10. Exclusivity: The CONTRACTOR understands that he/she represents the PRIMARY and not any other business while completing assignments for the PRIMARY. While directly working for the PRIMARY, 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 PRIMARY’s materials, business cards, and name. The CONTRACTOR will not contact clients and/or will not contact event vendors regarding the event, unless otherwise stated by PRIMARY. The CONTRACTOR is not bound by an exclusivity contract. If the CONTRACTOR pursues other photographic/video work for him/herself that directly competes with the PRIMARY, infringe upon the PRIMARY’s client base or potential clients, this agreement will be terminated and PRIMARY will/can pursue legal action. PRIMARY may hire other people to provide similar services as being provided by CONTRACTOR. PRIMARY may hire multiple CONTRACTORs per Event. CONTRACTORs must work as a “team” and be professional at all times.
11. Confidentiality: The CONTRACTOR understands that all materials, price lists, contracts, vendor contacts/lists, client contacts/lists, editing & 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 the PRIMARY 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 PRIMARY, including to circumvent or to undercut sales. The CONTRACTOR agrees that all materials as described above 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 PRIMARY's Confidential Information or any materials or information which CONTRACTOR should reasonably expect to be confidential, including personal information related to PRIMARY clients. CONTRACTOR agrees that all Confidential Information is, and shall remain, the sole property of PRIMARY. Upon request, CONTRACTOR shall promptly return to PRIMARY all materials containing or otherwise pertaining to Confidential Information.
12. PRIMARY’s Physical Property & Documents: Upon request, CONTRACTOR shall promptly return to PRIMARY all property belonging to PRIMARY, including any cameras, lenses, film, image files, memory cards and other photography/videography
equipment or supplies; computers, office supplies, equipment, books, files or any other physical items owned by PRIMARY that are in the possession of CONTRACTOR.
13. Liability: The CONTRACTOR warrants that he/she will perform when booked for a photo/video 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”. The PRIMARY is not liable for any loss or damage to the CONTRACTOR’s equipment
under this contract.
14. Equipment: The CONTRACTOR is responsible for providing all of his/her own equipment with which to complete the assignments. This can include providing his/her own media cards to document the event, unless provided by the PRIMARY. The
PRIMARY requires that weddings be documented in digital RAW file format and that all original digital RAW files are relinquished to the PRIMARY upon completion of the contracted job.
Preferred equipment:
Video Camera Body:
- Can shoot 1080 60fps, 120fps, Ceremony 1080 30fps.
Examples: Panasonic GH5, Sony A7III, Canon EOS R, Canon 80D, Canon 6D MKII, Canon 5D MKIV
- Some form of stabilization required for videographers: Monopod, Zhuyin Crane, RoninS, etc.
- Drone (preferred) 1080, 2k, 4k @ 60fps, 120fps or higher.
Photo Camera Body:
- Full Frame DSLR or mirrorless
Examples: Nikon D850 D750, Canon 5D, 5D MKII, 5D MKIII, 6D, Sony A9, A7R, A7
Lenses:
- Fast prime lens 1.2-1.8 for low light
- Zoom lens with wide range (Example 24-70mm)
15. 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. CONTRACTOR may terminate this Agreement for any reason by giving thirty (30) days’ written notice to PRIMARY.
16. 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.
If the Parties do not successfully reach an agreement, all claims or disputes more than the jurisdiction of small claims court shall be submitted to binding arbitration. The Parties shall select a single arbitrator, and the arbitration shall take place in Tulare County, California. The arbitrator’s decision shall be binding on the Parties and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The prevailing Party in any arbitration, trial or other proceedings shall be awarded all filing fees, related administrative costs, and reasonable attorneys’ fees, as well as administrative and other costs of enforcing an arbitration award or judgment.
17. Statement of work:
PRIMARY shall provide CONTRACTOR with the requested dates for CONTRACTOR's Services at PRIMARY's Clients’ Events. CONTRACTOR shall inform PRIMARY in writing (including email and/or messages) if [he/she] will commit to performing the Services as a subcontractor for each requested Event. Upon acceptance in writing (including email or text) of each Event by CONTRACTOR, CONTRACTOR shall be contractually obligated to render the Services for the specific Event(s).
For each Event, CONTRACTOR shall:
- Arrive no later than fifteen (15) minutes prior to the start time stated by the Event Client(s).
- Provide his/her/its own equipment and supplies.
- Proper hygene must be used (including eliminating stench from body odor or cigarette smoke), must wear professional attire and NO casual wear (sandals, shorts, short skirts, fluorescent colors).
- Under no circumstances is the CONTRACTOR to be under the influce of any substance, including but not limited to alcohol, marijuana or other narcotics (illegal, over the counter or prescribed).
- Must act professional toward Client and guests (If bad behavior is shown toward the CONTRACTOR by the Client or guests, please call PRIMARY right away to resolve the issue).
- Capture images/video for the scheduled duration of the Event as specified by the PRIMARY.
- Deliver the Event images (RAW) to PRIMARY following the end of the Event.
- Capture high-quality images/video in a professional manner in keeping with industry standards.
CONTRACTOR must not receive any monetary compesation from the Client or agree on additional hours without the PRIMARY consent. If the Client chooses to provide a tip to the CONTRACOR with no added working time, then by all means the CONTRACTOR could accept it.