AGREEMENT

This agreement is between MIKS SELS (Photographer), and _____[NAME]_____ (Contractor), an independent contractor whose full name, address, and phone number appear at the bottom of this form.

1. EVENT: Contractor agrees to work for Photographer as an independent contractor, providing photography-related services on ______(DATE)_________ at ________(PLACE)___________.

2. ASSIGNMENT: This assignment, as well as any future assignments, is and will be contracted on a case-by-case basis only. MIKS SELS is under no obligation to guarantee the Contractor any minimum number of contracts or any minimum number of hours. All work performed by the Contractor for MIKS SELS shall be governed by the covenants of this Agreement.

3. INDEPENDENT CONTRACTOR: The Contractor and MIKS SELS specifically agree that the Contractor is performing the services as an independent contractor and is not an employee of MIKS SELS. Nothing in this Agreement shall be construed as creating an employer-employee relationship. The contractor further agrees to be responsible for all of his/her own federal and state taxes, withholding, social security, insurance, and all other benefits.

4. COMPENSATION: Payment will be arranged on an individual basis for each contractor. Payment will be a base amount depending on experience and the assignment. The contractor shall be paid the previously agreed-upon amount UPON SUCCESSFUL TRANSFER OF ALL PHOTOS/CARDS TO THE PHOTOGRAPHER.

5. DELIVERY OF IMAGES: The contractor agrees to transfer all photos he/she took at the listed event immediately upon completion of the event. Photographer will supply memory cards (SDXC) to Contractor for use at the event, and Contractor agrees to return all memory cards– used and unused– to Photographer immediately upon completion of the event. If the Contractor used his/her memory cards (a different type than SDXC), he/she shall make those cards available to give to the Photographer for one month (the Photographer will send the images to other Contractor via delivery service not later than 2 weeks after completion of the event). As already stated in Paragraph 4, the Contractor shall be paid for his/her services only upon the successful transfer of all photos and/or memory cards to the Photographer.

6. COPYRIGHT & REPRODUCTION RIGHTS: The Contractor’s assignment is work for hire. As such, the copyrights of the images produced by him/her belong to MIKS SELS. The contractor agrees not to sell any image taken during the contracted event to any person, company, group, advertising agency, or otherwise, without the Photographer’s express written permission. MIKS SELS grants the Contractor permission to use the images taken during the contracted event for the Contractor’s professional use in the following manner: Print portfolio immediately, website (including but not limited to blog, Facebook, Twitter, etc.) after four (4) weeks from date of event. Web use shall include an accompanying “Photographed for https://mikssels.com” credit line. Any use that exceeds this limited scope is strictly prohibited.

• The Contractor can use images for Instagram/Facebook WITHOUT tagging the clients or mentioning the client’s names!
• The Contractor can use images for the website WITHOUT targeting SEO keywords that have been agreed upon signing this agreement.
• The Contractor can NOT use images for pining from the website to Pinterest.

7. EXCLUSIVITY: The contractor understands that he/she represents MIKS SELS and not any other business while completing assignments for MIKS SELS. While directly working for MIKS SELS, the Contractor will not advertise his/her own business, will not solicit work for him/herself, and will only distribute the Photographer’s business cards, name, and marketing materials. The contractor is not bound by an exclusivity agreement when not working directly for MIKS SELS. The contractor may pursue other photographic work for him/herself or other studios, as long as it shall not directly compete with MIKS SELS, infringe upon MIKS SELS’s client base, or solicit MIKS SELS clients, either directly or indirectly.

8. CONFIDENTIALITY: The contractor understands that all materials, price lists, 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 MIKS SELS, and are privileged, confidential information. The contractor agrees not to reveal this information to anyone, nor to use this information to the detriment of MIKS SELS in any way.

9. LIABILITY: The contractor warrants that he/she is liable for any loss or any other financial liability suffered by MIKS SELS due to a failure to perform, other than a documented medical emergency or “Act of Nature.” MIKS SELS is not liable for any loss or damage to the Contractor’s equipment under this contract.

10. EQUIPMENT: The contractor is responsible for providing all of his/her own equipment with which to complete the assignment. This includes providing his/her own media cards to photograph in the event that MIKS SELS does not provide them. It is required that weddings be photographed in RAW format. Additionally, the Contractor may not delete images from their media cards during the duration of the event until the cards have been downloaded and backed up by MIKS SELS, to avoid potential corruption of the files. All original digital files will be copied and downloaded by MIKS SELS upon completion of the contracted job. Once files are successfully downloaded and backed up by MIKS SELS, the media cards used by the Contractor with the original images will be given back to MIKS SELS. Any photos taken on the Contractor’s media cards (only if a second card slot is used) may be used by the Contractor at their discretion, according to Copyright and Reproduction Rights stated above (6). The Contractor is responsible for synchronizing his/her own cameras TIME and DATE to the Photographer’s camera gear settings.

11. CLIENT INTERACTION: The Contractor should not attempt to contact the client in any way for any reason.

12. WEDDING DAY CONDUCT: The contractor will dress in appropriate, muted/neutral colours and will appear neat and clean. The contractor will arrive on time and not be late unless it is an act of God. The Contractor will call MIKS SELS (+371 26325566) in the event of an emergency or delay.

13: CONTRACTOR EXPECTATIONS: For each event, the Contractor will:

• Arrive no later than fifteen (15) minutes prior to the contracted start time stated by MIKS SELS
• Provide his/her/its own equipment (at least 2 camera bodies and 2 lenses) and supplies, including media cards with a capacity of 2x 128 GB in total.
• Capture images for the scheduled duration of the event as specified by the MIKS SELS
• Deliver the event images (RAW) to MIKS SELS following the end of the event.
• Capture high-quality images in a professional manner in keeping with industry standards.

Should the Contractor perform the photography services on the day of the event but fail to deliver the images to MIKS SELS for any reason (including, but not limited to, the loss of digital files or other media or the failure of the 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 fee for that event, in addition to reimbursement to MIKS SELS of any sums that MIKS SELS must refund to the client(s) as a result of Contractor’s acts or omissions and/or the costs incurred by MIKS SELS to remedy the situation (such as additional editing/colour correction or restoration of damaged or deleted files by a third party company).  

The agreement constitutes the entire agreement 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: