Associate Wedding Contract
Please read carefully the contract below. Then fill out the form per details provided and sign to complete.
Terms and Conditions:
This Contract is made and entered into as of the date of all signatures affixed below and by Lauren Newman Photography, an Independent Contractor whose name and address appears below, (further referred to as “Contractor”). The Contractor will provide, by way of Sub-contract, to Lauren Newman Photography the following services including, but not limited to, professional photography and delivering RAW files to Lauren Newman Photography, etc. These services will be provided by the Contractor to Lauren Newman Photography for the business of Wedding Photography and/or other selected events designated by Lauren Newman Photography. After confirmation of the Contractor's availability, Lauren Newman Photography has concluded both the Contractor and Lauren Newman Photography are available to perform and provide these services or projects presented before said contractor. This agreement guarantees the presence of the contractor at said event/project listed in this contract. It has also been determined that the contractor is available and qualified to perform such function.
This Independent Contractor Agreement (this "Agreement") is made as of this 25 day of July, 2022, (the “Effective Date”) by and between Lauren Davie-Newman located at 7586 Northpointe Blvd, Pensacola, FL 32514 (“Client”) and Candice Yanovich located at 727 Olive Street Apt A, Santa Barbara, CA 93101 (“Independent Contractor”). Client and Independent Contractor may each be referred to in this Agreement as a “Party” and collectively as the “Parties.”
Fee and Retainer:
1. Services. Independent Contractor shall provide the following services to Client (the “Services”):
Required Commitment: Upon acceptance of these terms the associate shall commit to attending the wedding event at the specified date and time, and shall make no other reservations for that date. Should the associate, for any reason (aside from acts of God or severn proven illness), not attend the committed wedding, a 30 day written notice is required and the associate agrees to pay a fee of $600, which will go towards refunding the couple’s retainer fee.
Second Shooter: Associate may bring choose the second shooter at his/her discretion as long as they are ran by Lauren Newman Photography first. They must have their own equipment and sign a second shooter contract.
Termination or reschedule by wedding client: If for any reason the Client requests to amend or cancel this contract before the wedding date, associate will keep the retainer payment. In the event that the client requests to reschedule their wedding and the associate is available to rebook the new wedding date, associate will receive a $200 rescheduling payment and a new contract may be required. In the event that the wedding Client reschedules the wedding and associate is not able to rebook the new wedding date for the wedding Client, the wedding Client forfeits their retainer.
Tips: Any tips given during the wedding will go to the associate photographer.
Position, Independent contractor: The associate contractor and Lauren Newman Photography here by specifically agree that the associate contractor is performing the services as an independent contractor and is not an employee of Lauren Newman Photography.
Equipment: It is required for the associate contractor to provide their own photography equipment to complete the assignment At least 2 camera bodies, lens, flash(s), and all batteries fully charged is required. Also, the associate contractor is required to have their own business/liability insurance. It is required that weddings be photographed in RAW format. Additionally, the associate may not delete images from their media cards until the main cards have been downloaded and backed up by Lauren Newman Photography, to avoid potential corruption/loss of the files.
Delivery of images: Associate Contractor agrees to distribute and collect SD cards upon completion of the event to and from the second shooter. Lauren Newman Photography will supply memory cards to Contractor and Second shooter for use at the event at least one week before the contracted event via mail. Associate agrees to temporarily backup all photos the second shooter and he/she took at the listed event immediately upon completion of the event to an external hard drive until Lauren Newman Photography confirms receiving the SD cards in the mail. Associate agrees to overnight mail the SD cards to Lauren Newman Photography the following Monday after the event and invoice Lauren Newman Photography for the transaction. If Contractor uses a camera with two SD card slots, contractor will use his/her own memory cards for the second card slot and not mail those SD cards in case Lauren Newman Photography’s SD cards get lost in the mail. Contractor agrees to return all memory cards-- used and unused-- to Lauren Newman Photography. Contractor shall be paid for his/her 2 / 7 services upon successful transfer of all photos and/or memory cards to Lauren Newman Photography.
Liability: Contractor warrants that he/she is liable for any loss or any other financial liability suffered by Lauren Newman Photography due to a failure to perform, other than a documented medical emergency or "Act of God.” Lauren Newman Photography is not liable for any loss or damage to Contractor’s equipment under this contract.
