DBA Doing Business As (payments will be made out to your business name as entered here - if you are a sole proprietor or work under your name only you can leave this blank)
Street Address* We use mailing addresses to send checks. For Associates that work with us on a regular basis, direct deposit will be another option. We typically pay within 30-days of project completion.
Agreement Terms
This will confirm the understanding between you and Orange Photography regarding work to be done by you (hereinafter, the "Talent") as more fully described below:
Photography/Video coverage (hereinafter, the "Work").
1. Talent agrees to deliver the Work to us on time or early in a manner and form satisfactory to Orange Photography as based on the specific assignment.
2. Upon acceptance of the Work, we agree to pay Talent negotiated fixed rate for all rights of the Work. You will not receive any further payment from us. Payments are generally made within 30-60 days of delivery of the Work.
3. Talent expressly acknowledges that the material contributed by you hereunder, and your services hereunder, are being specially ordered and commissioned by us for use in connection with photography/video services. The Work contributed by Talent hereunder shall be considered a "work made for hire" as defined by the copyright laws of the United States. Orange Photography shall be the sole and exclusive owner and copyright proprietor of all rights and title in and to the results and proceeds of your services hereunder in whatever stage of completion. If for any reason the results and proceeds of your services hereunder are determined at any time not to be a "work made for hire", you hereby irrevocably transfer and assign to us all right, title and interest therein, including all copyright, as well as all renewals and extensions thereto. Work may not be used by Talent, unless express written authorization is provided from Orange Photography.
4. Talent agrees that Orange Photography may make any changes or additions to the Work prepared by you, which we in our sole discretion may consider necessary, and may engage others to do any or all of the foregoing, with or without attribution to you. You further agree to waive any so-called moral rights in the Work.
5. Talent represents that, except with respect to material furnished to you by us, you are the sole author of the Work and all of your services are original from you and not copied in whole or in part from any other work; that your Work is not libelous or obscene, or knowingly violates the right of privacy or publicity, or any other rights of any person, firm or entity. Additionally, raw footage/images must be retained by Talent for 60-days.
6. Talent shall be responsible for any costs and expenses incurred in connection with the Work (included but not limited to travel-related expenses), unless otherwise approved in writing in advance of their incurrence. Talent shall submit satisfactory documentation of all travel-related and other expenses.
7. Failure to Perform. Talent warrants that he/she will perform when booked for an assignment , and that he/she is liable for any loss or any other financial liability suffered by Orange Photography, due to a failure to perform, other than a documented medical emergency or Act of God, Act of Nature, force majeure or any other legitimate condition beyond the control of Talent. If such circumstances arise, Talent shall, at the discretion of Orange Photography, agree to appear at a substitute shoot of at least the same duration that is set forth by Orange Photography, and be penalized 50% of their rate for that shoot. If Talent cannot accommodate date/time, Orange Photography will either negotiate separate date/time, or terminate Talent's employment. Neither party shall be liable for indirect, special or consequential damages arising from any breach of this agreement.
8. During the period in which Talent works at the request of Orange Photography, Talent will not, without the express written approval of Orange Photography, directly or indirectly for his/her account or for the account of others, (i) solicit or service the business of any of Orange Photography's clients or prospective clients or of any of Orange Photography’s former clients for whom he/she has previously provided services at the request of Orange Photography or (ii) employ or solicit for employment any person who is an employee of Orange Photography or any person who was an employee of Orange Photography at any time during the six months prior to his/her employing or soliciting such person.
9. Confidentiality: Talent 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 exclusive property of Orange Photography, and are privileged confidential information. Talent agrees not to reveal this information to anyone, nor to use this information to the detriment of the Orange Photography, including to circumvent or to undercut sales. Talent agrees that all materials as described above must be returned to Orange Photography at such time as this or any subsequent contract or agreement ends. Any content and ideas presented while shooting for Orange Photography should also be treated as proprietary information and is not to be shared online or offline without express written consent.
10. Exclusivity: Talent understands that he/she represents Orange Photography and not any other business while completing assignments for Orange Photography. While directly working for Orange Photography, Talent will not advertise his/her own business, will not solicit work for him/herself, and will only distribute Orange Photography’s materials, business cards, and name. Talent is not bound by an exclusivity contract when not working directly for Orange Photography. Talent may pursue other photographic work for him/herself or other studios so long as it shall not infringe upon the Orange Photography’s client base.
11. Orange Photography has put in place preventative measures to reduce the spread of COVID-19; however we cannot guarantee that you will not become infected with COVID19. Further, engaging in shoots could increase your risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19. By attending this and future shoots the exposure to infection could cause personal injury, illness, permanent disability, and death.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself, illness, damage, loss, claim, liability, or expense of any kind that I may experience or incur in connection with my attendance and participating in these shoots. I hereby release, discharge, and hold harmless Orange Photography, its employees, agents, and representatives from all claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating to this or any future shoot. I further agree to alert Orange Photography if I become ill with COVID-19 as soon as possible.
12. Talent agrees to dress appropriately as shoots require (typically all black business casual - no jeans).
13. Payments made via check must be deposited within 45-days of check date, otherwise Orange Photography is not liable for any NSF (non-sufficient funds) or other bank fines/penalties.
14. Damage/Loss of Equipment: If Orange Photography equipment is used for a shoot or borrowed for personal use, any damage outside of normal wear and tear will be entirely the Talent's responsibility and may be taken out of future payments if required for reimbursement.
15. Indemnification: Talent shall indemnify and hold Client harmless from any loss or liability arising from performing services under this Agreement. Talent must obey and follow all local and national laws during performance of duties for Orange Photography and is liable for any penalties, fines, etc. incurred by violating such laws.
If the above reflects your understanding, please sign below to reflect your agreement to the above terms and your intention to be bound hereby.