor providing photography services.
2. Duration. The effective term of this Contract will begin upon signing by both CH and the SHOOTER. This Contract shall conclude upon the SHOOTER’S completion of duties under the Contract.
3. Equipment. The SHOOTER is responsible for providing all necessary equipment for the entire duration of the job in order to perform as required. This includes necessary professional cameras, back up camera, 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 SHOOTER to provide the correct equipment based on location of event, whether on date of event and other necessary factors. Before the wedding, the SHOOTER is responsible for ensuring all equipment has been pre-cleaned and in good working condition. CH is not liable for any damage done to the SHOOTER’S equipment. CH is not required to replace or repair any equipment damage that may occur to the SHOOTER’S equipment during the course of the event.
4. File Delivery. The SHOOTER is responsible to deliver all images by the way of RAW files captured from the event to CH. The time and date will be mutually agreed by both CH and the SHOOTER whereby CH can copy all RAW files from the SHOOTER.
5. Payment. In exchange for successful completion of this assignment CH agrees to pay the SHOOTER, via bank transfer to the sum as agreed by both parties and as stated above. The amount of hours worked are not to exceed the hours listed in this agreement, unless agreed upon by and bride/groom of the event as set forth by this agreement.
6. Storage of RAW files. The SHOOTER agrees to store a usable copy of all of the files from said job for a minimum of 14 days from the date of the event, or until CH approves file deletion. The SHOOTER agrees to make sure all files are stored safely and securely and that backups of all files / images will be made.
7. Copyright & Reproduction Rights. This assignment is a work-for-hire job. The SHOOTER is able to use any images taken from the event to use on their own on social media and websites after full delivery of edited images has been delivered to the bride/groom/clients by CH if the bride and groom agree. Please check with bride/groom before posting any images. No images are to be used by the SHOOTER until confirmation that full delivery of gallery to bride/groom/clients has succeeded.
8. Professionalism and Behaviour. The SHOOTER agrees to have a professional appearance during the event and to treat CH customers with courtesy and politeness.
9. Travel. The SHOOTER is responsible for all travel expenses to and from the event; unless agreed upon, in advance of said event.
10. Liability. The SHOOTER warrants that he/she will perform when booked for said event, 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 God”. CH is not liable for any loss or damage to the SHOOTER’S equipment under this Contract. The SHOOTER agrees to defend, indemnify, and hold harmless CH from any and all claims arising from the services performed or products produced under (or related to) this agreement.
11. Assignment. The SHOOTER may not assign or delegate any of its rights or responsibilities under this Contract to a third party.
12. Insurance. The SHOOTER certifies that he or she has all relevant business insurance including public liability insurance and relevant equipment insurance and in an amount sufficient to cover any foreseeable damages related to its performance of this Contract, this include loss of RAW files, poor quality of files or any other failure that could occur during performing of this contract.
13. Failure to Perform. 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 SHOOTER fails to perform said work, after this contract is signed, as outlined, SHOOTER will not receive the payment amount specified. CH will not hold SHOOTER responsible for acts of God, acts of terrorism, war, serious illness, serious injury, death of immediate family, or other indemnify acts that would prevent SHOOTER from completing work outlined in this contract. Failure to perform refers to the quality of work as well. CH will deliver a client questionnaire with specific requirements for the photos as well as their quality. If the work isn't up to the required standard the payment will not be made and deposit has to be paid back.
14. Cancellation. If the event is cancelled on the side of the client CH will provide notice to the Contractor as soon as practicable.
15. Indemnification. CH shall be held harmless for any and all injury to the SHOOTER during the course of the event and the immediately surrounding events.
16. Legal Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable legal fees and all costs and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
17. Miscellany. 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. Any actions or claims against ND under this agreement must be in accordance with and are controlled by appropriate English or Welsh law.
18. Acknowledgement and Understanding of Terms. The SHOOTER certifies by signature he/she is legally entitled, and in good faith, enters into this contract. The SHOOTER agrees that they have read and fully agree to the terms above.
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