candace howe studios Associate photographer Agreement

Associate Photographer Agreement

Associate Photographer Contract This Agreement is between the Independent Contractor (“Associate Photographer"), whose name and address appear below, and “Owner” Candace Howe of Candace Howe Studios and is in effect as of date of signature.This agreement is with respect to the duties and coverage of the role of Associate Photographer for Candace Howe Studios located at 141 Flushing Ave., Brooklyn, NY 11205. 1. Engagement of Services The Associate Photographer agrees to work with the Owner as a work-for-hire Independent Contractor of Candace Howe Studios hereby in the role of Associate Photographer to provide professional photography services specifically for newborn photography to be held at Candace Howe Studio’s studio location detailed above. The Associate Photographer agrees to provide such services under the terms and conditions set forth in this Agreement. 2. Responsibilities The Associate Photographer shall be responsible for: a. Photographing clients in the studio as scheduled by Candace Howe Studios. b. Ensuring a high standard of professional conduct and quality in all photography work. c. Complying with all studio policies and procedures as communicated by the Company.

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3. RELATIONSHIP: Nothing herein shall be deemed to constitute a partnership or joint venture between the Owner and the Associate Photographer. This agreement does not commit Candace Howe Studios to the traditional role of the employer. In entering into this Agreement and providing services pursuant hereto, the Associate Photographer has and shall maintain the status of an Independent Contractor and nothing herein contained shall contemplate or constitute an agent or employee relationship. Candace Howe Studios is not responsible for the withholding of taxes, insurance, worker’s compensation insurance, social security, pensions, retirement fees, licenses, and/or other fees. Such costs are the responsibility of the Associate Photographer.

4. Equipment The Associate Photographer is responsible for providing the camera equipment needed to provide the service. The Associate Photographer will have access to the studio lighting equipment, including strobes, modifiers, weights, and triggers as well as props and studio wardrobe specifically for newborn sessions. Candace Howe Studios will provide memory cards for each session and the Associate Photographer is responsible for submitting each card immediately after each session. The Owner requires that sessions are to be photographer in RAW format and that all original digital files are relinquished to the studio upon completion of the contracted assignment. Sanitation equipment will be provided by Candace Howe Studios to conduct newborn sessions. The Associate Photographer agrees to the maintain of the studio space while occupying for each assignment and will be responsible for the safe keeping of all studio equipment in use while in the studio. 5. Travel The Associate Photographer is responsible for all travel expense to and from Candace Howe Studios location listed; unless agreed upon in advance of assignment. All exceptions must be in writing.

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6. Compensation Candace Howe Studios agrees to compensate the Associate Photographer as follows: a. The Associate Photographer will receive 30% of the total collection price selected at the time of reservation for each session completed. b. Payments will be made within 5 business days of receipt of the submitted memory cards and digital negatives from each session. 7. Non-Compete Clause The Associate Photographer agrees that during the term of this Contract and for a period of 1 year following the termination of this Contract, they will not: a. Engage in or attempt to solicit any business related to newborn and/or family photography from an active client of Candace Howe of Candace Howe Studios. b. The Associate Photographer will not disrupt, impair, interfere, or hinder the business of Candace Howe and/or Candace Howe Studios in any manner, included, but not limited to soliciting, inducing, or attempting to solicit or induce any employee, vendor, client or business from severing their relationship with the Owner. c. The Associate Photographer will not utilize any business model, business plan, client list, and/or other confidential information obtained by the Associate Photographer in the course of the engagement for the Associate’s own business. 8. Non-Disclosure Agreement The Associate Photographer acknowledges that during the course of their work, they will have access to confidential and proprietary information including, but not limited to, client information, pricing, marketing strategies, and studio operations (“Confidential Information”). The Associate Photographer agrees to: a. Maintain the confidentiality of all such Confidential Information and will not misappropriate any knowledge gained during the term of engagement for the Associate’s own commercial or other purposes.. b. Not disclose any Confidential Information to any third party without the prior written consent of the Company. c. Ensure that all images taken remain the property of Candace Howe Studios and are not used for any purpose outside of the scope of this Contract without the Company’s prior written consent.

By entering my name below, I agree to the terms and conditions as described above.

9. Copyright and Reproduction Rights

The Associate Photographer’s assignment is a work-for-hire, as such the copyrights to the images produced by him/her will remain that of Candace Howe Studios. All photographs and related materials produced by the Associate Photographer during the course of their engagement shall be the sole property of Candace Howe Studios. The Associate Photographer agrees not to sell any image taken during the contracted session to any person, group, company, or publishing entity without the Owner’s expressed written permission. Candace Howe Studios grants the Associate Photographer permission to use the images taken during each contracted session in the following manner(s): personal print portfolio or website. When utilizing on Social Media platforms, including but not limited to Instagram, Facebook, LinkedIn, TikTok the Associate Photographer agrees to tag the Owner with the language “Captured for Candace Howe Studios” within the caption of the post. The Associate Photographer agrees not to tag and/or identify the family represented in the photograph when sharing on social media platforms. 10. Liability. The Associate Photographer warrants that he/she will perform when booked for a portrait session and that he/she is liable for any loss or other financial liability due to failure to perform other than documented medical emergency or an “Act of Nature”. The Owner is not liable for any loss and/or damage to the Associate Photographer’s equipment under this Agreement. The Associate Photographer may not assign or delegate any of its right and/or responsibilities under this Agreement to a third party. The Owner shall not be held liable for any and all injury to the Associate Photographer during the course of the photography sessions and the immediately surrounding events. 11. Cancellation. In the event that an assignment is cancelled, the Owner will provide notice to the Associate Photographer as soon as practicable. 12. Term and Termination This Agreement shall commence on the effective date and shall continue until terminated by either party upon written notice. The Owner reserves the right to terminate this Agreement immediately for cause, including but not limited to, breach of any term of this Agreement by the Associate Photographer. 13. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of New York. If either party to the Agreement brings a legal action against the other party to the Agreement 14. Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by a licensed arbitrator in the jurisdiction closest to Candace Howe Studios. If either party to this Agreement brings a legal action against the other party to this Agreement to secure the specific performance of this Agreement, collect damages for breach of this Agreement, or otherwise enforce or interpret this Agreement, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

15. Entire Agreement This Contract constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and representations. 16. Amendments This Contract may be amended only by a written agreement signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Associate Photographer Contract as of the day and year first above written.

SIGNATURE-By entering my name in full below, I agree to the terms and conditions as described above.

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candace howe studios Associate photographer Agreement

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