Please carefully read the contract below. Then fill out the form and sign to complete.
I accept to all the terms listed below, and accepting this assignment as an Independent Contractor. By writing by name in the section below, I am digitally signing this form and agreeing to all the terms. *
This agreement is between MARCEAU PHOTEAU, referred to as the PHOTOGRAPHER, and an independent contractor whose name and address appears above, referred to as the CONTRACTOR.
1. ASSIGNMENT: The contractor agrees to work as a second shooter, on the agreed date(s).
2. INDEPENDENT CONTRACTOR: The contractor and the photographer hereby specifically agree that the contractor is performing the services as an independent contractor and is not an employee of the photographer. 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 photographer's sole discretion to terminate this agreement at any time without cause. The contractor further agrees to be responsible for all of contractor’s federal and state taxes, withholding, Social Security, insurance and all other benefits. The contractor shall have no claim against Marceau Photeau Photography hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
3. MEMORY CARDS: The contractor agrees to hand over all memory cards before leaving the event to the photographer. The photographer will download the cards and send the RAW files back to the contractor in a timely manner, via Dropbox, WeTransfer, or in-person.
4. COPYRIGHT: The contractor agrees the images are owned by the photographer. The contractor agrees not to sell any image taken during a contracted event from the photographer to any person, company, group, advertising agency or otherwise without the photographer express written permission.
5. USAGE: The photographer grants the contractor permission to use the images taken during the contracted event for the contractor’s print portfolio, website or social media. All images used on the web must give full credit. It should include a “photographed for Marceau Photeau” statement with a link to www.marceauphoteau.com. Images shared on social media must also tag "@marceau_photeau for Instagram and "@Marceau Photeau” for Facebook. The contractor must wait to post the images online until 6-8 weeks after the wedding date or until photographer gives permission.
6. CLIENT INTERACTION: The contractor may not Facebook friend or accept a friend request from a client or their wedding guests. The contractor cannot mention the clients by name in any of their usage of their images, online or print.
7. BUSINESS REPRESENTATION: The contractor will be given the photographer's business cards to hand out if anyone asks during the wedding. The contractor is not permitted to promote his or her own business during the wedding. This includes networking with other vendors, only the photographer's business information should be given out.
8. 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 photographer due to failure to perform other than a documented medical emergency or an “Act of Nature.” The photographer is not liable for any loss or damage to the contractor’s equipment under this contract.
9. EQUIPMENT: The contractor is responsible for providing all of his/her own equipment with which to complete the assignments. The photographer requires that weddings be photographed in RAW format and that all original digital files are relinquished to the studio upon completion of the contracted job.
10. WEDDING DAY CONDUCT: Contractor will dress in appropriate clothes and will appear neat and clean. The contractor will call the photographer in the event of an emergency or delay at 219.201.5234
11. PAYMENT: will be arranged on an individual basis for each contractor, as mutually agreed upon. Payment will be an hourly amount depending on experience and the assignment, typically between $30 and $40 per hour. Assignments are typically 4-8 hours. The photographer will pay the contractor within 72 hours of the event.
12. RESPECT: Understand that every wedding is unique and second photographer should be willing to be flexible and not make up their own hours or plans for the day.
13. CONFIDIENTLIATY: The PHOTOGRAPHER acknowledges that by engaging in an Independent Contractor relationship with Marceau Photeau, the photographer will potentially obtain access to the Marceau Photeau’s clients, client lists, business plan, business model, and other sources of confidential information. The photographer agrees and acknowledges that such confidential information is important to the business of Marceau Photeau and will not misappropriate any knowledge gained during the term of engagement for the photographer’s own commercial or other purposes.
The photographer agrees that during the entire term of the assignment, and for a period of one year from the conclusion of the assignment, the Contractor will abide by the following provisions:
(a) The photographer certifies by signature he/she will not attempt to directly or indirect solicit any of Marceau Photeau’s customers or prospects in any way. Furthermore, photographer will not attempt in any way to influence the purchasing of services by Marceau Photeau’s customers or prospects at any time. This includes, but is not limited to, attempting to convince Marceau Photeau’s customer or prospect to terminate contract with Marceau Photeau and hire said photographer privately. If it is determined that the aforementioned has happened, the photographer is responsible for all monies not collected by Marceau Photeau pertaining to the amount of this contract with said party or $5000, whichever is greater.
(b) The photographer will not disrupt, impair, interfere, or hinder the business of Marceau Photeau in any manner, including, but not limited to, soliciting, inducing, or attempting to solicit or induce any employee, vendor, client or business from severing their relationship with the Photographer.
(c) The photographer will not utilize any business model, business plan, client list, or other confidential information obtained by Marceau Photeau in the course of the engagement, for the photographer’s own business.