FIRST/SECOND SHOOTER CONTRACTOR AGREEMENT

1.Overview: This is an Agreement between Parties: JNL Photograph or The Blissful Weddings (and their assigns), hereinafter the PRIMARY and an independent contractor whose name and address appears above, hereinafter the CONTRACTOR. This Agreement becomes effective upon the Parties' signatures, below. This agreement is effective when this Agreement is signed and will continue in effect for a full year, as of the date above or until either party cancels the agreement in writing.

2. Position: The CONTRACTOR agrees to work for the PRIMARY as a work-for-hire independent contractor providing Wedding Photography/Videography related services on an 'as needed' basis. The CONTRACTOR is a freelance working for himself/herself. The CONTRACTOR is required to fill out a W-9 prior to receiving payment (Download W-9 form here) submit form bellow.

3. Assignment: The CONTRACTOR will be notified of the job assignment and/or contract work on a case-by-case basis only. 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.

4. Independent Contractor: The CONTRACTOR and the PRIMARY hereby specifically agree that 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 PRIMARY employee benefit programs, including pension, profit sharing, health care, 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. In light of this, it is highly recommended that CONTRACTOR gets [his/her] own policies of business insurance since PRIMARY is not responsible for maintaining insurance coverage for independent contractors.

5. Payments: In exchange for successful completion of assignments (and files) the CONTRACTOR will receive compensation. The amount of compensation will be agreed upon & confirmed, in writing, email and/or message, prior to signing this agreement.

6. Payment Schedule: CONTRACTOR shall be paid for each event (referred to as "Event") within ten (10) days or on every first (1st)/third (3rd) Thursday of the month, following each Event's media succesful upload. Or at the end of the event - if media is provided. Mileage should be compensated after 45 miles round trip, the amount should be $.50 per mile - unless if otherwise specified by the PRIMARY.

7. Federal and State Taxes: 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 CONTRACTOR's payments or make FICA payments on CONTRACTOR's behalf.

8. Timing to Complete the Assignments: The CONTRACTOR agrees to follow the timing schedule to finish the assignments. All original files (RAW) must be delivered to the PRIMARY by the end of the event being documented. All original files are to be downloaded onto the laptop computer or external hard drive of the PRIMARY by the end of the assignment. It is CONTRACTOR'S responsibility to be sure that his/her files are securely downloaded. In the event that not enough time was allotted to download files throughout the course of the assignment, than CONTRACTOR agrees to deliver original, un-retouched files to the PRIMARY in one week's time, via electronic media or to hand over the SD/CF cards to PRIMARY and PRIMARY will return the cards within one week of event. The CONTRACTOR can opt to use the PRIMARY's SD/CF cards.

9. 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 PRIMARY. The CONTRACTOR agrees not to sell or share any image taken during a contracted event from the PRIMARY to any person, company, group, advertising agency or otherwise without the PRIMARY's express written permission. Images cannot be posted on a blog (or be blogged) nor on social media without prior consent of the PRIMARY unless the PRIMARY is mentioned & tagged in posts. CONTRACTOR may not use clients name nor tag clients (nor vendors) in photos. In exchange for payment, CONTRACTOR transfers ownership in full of all original works and intellectual property created by CONTRACTOR during the course of completing the Services for PRIMARY.

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.