Non-solicitation: Associate agrees to introduce themselves only as "A photographer for Lauren Newman Photography" and not in any way promote their own business or brand before, throughout, or after the wedding. Associate will not solicit work for him/herself, and will only distribute the main Photographer's business cards, name, social media handle, website, marketing materials, etc.
Wedding day Conduct: Associate will dress in appropriate, muted/neutral/black colors and will appear neat and clean with comfortable footwear. Associate will not wear white. If the wedding is a semi formal attire event Lauren Newman Photography will let associate know and associate will dress accordingly. Contractor will arrive on time and not be late unless it is an act of God. The Contractor will call Lauren Newman Photography in the event of an emergency or delay. Associate may not drink alcohol or smoke during a wedding. Violation of any of these terms is grounds for immediate termination and revocation of contract. Lauren Newman Photography will give you the wedding questionnaire filled out by the couple, timeline, family photos list, and a start and end time. Associate must arrive on time or early to keep from feeling rushed and must not be late unless it is an act of God.
Contractor expectations:
To present yourself with professionalism at all times
Arrive no later than 15-30 minutes prior to the contacted start time stated by Lauren Newman Photography which allows extra time for traffic, unexpected delays, etc.) and to promptly begin services.
Associate will capture images for the scheduled duration of the event as specified in the wedding day timeline given to them by the Lauren Newman Photography.
Associate agrees to review Lauren Newman’s previous work and portfolio and will perform services in a similar style
Provide his/her own equipment and supplies, including cameras, lens, flashes, batteries, extra media cards just in case.
Associate agrees to confirm the timeline with Lauren Newman prior to the wedding
Associate will capture high-quality images in a professional manner in keeping with industry standards.
Manage and instruct their second shooter
Associate Contractor agrees to distribute and collect SD cards upon completion of the event to and from the second shooter.
Associate agrees to temporarily backup all photos the second shooter and he/she took at the listed event immediately upon completion of the event to an external hard drive until Lauren Newman Photography confirms receiving the SD cards in the mail.
Deliver the event images (RAW) to Lauren Newman Photography via overnight mail on the following Monday after the event. And will invoice Lauren Newman for the transaction.
Provide a few moments notice the client (and Lauren) before you leave the wedding/reception.
Should the associate perform the photography services on the day of the event but fail to deliver the images to Lauren Newman Photography for any reason (including, but not limited to, the loss of digital files or other media or the failure of Associate’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 Lauren Newman Photography of any sums that Lauren Newman Photography must refund to the client(s) as a result of associate’s acts or omissions and/or the costs incurred by Lauren Newman Photography to remedy the situation (such as additional editing/color correction or restoration of damaged or deleted files by a third party company).
Travel: Associate is responsible for all travel expense to and from the event venue; unless agreed upon, in advance of said event. The associate also states he/she is in possession of a valid driver’s license to travel henceforth between said locations required on date of event.
Weather: Associate 3 / 7 is not responsible for compromised coverage due to causes beyond her control such as weather conditions, but agrees to make the best judgements for photo creation despite circumstances out of his/her control.
Confidentiality: Associate understands that all materials, emails, price lists, workflows, strategies, contracts, financial documents, agreements, and other information or documents that are given to him/her in the scope of his/her assignments, are the exclusive property of Lauren Newman Photography, and are privileged, confidential information. Associate agrees not to reveal this information to anyone, nor to use this information to the detriment of Lauren Newman Photography in any way.
Copyrights: The Associate contractor's assignment is work for hire, as such, the copyrights of the images produced by him/her belong to Lauren Newman Photography. For consistency purposes photos taken by the contracted associate or second shooter cannot to be used in any manner (including but not limited to personal or business promotion, blog, Facebook, Instagram, website, etc.) by the associate photographer/second shooter without written permission of Lauren Newman Photography. If written permission is given for any purpose, the associate photographer must use the following format (photo by “your name”, for Lauren Newman Photography). Photos taken during the contracted event cannot be sold to any person, company, group, advertising agency, magazine, 3rd party or otherwise, without Lauren Newman Photography’s express written permission.
Harassment: Wedding client is responsible for ensuring the appropriate behavior of all guests and other persons at the wedding. The wedding Client(s) expressly agree(s) to take best efforts to provide the associate and his/her second shooter with a safe and professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury, inappropriate, hostile, unprofessional, harassing language, offensive behavior (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) to the associate or second shooter, associate will make reasonable efforts to notify the wedding Client(s) and Lauren Newman Photography. If the Client(s) or Lauren Newman are able to respond to the threatening situation in a reasonable amount of time, associate shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold associate harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the associate’s work.
