Contract for An Asistant. Would you sign it?

Started Apr 29, 2008 | Discussions thread
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skysi
skysi Senior Member • Posts: 1,195
Contract for An Asistant. Would you sign it?

I responded to this photographer's add on craigslist. He was looking for an intern/second shooter. I only have a non-wedding related event photography experience and that's what I told him and gave him the link to my website.
He said he liked my photography and wanted to have me as help for the summer.

I told him I can start from May 4th, and he asked me to help him with a wedding on the 3d. I agreed on the condition that I would leave in time to be at my other gig at 7 pm on that day. He agreed to this by email, saying I would only shoot the ceremony (1.5 hours) but in the contract he didn't make any changes reflecting this agreement, and this really surprises me. Besides, he has a clause in this contract that invalidates any prior oral or written agreements.

Of course, I'm going to ask him to change the clause # 2 to protect myself, but I decided to ask this question here, anyway. Would you, for any other reason, choose not to sign this?

I'd appreciate if find time to read this contract. It's not small, though. Seems to me like too much for $15 pay.

Thank you very much in advance.
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This Independent Contractor’s Agreement (“AGREEMENT”) is made between Acme (“STUDIO”) and Joe Public, an independent contractor (“CONTRACTOR”), in consideration of the mutual promises made herein, as follows:

1. The CONTRACTOR agrees to perform photography and/or assist the STUDIO at requested event(s) as required by the STUDIO and agreed upon by the CONTRACTOR.

2. The CONTRACTOR agrees to not leave the event prior to an event's scheduled end time without prior approval from STUDIO.

4. The CONTRACTOR agrees to exactly synchronize the date and time on all CONTRACTOR cameras to the exact hour, minute, and second displayed on the site http://www.time.gov/ prior to arrival at the event.

5. Any tips received by and intended for the CONTRACTOR may be kept by the CONTRACTOR and need not be reported to the STUDIO.

10. Upon delivery of all photographs to the STUDIO, the CONTRACTOR is given limited copyright ownership and permission to
display up to twenty (20) photographs ...

This limited copyright ownership and permission to display photographs may be rescinded by the STUDIO if requested by a STUDIO client.

13. The CONTRACTOR will supply all equipment ...

14. The CONTRACTOR agrees to hold the STUDIO free and harmless from any and all claims arising from any negligent act or
omission on the part of the CONTRACTOR.

16.Payment...

• When hired as a Second Photographer, the rate is $10 per hour for the period of event coverage or until the CONTRACTOR is released from the event by the studio.

• When hired as a Primary, Lead, or Single Photographer, the rate is $40 per hour for the period of event coverage or until the CONTRACTOR is released from the event by the studio.

17. The CONTRACTOR shall supply the STUDIO with all photographs within three (3) days of the event All photographs must be captured and delivered in unedited, uncompressed RAW format unless otherwise specified by the STUDIO.

19. The CONTRACTOR will submit to the STUDIO a statement for services rendered (invoice) within ten (10) business days of the event..... Upon receipt of these materials, the CONTRACTOR will be paid in full.

20. Neither this AGREEMENT nor any duties or obligations under this AGREEMENT may be assigned by the CONTRACTOR without the prior written consent of the STUDIO.

21. This AGREEMENT supersedes any and all agreements, either oral or in writing, between the CONTRACTOR and STUDIO with respect to the rendering of services. Each party to this AGREEMENT acknowledges that no representations,

inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein, and that no other agreement, statement, or promise not contained in this

AGREEMENT shall be valid or binding. Any modification of this AGREEMENT will be effective only if it is in writing signed by the party to be charged.

22. If any provision of this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

23. Any controversy between the parties hereto involving the construction or application of any of the terms, covenants, or conditions of this AGREEMENT will, on the written request of one party served on the other, be submitted to arbitration in the State of California. The parties will each appoint one person to hear and determine the dispute and if they are unable to agree, then the two persons so chosen will select a third impartial arbitrator whose decision will be final and conclusive on both parties. The cost of arbitration will be borne in such proportions as the arbitrators decide. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.

This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Illinois

Signatures:--------------------------------------------
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skysi
http://www.phototerrestrial.com

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