Photographer Contract


Contract Photographer Agreement

Event Date: 5/20/2023

Event Time: 12pm CST - 8 pm CST

Contractor Name: Emily Owens

Contractor Phone: 314-920-3321

Contractor Email: emilyowensphoto@gmail.com

Payment: $50/hr

Hours Contracted: 8

Effective Date: 4/10/2023

This agreement is between JWadePhotoStudio LLC, hereinafter the STUDIO, operating in the State of Missouri and surrounding areas, and an independent contractor whose name and address appears above, hereinafter the CONTRACTOR. This agreement is effective for all wedding or events under JWadePhotoStudio LLC and its affiliates including, but not limited to Joseph Wade.

Terms and Conditions

1. Position: The CONTRACTOR agrees to work for the STUDIO as a work-for-hire independent contractor providing photography services on an ‘as needed’ basis. The CONTRACTOR is a freelance working for him/herself.

2. Assignment: The CONTRACTOR will be notified of the job assignment and/or contract work on a case-by-case basis only. The STUDIO 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 STUDIO at all times shall be governed by the covenants of this Agreement.

3. Independent Contractor: The CONTRACTOR and the STUDIO hereby specifically agree that CONTRACTOR is performing the services as an independent contractor and is not an employee of the STUDIO. 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 STUDIO’s or the CONTRACTOR’s discretion to terminate the independent contractor relationship at any time without cause. CONTRACTOR further agrees to be responsible for all of CONTRACTOR’s federal and provincial taxes, withholding, Social Security, insurance, and all other benefits.

3a. Travel Expenses: Unless otherwise arranged, the CONTRACTOR is responsible for all travel costs associated with travel to and from the location of the event. In most situations, the CONTRACTOR will be traveling with the STUDIO. In special, preapproved circumstances, travel expenses may be negotiated.

3b. Food Expenses: The CONTRACTOR is responsible for all food expenses before, after and during the event. In most cases, the client for the event will provide food. In special, preapproved circumstances, food expenses may be negotiated.

4. Payments: In exchange for successful completion of assignments the CONTRACTOR is eligible to receive financial compensation. The amount of compensation will depend upon the level of work performed and will be at an agreed upon rate prior to the event. In the event the CONTRACTOR works beyond the contracted time of the assignment; the STUDIO is not responsible for additional compensation to the CONTRACTOR unless the client has agreed upon extending the assignment with the STUDIO. The amount of additional compensation due to the extension of the assignment will depend upon the level of work performed and will be at an agreed upon rate prior to the event.

If Client cancels event within 30 days of scheduled event, this contract is null and void.

If Client cancels event with less than 30 days till scheduled event, CONTRACTOR, will receive full payment for services. 

5. Timing to Complete the Assignments: The CONTRACTOR agrees to follow the timing schedule to finish the assignments. If the contractor is photographing or filming events, original files must be delivered to the STUDIO by the end of the event being photographed/filmed.

6. Copyright & Reproduction Rights: The CONTRACTOR acknowledges that any photographs, video or works made pursuant to this agreement are works made for hire. As such, the copyrights to the images or video produced by him/her belong to the STUDIO. The CONTRACTOR hereby assigns the copyright to all works made pursuant to this Agreement to STUDIO. The CONTRACTOR also agrees to execute any additional documents necessary to assign any copyright to the STUDIO. The CONTRACTOR agrees not to sell any image or video taken during a contracted event from the STUDIO to any person, company, group, advertising agency or otherwise without the STUDIO’s express written permission. The STUDIO grants the CONTRACTOR permission to use the images taken during a contracted event for the CONTRACTOR’s personal portfolio Ninety (90) days after the date of the event. The STUDIO retains all copyrights to the images and video and may request that the CONTRACTOR discontinue use of the images or video at any time for any reason.

7. Exclusivity: The CONTRACTOR understands that he/she represents the STUDIO and not any other business while completing assignments for the STUDIO. While directly working for the STUDIO, the CONTRACTOR will not advertise his/her own business, will not solicit work for him/herself, and will only distribute the STUDIO’s materials, business cards, and name.

The CONTRACTOR is not bound by an exclusivity contract when not working directly for the STUDIO.