Food/Breaks: Wedding client is to provide a hot sit-down meal for the contracted associate and second shooter for weddings lasting more than 6 hrs. If no meal is provided, the photographer(s) reserves the right to go off-site for a meal for 45 minutes.
Governing Law: Jurisdiction: The validity, construction, and enforceability of this Agreement shall be governed in all respects by the laws of the State of Florida. If any dispute arises in connection with or relating to this Agreement, then the Parties agree that the proper jurisdiction shall be the courts located in Escambia County, Florida, and the Parties waive any defense of personal jurisdiction or lack of venue. . In addition, Independent Contractor shall perform such other duties and tasks, or changes to the Services, as may be agreed upon by the Parties. 2. Compensation. Inconsideration for Independent Contractor’s performance of the Services, Client shall pay Independent Contractor according to the following schedule: $200.00 for Payment for reserving the wedding date. $300.00 for Payment upon transfer of all photos/memory cards to Lauren Newman for engagement session. $600.00 for Payment upon transfer of all photos/memory cards to Lauren Newman for wedding. Independent Contractor will be paid after the completion of each milestone. 3. Expenses. All costs and expenses incurred by Independent Contractor in connection with the performance of the Services shall be the sole responsibility of and paid by Independent Contractor. 4 / 7 4. Term and Termination. Independent Contractor’s engagement with Client under this Agreement shall commence on April 01, 2023. The Parties agree and acknowledge that this Agreement and Independent Contractor’s engagement with Client under this Agreement shall terminate upon the completion by Independent Contractor of the Services. At the time of termination, Independent Contractor agrees to return all Client property used in performance of the Services, including but not limited to computers, cell phones, keys, reports and other equipment and documents. Independent Contractor shall reimburse Client for any Client property lost or damaged in an amount equal to the market price of such property. 5. Independent Contractor. The Parties agree and acknowledge that Independent Contractor is an independent contractor and is not, for any purpose, an employee of Client. Independent Contractor does not have any authority to enter into agreements or contracts on behalf of Client, and shall not represent that it possesses any such authority. Independent Contractor shall not be entitled to any of Client’s benefits, including, but not limited to, coverage under medical, dental, retirement or other plans. Client shall not be obligated to pay worker's compensation insurance, unemployment compensation, social security tax, withholding tax or other taxes or withholdings for or on behalf of the Independent Contractor in connection with the performance of the Services under this Agreement. Nothing contained in this Agreement shall be deemed or construed by the Parties to create the relationship of a partnership, a joint venture or any other fiduciary relationship. 6. Confidentiality. a. Confidential and Proprietary Information. In the course of performing the Services, Independent Contractor will be exposed to confidential and proprietary information of Client. “Confidential Information” shall mean any data or information that is competitively sensitive material and not generally known to the public, including, but not limited to, information relating to development and plans, marketing strategies, finance, operations, systems, proprietary concepts, documentation, reports, data, specifications, computer software, source code, object code, flow charts, data, databases, inventions, know-how, trade secrets, customer lists, customer relationships, customer profiles, supplier lists, supplier relationships, supplier profiles, pricing, sales estimates, business plans and internal performance results relating to the past, present or future business activities, technical information, designs, processes, procedures, formulas or improvements, which Client considers confidential and proprietary. Independent Contractor acknowledges and agrees that the Confidential Information is valuable property of Client, developed over a long period of time at substantial expense and that it is worthy of protection. b. Confidentiality Obligations. Except as otherwise expressly permitted in this Agreement, Independent Contractor shall not disclose or use in any manner, directly or indirectly, any Confidential Information either during the term of this Agreement or at any time thereafter, except as required to perform the Services or with Client’s prior written consent. c. Rights in Confidential Information. All Confidential Information disclosed to Independent Contractor by Client (i) is and shall remain the sole and exclusive property of Client, and (ii) is disclosed or permitted to be acquired by Independent Contractor solely in reliance on Independent Contractor’s agreement to maintain the Confidential Information in confidence and not to use or disclose the Confidential Information to any other person. Except as expressly provided herein, this 5 / 7 Agreement does not confer any right, license, ownership or other interest in or title to the Confidential Information to Independent Contractor. d. Irreparable Harm. Independent Contractor acknowledges that use or disclosure of any Confidential Information in a manner inconsistent with this Agreement will give rise to irreparable injury for which damages would not be an adequate remedy. Accordingly, in addition to any other legal remedies which may be available at law or in equity, Client shall be entitled to equitable or injunctive relief against the unauthorized use or disclosure of Confidential Information. Client shall be entitled to pursue any other legally permissible remedy available as a result of such breach, including but not limited to, damages, both direct and consequential. In any action brought by Client under this Section, Client shall be entitled to recover its attorney’s fees and costs from Independent Contractor. 