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Thread started 17 Feb 2008 (Sunday) 21:14
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Independent Contractors Agreement

 
ddphotography
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Feb 17, 2008 21:14 |  #1

Does anyone on here have a photographers independent contractors agreement form you'd be willing to share?

Thank you so much!!

dd




  
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ddphotography
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Feb 18, 2008 07:38 |  #2

Anyone? I have someone wanting me to shoot some product and need an agreement before I start. Thanks!




  
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ddphotography
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Feb 18, 2008 11:22 |  #3

Ok, found one.....hope this helps some people out :O) Feel free to C & P

INDEPENDENT CONTRACTOR FREELANCE PHOTOGRAPHER AGREEMENT


This agreement made and entered into on the date last written below, by and between ______________ (hereinafter “Company”), and _______________, an independent contractor (hereinafter “Photographer”);

Whereas, the Company desires to retain the services of Photographer, and Photographer desires to render services to the Company, upon the terms and conditions hereinafter stated:

Now, therefore, the parties hereto, intending to be legally bound hereby, do hereby promise and agree as follows:


SECTION 1 – SCOPE OF DUTIES TO BE PROVIDED

1.1 TERM. Company agrees to hire Photographer, at will, for a term commencing on _______________, 2008 and continuing until terminated in accordance with Section 4 of this agreement.
1.2 DUTIES. Photographer agrees to perform work for Company on the terms and conditions set forth in this agreement, and agrees to devote all necessary time and attention to the performance of the duties specified in this agreement. Photographers duties shall include the following:

Photography of __________:
• Subject:
• Quantity:
• Resolution:
• Format:
• Media:

SECTION 2 – CONFIDENTIALITY

2.1 CONFIDENTIALITY. Photographer acknowledges and agrees that all financial and accounting records, lists of property owned by Company, including amounts paid therefore, client and customer lists, and other Company data and information related to its business (hereinafter collectively “Confidential Information”) are valuable assets to the Company. Except for disclosures required to be made to advance the business of the Company and information which is a matter of public record, Photographer shall not, during the term of this Agreement or after the termination of this Agreement, disclose and Confidential Information to any person or use any Confidential Information for the benefit of Photographer or any other person, except with the prior written consent of the Company. The term “confidential information” does not include information that is or becomes publicly available (other than through breach of this Agreement) or information that is or becomes available to Photographer on a non-confidential basis, provided that the source of such information was not known by Photographer (after such inquiry as would be reasonable in the circumstances) to be bound by a confidentially agreement or other legal contractual obligation of confidentiality with respect to such information. In the event that Photographer is requested or required by law or legal process to disclose any of the confidential information, the Photographer shall provide Employer with prompt oral and written notice before making any disclosure. In addition, Confidential Information may be disclosed to the extent required in the course of inspections or inquiries by federal or state regulatory agencies to whose jurisdiction Photographer is subject and that have the legal right to inspect the files that contain the Confidential Information and Photographer will advise Company promptly upon such disclosure.
2.2 RETURN OF DOCUMENTS. Photographer acknowledges and agrees that all originals and copies of records, reports, documents, lists, plans, memoranda, notes and other documentation originating from the Company that are related to the business of the Company, or containing any Confidential Information shall be the sole and exclusive property of the company, and shall be returned to the Company upon the termination of this Agreement or upon the written request of the Company.
2.3 NO RELEASE. Photographer agrees that the termination of this agreement shall not release Photographer from any obligations under Section 2.1 or 2.2

SECTION 3 – COMPENSATION

3.1 COMPENSATION. In consideration of all services to be rendered by Photographer to the Company, the Company shall pay to said ___________ the amount of _____________.
3.2 WITHHOLDING; OTHER BENEFITS. Compensation paid pursuant to this Agreement shall not be subject to the customary withholding of income taxes and other employment taxes. Photographer shall be solely responsible for reporting and paying any such taxes. The Company shall not provide the Photographer with any coverage or participation in the Company’s accident and health insurance, life insurance, disability income insurance, medical expense reimbursement, wage continuation plans, or other fringe benefits provided to regular employees.

SECTION 4 – TERMINATION

4.1 TERMINATION AT WILL. This Agreement may be terminated by the Company immediately, at will, and in sole discretion of the Company. This Agreement may be terminated by the Photographer immediately, at will, and in sole discretion of the Photographer. This Agreement also may be terminated at any time upon the mutual written agreement of the Company and Photographer.

SECTION 5 – INDEPENDENT CONTRACTOR STATUS

5.1 Photographer acknowledges that she is an independent contractor and is not an agent, partner, joint venturer nor employee of Company. Photographer shall have no authority to bind or otherwise obligate Company in any manner nor shall Photographer represent to anyone that it has a right to do so. Photographer further agrees that in the event that the Company suffers any loss or damages as a result of a violation of this provision Photographer shall indemnify and hold harmless the Company from such loss or damage.
5.2 ASSIGNMENT. The Photographer shall not assign any of her rights under this agreement, or delegate the performance of any of her duties hereunder, without the prior written consent of the Company.

SECTION 6 – REPRESENTATIONS AND WARRANTIES OF PHOTOGRAPHER

6.1.1 Photographer represents and warrants to the Company that there is no employment contract or other contractual obligation to which Photographer is subject that prevents Photographer from entering into this Agreement or from performing fully Photographer’s duties under this Agreement.

SECTION 7 – MISCELLANEOUS PROVISIONS

7.1 The provisions of this Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors and assigns of the parties. Any provision hereof which imposes upon Photographer or Company an obligation after termination or expiration of this Agreement shall survive termination or expiration hereof and be binding upon Photographer or Company.
7.2 No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
7.3 This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Tennessee.
7.4 This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and supersedes all prior contemporaneous agreements, representations and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all parties.
7.5 SEVERABILITY. If any provision of these policies and regulations or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application of these policies and regulations which can be given effect without the valid provision or application, and to this end the provisions of these policies and regulations are severable. In lieu thereof there shall be added a provision as similar in terms to such illegal, invalid and unenforceable provision as may be possible and be legal, valid and enforceable.

WITNESS OUR SIGNATURES, this the _________ day of ____________ , 2008.

_______________
Company

_______________
Photographer




  
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PhotosGuy
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Feb 18, 2008 23:00 |  #4

You should have that reviewed by a local lawyer. What right will you convey?
And I like the provision that no rights will be passed on until the contract has been paid in full. ;)

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psuphoto09
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Feb 18, 2008 23:27 |  #5

this is great. mind if i use it?


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ddphotography
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Feb 22, 2008 07:59 |  #6

psuphoto09 wrote in post #4946405 (external link)
this is great. mind if i use it?

feel free to use it.

PhotosGuy wrote in post #4946209 (external link)
You should have that reviewed by a local lawyer. What right will you convey?

And I like the provision that no rights will be passed on until the contract has been paid in full.


I know the contract is legal in Tennessee...might want to check your state.

As for rights, I do property photography, so I don't care if they use the pics 100000 times, just so long as I have the rights to use them.

So, the "rights" section you may want to revise for yourself.




  
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Independent Contractors Agreement
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