8. Confidentiality: The CONTRACTOR understands that all materials, price lists, contracts, financial documents, agreements, and other information or documents that are given to him/ her in the scope of his/her assignments are the exclusive property of the STUDIO 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 STUDIO, including to circumvent or to undercut sales. The CONTRACTOR agrees that all materials as described above must be returned to the STUDIO at such time as this or any subsequent contract or agreement ends.

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 suffered by the STUDIO due to failure to perform other than a documented medical emergency or an “Act of Nature”. The STUDIO is not liable for any loss or damage to the CONTRACTOR’s equipment under this contract.

The CONTRACTOR understands he/she takes responsibility to ensure his/her own safety. The STUDIO will not be held responsible for any injury, loss, or damage of any kind whatsoever suffered or incurred by the CONTRACTOR. The CONTRACTOR agrees to indemnify and hold harmless the STUDIO's affiliates, respective officers, directors, agents, employees, and contractors a from any and all claims, demands losses, causes of action, damage, lawsuits, judgements, including attorney's fees and costs.

The CONTRACTOR agrees to not inaccurately depict his or her roles and responsibilities for the STUDIO. Inaccurate depiction of roles and responsibilities includes but is not limited to

1) claiming lead shooting responsibilities when CONTRACTOR did not shoot as a lead photographer,

2) claiming second shooting responsibilities when CONTRACTOR did not shoot as a second photographer,

3) claiming third shooting responsibilities when CONTRACTOR did not shoot as the third photographer,

4) claiming a specific number of jobs were shot by the CONTRACTOR that are inaccurate. 

10. Equipment: The CONTRACTOR is responsible for providing all of his/her own equipment with which to complete the assignments. The STUDIO requires that weddings be photographed in digital RAW file format and that all original digital RAW files are relinquished to the STUDIO upon completion of the contracted job. The CONTRACTOR is responsible for maintaining a digital copy of their images or video until the RAW files are delivered to the physical STUDIO. 

This agreement constitutes the full agreement of the parties. Any modification of this agreement must be in writing and signed by both parties. If any provision of this agreement is declared invalid, then the remainder of the agreement will remain in force and intact. This agreement is governed by the laws of the State of California.

11. Image/Video Memory Cards: The STUDIO will provide memory cards for the CONTRACTOR to use. Upon completion of the contracted shoot/assignment, The CONTRACTOR will turn in memory cards with ALL photo and/or video taken for the duration of the shoot. Memory cards should be handed to a studio representative, typically a Lead or 2nd shooter. Files shall be returned to the CONTRACTOR once images/video is backed-up on the STUDIOs offsite backup (usually one-drive).

13. Availability: This Agreement shall not be assigned by CONTRACTOR without the express written consent of the STUDIO. Cancellations of scheduled events by CONTRACTOR may occur with prior written notice and acceptance from the STUDIO subject to the following terms to the reasonable extent that circumstances permit: At least 30 days’ prior written notice; No contractor relationship (no prior shoot (engagement or bridal session) with the Client; Contractor has emergency or other personal conflict with the schedule (family emergency, death, pregnancy due date, etc.) or the Contractor was hired with less than 30 Days notice; and Contractor provides assistance in finding replacement photographer of similar skill, experience and training for replacement. 

14. Uniform: The CONTRACTOR shall wear appropriate wedding attire. Appropriate clothing should be but is not limited to all black pants, shoes, and shirt. Joggers, leggings, and articles of clothing with offensive writing are not allowed and are strictly prohibited.

15. Severability: If one or more of the provisions contained in this agreement is found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remain provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable. 

16. Governing Law and Venue: Should any dispute from this contractual relationship arise, that dispute shall be governed by Missouri law, and shall be decided solely and exclusively by State or Federal courts located in Saint Louis, Missouri.

By signing, contractor acknowledges that they have have read and agree to these terms and conditions

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Signed by Joseph Wade
Signed On: April 10, 2023


Signature Certificate
Document name: Photographer Contract
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April 3, 2023 11:45 am CDTPhotographer Contract Uploaded by Joseph Wade - joseph@jwadephotostudio.com IP 71.128.21.102
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