7. Ownership of Work Product. The Parties agree that all work product, information or other materials created and developed by Independent Contractor in connection with the performance of the Services under this Agreement and any resulting intellectual property rights (collectively, the “Work Product”) are the sole and exclusive property of Client. The Parties acknowledge that the Work Product shall, to the extent permitted by law, be considered a “work made for hire” within the definition of Section 101 of the Copyright Act of 1976, as amended, (the “Copyright Act”) and that Client is deemed to be the author and is the owner of all copyright and all other rights therein. If the work product is not deemed to be a “work made for hire” under the Copyright Act, then Independent Contractor hereby assigns to Client all of Independent Contractor’s rights, title and interest in and to the Work Product, including but not limited to all copyrights, publishing rights and rights to use, reproduce and otherwise exploit the Work Product in any and all formats, media, or all channels, whether now known or hereafter created. 8. Insurance. For the term of this Agreement, Independent Contractor shall obtain and maintain a policy of insurance, with appropriate and adequate coverage and limits, to cover any claims for bodily injury, property damage or other losses which might arise out of any negligent act or omission committed by Independent Contractor or Independent Contractor’s employees or agents, if any, in connection with the performance of the Services under this Agreement. 9. Non-Solicit. Independent Contractor agrees and covenants that for a period of six (6) months following the termination of this Agreement, Independent Contractor will not, directly or indirectly, solicit any officer, director or employee, or any customer, client, supplier or vendor of Client for the purpose of inducing such party to terminate its relationship with Client in favor of Independent Contractor or another business directly or indirectly in competition with Client. 10. Mutual Representations and Warranties. Both Client and Independent Contractor represent and warrant that each Party has full power, authority and right to execute and deliver this Agreement, has full power and authority to perform its obligations under this Agreement, and has taken all necessary action to authorize the execution and delivery of this Agreement. No other consents are necessary to enter into or perform this Agreement. 11. Independent Contractor Representation and Warranties. Independent Contractor represents and warrants that it has all the necessary licenses, permits and registrations, if any, required to perform the Services under this Agreement in accordance with applicable federal, state and local laws, rules and 6 / 7 regulations and that it will perform the Services according to the Client’s guidelines and specifications and with the standard of care prevailing in the industry. 12. Governing Law. The terms of this Agreement and the rights of the Parties hereto shall be governed exclusively by the laws of the State of Florida, without regarding its conflicts of law provisions. 13. Disputes. Any dispute arising from this Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association. 14. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. 15. Assignment. The interests of Independent Contractor are personal to Independent Contractor and cannot be assigned, transferred or sold without the prior written consent of Client. 16. Entire Agreement. This Agreement constitutes the entire agreement between the Parties hereto with respect the subject matter hereof, and supersedes all prior negotiations, understandings and agreements of the Parties. 17. Amendments. No supplement, modification or amendment of this Agreement will be binding unless executed in writing by both of the Parties. 18. Notices. Any notice or other communication given or made to either Party under this Agreement shall be in writing and delivered by hand, sent by overnight courier service or sent by certified or registered mail, return receipt requested, to the address stated above or to another address as that Party may subsequently designate by notice, and shall be deemed given on the date of delivery. 19. Waiver. Neither Party shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing. Waiver by either Party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any subsequent or other breach or violation. 20. Further Assurances. At the request of one Party, the other Party shall execute and deliver such other documents and take such other actions as may be reasonably necessary to effect the terms of this Agreement. 21. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal or unenforceable parts had not been included in this Agreement. IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the date first written above.
The agreement constitutes the entire agreements between 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 effect.
PLEASE COMPLETE THE FORM BELOW.
Completion and submission of the following form denotes acceptance of all the terms listed above, and formal acceptance of this assignment as an Independent Contractor. By writing my name in the section below, I am digitally signing this form and agreeing to all the terms.
I agree to all terms stated above: