This is an Agreement between Parties: Jill Gearhart Photography, 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 submitted and will continue in effect for the remainder of the year or until either party cancels the agreement in writing.
STATEMENT OF WORK
I. Description of Services
CONTRACTOR agrees to perform the following services (herein “Services”): CONTRACTOR shall provide Photography Services as a subcontractor for the events (herein “Events”) of PRIMARY's Clients. As requested by PRIMARY and agreed to by CONTRACTOR, CONTRACTOR will capture high-quality images in a professional manner in keeping with industry standards.
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) of each Event by CONTRACTOR, CONTRACTOR shall be contractually obligated to render the Services for the specific Event(s). Failure by CONTRACTOR to perform the Services for a specific Event shall constitute a material breach of the terms of this Agreement, subjecting CONTRACTOR to monetary damages as a result of the breach, including but not limited to, waiver of CONTRACTOR's Fee for that Event, in addition to reimbursement to PRIMARY of any sums that PRIMARY must refund to the Event Client(s) as a result of CONTRACTOR's failure to provide the agreed-upon Services.
For each Event, CONTRACTOR shall:
- Arrive no later than fifteen (15) minutes prior to the start time stated by the Event Client(s)
- Dress professionally (ex. Dress pants, modest top, and sensible shoes)
- Sync camera times with PRIMARY upon arrival at the Event
- Provide his/her/its own equipment and supplies
- Capture images 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 in a professional manner in keeping with industry standards.
For each Event, CONTRACTOR shall NOT:
- tag or "friend" clients on Social Media (including Facebook, Instagram, etc.)
- delete images off of SD/CF cards during Event
- drink alcoholic beverages during any part of the Event
- take the lead directing clients while photographing unless requested by PRIMARY
Should CONTRACTOR perform the Photography Services on the day of the Event but fail to deliver the images to PRIMARY for any reason (including, but not limited to, the loss of digital files or other media or the failure of CONTRACTOR's equipment) or should the images be of a poor quality not within professional standards, such failure to deliver the images or perform the Services in a professional manner shall constitute a material breach of the terms of this Agreement, subjecting CONTRACTOR to monetary damages as a result of the breach, including but not limited to, full or partial waiver of CONTRACTOR's Fee for that Event, in addition to reimbursement to PRIMARY of any sums that PRIMARY must refund to the Client(s) as a result of CONTRACTOR's acts or omissions and/or the costs incurred by PRIMARY to remedy the situation (such as additional editing/color correction or restoration of damaged or deleted files by a third party company).
II. Cancellation and Postponement Cancellation of Photography Services:
Should CONTRACTOR 's Services for any Event be cancelled as a result of cancellation of the Event by the Client, or because PRIMARY no longer needs CONTRACTOR to perform the Services, any notice of cancellation of CONTRACTOR 's Services given to CONTRACTOR less than twenty-four (24) hours prior to the start time of the applicable Event will result in payment to CONTRACTOR by PRIMARY of one-half (1/3) of the Fee for CONTRACTOR 's Services for that Event.