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Agreement
This Photography Services Agreement (this “Agreement”) is made and entered into the day set forth on this page hereto (the "Effective Date") by and between Avery & Bryant (“Photographer”), a Arkansas limited liability company, and the undersigned individual or entity (“Independent Contractor”).
1. Assignment: The Independent Contractor agrees to work as an assistant shooter, on a per real estate shooting basis.
2. Independent Contractor: The Independent Contractor and the Photographer hereby specifically agree that the Independent Contractor is performing the services as an independent contractor and is not an employee of the Photographer. Nothing in this agreement shall be construed as creating an employer-employee relationship, as a guarantee of future employment or engagement, or as a limitation upon the Photographer's sole discretion to terminate this agreement at any time without cause. The Independent Contractor further agrees to be responsible for all of the Independent Contractor's federal and state taxes, withholding, Social Security, insurance, and all other benefits. The Independent Contractor shall have no claim against Avery & Bryant hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
3. Client Interaction: The Independent Contractor will conduct themselves in a courteous and professional matter during the shoot at all times. Client interaction after the event, including but not limited to, emails, friend requests, social media follows, etc is not permitted.
4. Business Representation: The contractor will be given the Photographer's business cards to hand out if anyone asks during the shoot. The Independent Contractor is not permitted to promote his or her own business during the shoot. This includes networking with other vendors and only the Photographer's business information should be given out.
5. Confidentiality: The Independent 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 the Photographer and are privileged and confidential information. The Independent Contractor agrees not to reveal this information to anyone, nor to use this information to the detriment of the Photographer. The Independent Contractor agrees that all materials as described above must be returned to the Photographer at the end of this contract.
6. Liability: The Independent Contractor warrants that he/she will perform when booked for a real estate assignment and that he/she is liable for any loss or other financial liability suffered by the Photographer due to failure to perform other than a documented medical emergency or an “Act of Nature.” Photographer is not liable for any loss or damage to the Independent Contractor’s equipment under this contract.
7. Equipment: The Independent Contractor is responsible for providing all of his/her own equipment with which to complete the assignments. This includes providing his/her own professional DSLR camera equipment to photograph with. Independent Contractor will shoot 7 listings before he/she will shoot on their own. In the event that Avery & Bryant provides the equipment, Independent Contractor will be responsible for the equipment if it becomes damaged.
8. Listing Day Conduct: Independent Contractor will dress in casual attire and will appear neat and clean. Casual attire includes Polo/Collared shirt/Business T-shirt, nice jeans with no rips/tears, and sneakers are acceptable. Independent Contractor will not be late unless it is an act of God. The contractor will call the Photographer in the event of an emergency or delay.
9. Payment will be paid on the 1st & 15th of the month for each Independent Contractor. Independent Contractor agrees to provide Avery & Bryant with the necessary information to issue a 1099 form for tax season.