Photographer's Full Name

Business Name

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Website

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List of Equipment Being Brought

*Memory cards will be provided by OP

SECOND SHOOTER AGREEMENT -

1. OVERVIEW: This is an Agreement between Parties: Ophelia Photography, hereinafter referred to as “PRIMARY” and an independent contractor whose name and information appears above, hereinafter referred to as “CONTRACTOR” or “SECOND SHOOTER”. This Agreement becomes effective upon the SECOND SHOOTER’S signature below. This agreement is effective when signed and will continue in effect for the term until the date of the final contracted event or assignment. If any party wishes to terminate or not renew the agreement – such as OP or CONTRACTOR, a 45-day written notice by either party is required.

2. POSITION + ASSIGNMENT: The CONTRACTOR agrees to work for the PRIMARY as a work-for-hire independent contractor providing Wedding Photography related services on an ‘as needed’ basis. The CONTRACTOR is a freelance working for [himself/herself]. 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.

3. INDEPENDENT CONTRACTOR: The CONTRACTOR and the PRIMARY hereby specifically agree that the 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 the PRIMARY’S employee benefit programs, including pension, profit sharing, healthcare, 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.

4. EQUIPMENT: The CONTRACTOR is responsible for providing all of [his/her] own equipment with which to complete the assignments. This includes providing [his/her] own cameras, lenses, flash and lighting equipment, bags, cleaning supplies, memory cards (if needed), and misc gear. OP will supply memory cards in most cases and CONTRACTOR will be responsible for cards, and will take all precautions for keeping them safe. CONTRACTOR will be required to return all of OP’s cards to OP at end of event/assignment. In the event OP chooses to provide any other equipment for CONTRACTOR to use during event, CONTRACTOR shall take all necessary precautions to protect equipment while it is in the CONTRACTOR’S possession. CONTRACTOR will be responsible for all losses or theft of OP’s equipment, and all damage to the equipment beyond ordinary wear and tear while it is in the CONTRACTOR’S possession. CONTRACTOR will be required to return equipment to OP promptly at the end of the event/assignment.

5. CONDUCT + EXPECTATIONS: (A) - Contractor will arrive to the event/assignment on time per previously arranged timeline. (B) - Contractor will wear presentable and professional dress attire. Attire is business casual. All black, black, gray, dark neutral colors are all preferred by OP. Clean and professional shoes are required. (C) - Contractor will perform with the highest level of service allowing OP to handle all client issues and specific client or guest requests on the day-of the event. (D) - Contractor will introduce themselves as being with Ophelia Photography and will not promote their own business or other businesses outside of OP. (E) - Contractor will not partake in any alcohol/drug consumption during the duration of event/assignment. (F) - Contractor may not delete images from their own or OP’s memory cards during the duration of the event/assignment until the cards have been downloaded and backed up by OP, to avoid potential corruption of the files. (G) - Contractor will photograph in RAW file format. (H) - Contractor and OP will discuss expectations in terms of shooting styles – preferred aperture, shutter speed, ISO and general shooting styles prior to the event/assignment to ensure that images captured by CONTRACTOR are cohesive with OP’s style – CONTRACTOR will be expected to shoot in this style. (I) - OP requires you not to use any photos shot the day of the event for your intentions to promote yourself or your business. If posts are made without giving credits to Ophelia Photography in any way, it is a breach of contract. Any and all use of photos, videos, or posts made should be credited to Ophelia Photography or with the words “Associate Photographer for Ophelia Photography”

6. EXCLUSIVITY: The CONTRACTOR understands that [he/she] represents Ophelia Photography and not any other business including themselves, while completing assignments for the OP. While directly working for OP, 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 OP’s materials, business cards, and name. The CONTRACTOR will not contact clients. The CONTRACTOR will not contact event vendors regarding the event. The CONTRACTOR is not bound by an exclusivity contract when not working directly for the PRIMARY. The CONTRACTOR may pursue other photographic work for [himself/herself] or other studios/primary’s, as long as it shall not directly compete with OP, infringe upon OP’s client base, or solicit OP’s clients, either directly or indirectly. Ophelia Photography may hire other people to provide similar services as being provided by CONTRACTOR.

7. COMPENSATION: In exchange for successful completion of event/assignments (and files) the CONTRACTOR will receive compensation within 3 days post the event/assignment. The amount of compensation will be agreed upon and confirmed, in writing, email and/or message, prior to the event date(s). Payment will be a base amount depending on experience and the assignment.

9. TIMING TO COMPLETE ASSIGNMENT + DELIVERY OF IMAGES: OP will supply memory cards to CONTRACTOR for use at the event/assignment, and CONTRACTOR agrees to return all memory cards – used and unused – to OP immediately upon completion of the event/assignment. If CONTRACTOR used [his/her] own memory cards for any reason, [he/she] shall make those cards available to OP for download immediately upon completion of the event/assignment. Arrangements, if needed, will be made to return CONTRACTOR’S memory cards at a later time after the event/assignment. Should the CONTRACTOR perform the photography services on the day of the event/assignment, but fail to deliver the images to OP 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 compensation for that event, in addition to reimbursement to OP of any sums that OP must refund to the client(s) as a result of CONTRACTOR’S acts or omissions and/or the costs incurred by OP to remedy the situation (such as additional editing/color correction or restoration of damaged or deleted files by a third party company).

10. COPYRIGHT & REPRODUCTION RIGHTS: The CONTRACTOR’S assignment is work for hire. As such, the copyrights of the images produced by [him/her] belong to Ophelia Photography. CONTRACTOR agrees not to sell any image taken during the contracted event/assignment to any person, company, group, advertising agency, or otherwise, without OP’s express written permission. CONTRACTOR may not use any image taken during the contracted event/assignment for their own social media, advertising, website, portfolio (print or web) etc, without OP’s express written permission. OP may require verbiage of "Photographed for Ophelia Photography" credit line if and when any images are given permission by OP to CONTRACTOR to use. Any use that exceeds this limited scope is strictly prohibited.

11. CONFIDENTIALITY: The CONTRACTOR understands that all materials, price lists, contracts, vendor contacts/lists, client contacts/lists, editing and 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 OP 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 OP, including but not limited to self-gain and to circumvent or to undercut sales. The CONTRACTOR agrees that all materials as described in this agreement 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 OP’s Confidential Information or any materials or information which CONTRACTOR should reasonably expect to be confidential, including personal information related to clients. CONTRACTOR agrees that all Confidential Information is, and shall remain, the sole property of Ophelia Photography.

12. LIABILITY: The CONTRACTOR warrants that [he/she] will perform when booked for a photographic event/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”. OP is not liable for any loss or damage to the CONTRACTOR’s equipment under this contract.

13. IDEMNIFICATION: CONTRACTOR agrees to indemnity, defend, and hold harmless OP against all claims, liabilities, damages, costs and expenses, including reasonable legal fees and expenses, arising from CONTRACTOR’S performance of the services pursuant to this Agreement.

14. 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. If a third party requests the CONTRACTOR to provide wedding photography services on a date that conflicts with an event date per this Agreement (as the primary photographer and not as a second shooter), then the CONTRACTOR may terminate this Agreement, but only if the CONTRACTOR provides OP with written notice at least 60 days prior to the event date.

15. 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.

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. BY TYPING MY FULL NAME IN THE SPACE BELOW, I AM CONFIRMING THAT I HAVE READ, UNDERSTAND, AND AGREE TO THE ABOVE AGREEMENT.