- Names of Parties to Agreement: Identifies you and your clients to clarify who is entering into the contract.
- Scope of Work Clause: Defines the scope of work for the associate.
- Associate Compensation Clause: Clarifies payment terms including flat retainers and then an option for day-of hourly rates or commission-based pay.
- Travel Fees Clause: Includes travel pay and options to pay for travel fees or not
- Additional Compensation Clause: Defines what type of referral incentives are available and how booking a certain amount of weddings/events could result in more pay.
- Work Relationship Clause: Explains that the associate is an independent contractor.
- Duties of Associate Clause: Includes promotion of photography services, updating calendar, use of images, honoring commitments, second shooters, email account and communication, culling and editing, and inclement weather.
- Duties of Photographer Clause: Includes promotion of associate’s photography services, and that you will ensure they get adequate meals and breaks at the event.
- Communication Clause: Covers how the associate should communicate with clients and how they cannot promote their own photography business while on the job.
- Work Product & Copyright Clause: Explains that all work created and images shall be assigned over to your photography company under a Work Made for Hire situation.
- Cancellation of Weddings by Clients Clause: Details what happens if clients cancel the event.
- Social Media Clause: Ensures that the associate cannot share any images on their own social media accounts without your permission.
- Professional Standards Clause: Explains how they should conduct themselves in a professional manner.
- Insurance & Licenses Clause: Declares that contractor must have their own insurance)
- Photography Project Requirements Clause: Explains that shooting must be in RAW format, how to deliver images, etc.
- Harassment Clause: Confirms that if harassment were to occur how the associate can leave the event.
- Term & Termination Clause: Includes an option for a year long term, and then how the parties can terminate the agreement.
- Non-Solicitation Clause: Ensures the associate agrees not to solicit your clients.
- Non-Disparagement Clause: Makes clear that both parties shall not disparage or talk badly about the other publicly.
- Confidentiality Clause: Keeps everything that they learn about your photography business backend confidential.
- Indemnification Clause: Protects you from third-party legal liabilities and claims.
- Maximum Damages Clause: Limits claims to the cost of the agreement.
- Limitation of Liability Clause: Caps your liability in case of issues. Also limits the liability for exemplary damages.
- Force Majeure Clause: Covers unforeseeable, unpredictable events that make it impossible to perform under the contract, like natural disasters and war.
- Sales Tax Clause: Clarifies any applicable sales tax applied to package price.
- Entire Agreement Clause: Confirms this contract is the full and complete agreement between the parties.
- Venue and Jurisdiction Clause: Specifies the legal venue and interpretation of law for any disputes or claims.
- Arbitration Clause: Requires disputes go through arbitration first.
- Transfer Clause: Details that the contract cannot transfer to another party without consent.
- Severability & No Waiver Clause: Ensures the contract remains valid even if some parts are unenforceable or waived.
- Headings Clause: States that headings are for organization, not legal interpretation.
- Notification Clause: Explains how you’ll handle official notifications to clients.
- Counterparts & Facsimile Signatures Clause: Allows for electronic signatures to deem the contract valid.
- Signature Lines: Provides space for you and your client to sign and make it official!
- Additional Attachment with the Scope Of Work Associate Must Follow for Your Company: Provides more lengthy details on the associate’s pre-determined scope of work and is editable to your business practices.
