SHOOTER CONTRACT
TERMS AND CONDITIONS
This Contract is made and entered into as of the date of all signatures affixed below by and Stride Creative, an Independent Contractor whose name and address appears above, and the Videographer/Photographer whose name and address appears above (further referred to as “SHOOTER”). The SHOOTER will provide, by way of Sub-contract, to Stride, the following services including, but not limited to, videography, photography, audio recording, uploading video & audio files to selected websites (designated by Stride, delivering video & audio files to Stride Creative via mail, etc. These services will be provided by SHOOTER to Stride for the business of Videography/Photography and/or other selected events designated by Stride. After confirmation of SHOOTER's availability, Stride has concluded both SHOOTER and Stride are available to perform and provide these services or projects presented before said, SHOOTER. This agreement guarantees the presence of SHOOTER at said event/project listed in this contract. It has also been determined that the SHOOTER is available and qualified to perform such a function.
1. Position. The SHOOTER agrees to work with Stride Creative as a work-for-hire Independent Contractor providing videography/photography services.
2. Duration. The effective term of this Contract will begin upon signing by both Stride and the SHOOTER. This Contract shall conclude upon the SHOOTER’S completion of duties under the Contract.
3. Equipment. The SHOOTER is responsible for providing all necessary equipment and assistance for the entire duration of the job in order to perform said job (unless given by Stride). This includes necessary professional Video/Photo Camcorder or DSLR camera (or equivalent), backup DSLR camera (or equivalent if necessary), lighting equipment (if necessary), batteries and backup batteries, multiple media cards. This list is in no way a summary of all necessary equipment. It is the responsibility of the SHOOTER to provide the correct equipment based on the location of the event, weather on the date of the event, and other necessary factors. Before all contracted shoots, SHOOTER is responsible for ensuring all equipment has been pre-cleaned and in good working condition. Stride Creative is not liable for any damage done to the SHOOTER’S equipment. Stride IS NOT required to replace or repair any equipment damage that may occur to the SHOOTER’S equipment during the course of the event.
4. Video/Photo & Audio File Delivery. SHOOTER is responsible to deliver all video footage & audio files captured from the event to Stride within 5 days of the event via one of the following methods: a) Upload all files to the Stride designated Internet Site (Wetransfer, Google Drive, etc) b) Mail or ship USB to Stride designated office c) Hand-deliver digital files on USB to Stride designated area that will be mutually agreed upon by both parties. If all video and audio files are not delivered to Stride within 5 days of the event, then SHOOTER agrees to a 20% reduction in the agreed-upon compensation as stated in this agreement.
5. Payment. In exchange for successful completion of this assignment and when SHOOTER delivers all video/photo & audio files as set forth above, and services are deemed completed by the Stride management, payment will be made within 5 days after all files are received. Stride Creative agrees to pay the SHOOTER, in the manner or method agreed upon. The amount of hours worked are not to exceed the hours listed in this agreement, unless agreed upon by Stride Management and bride/groom of event as set forth by this agreement.
6. Storage of Video & Audio Files. SHOOTER agrees to store a usable copy of all of the files from said job for a minimum of 14 days from the date of the event, or until Stride approves file deletion.The SHOOTER is NOT allowed to be compensated for any footage taken during the contracted event to any person, company, group, and advertising agency or otherwise.
7. Copyright & Reproduction Rights. This assignment is a work-for-hire job; as such Stride will obtain copyright ownership of all works created by the SHOOTER at the event pursuant to this agreement. All works created at the event will be returned to Stride through the specific procedure hereby defined. The SHOOTER agrees that they will not be forced to credit, in any way, the contracted videographer/photographer(s) who also worked at the Event. Stride Creative obtains all copyrights of works produced and must be correctly credited. SHOOTER may request permission to post specific clips, which Stride may approve or decline.
8. Confidentiality. The SHOOTER acknowledges that by engaging in an Independent Contractor relationship with Stride, the SHOOTER will potentially obtain access to Stride Creative’s clients, client lists, business plan, business model, and other sources of confidential information. The SHOOTER agrees and acknowledges that such confidential information is important to the business of Stride and will not misappropriate any knowledge gained during the term of engagement for the SHOOTER’S own commercial or other purposes.
The SHOOTER agrees that during the entire term of the assignment, and for a period of one year from the conclusion of the assignment, the Contractor will abide by the following provisions:
(a) The SHOOTER certifies by signature he/she will not attempt to directly or indirect solicit any of Stride’s customers or prospects in any way. Furthermore, SHOOTER will not attempt in any way to influence the purchasing of services by Stride’s customers or prospects at any time. This includes, but is not limited to, attempting to convince Stride’s customer or prospect to terminate a contract with Stride Creative and hire said SHOOTER privately. If it is determined that the aforementioned has happened, the SHOOTER is responsible for all monies not collected by Stride pertaining to the amount of this contract with said party or $5000, whichever is greater.
(b) The SHOOTER will not disrupt, impair, interfere, or hinder the business of Stride Creative in any manner, including, but not limited to, soliciting, inducing, or attempting to solicit or induce any employee, vendor, client or business from severing their relationship with the Videographer/Photographer.
(c) The SHOOTER will not utilize any business model, business plan, client list, or other confidential information obtained by Stride in the course of the engagement, for the SHOOTER’S own business.
9. Professionalism and Behavior.
SHOOTER agrees to introduce themselves only as "An Associate Shooter for Stride Creative" and NOT in any way promote their own business or brand.
SHOOTER agrees to have a professional appearance during the event and to treat Stride customers with courtesy and politeness. Restricted attire will include but is not limited to: denim, cargo pants, yoga pants, tank tops, shorts, casual t-shirts, low-cut blouses, athletic shoes, sandals, hats, wrinkled or unlaundered clothing, visible body piercings (with the exception of earrings and nose ring). SHOOTER agrees not to possess, consume, purchase or sell alcohol or an illegal drug during the event date. Furthermore, SHOOTER shall not be under the influence of alcohol, impairing drugs, or any illegal drugs while performing duties for this event. An “illegal drug” is a drug or controlled substance which is (1) not legally obtainable, or (2) legally obtainable, but not obtained or used in a lawful manner.
10. Travel. SHOOTER is responsible for all travel expenses to and from the event; unless agreed upon, in advance of said event. All exceptions must be in writing and bear the signature of a Stride Executive. SHOOTER also states he/she is in possession of a valid driver’s license to travel henceforth between said locations required on date of event.
11. Relationship. Nothing herein shall be deemed to constitute a partnership or joint venture between the SHOOTER and Stride Creative. This agreement does not commit Stride to the traditional role of employer. In entering into this Contract, and in providing services pursuant hereto, the SHOOTER has and shall have the status of an Independent Contractor and nothing herein contained shall contemplate or constitute an agent or employee relationship and neither Stride nor the SHOOTER shall have any authority to bind the other in any way. Stride Creative is not responsible for the payment of withholding taxes, unemployment insurance, worker's compensation insurance, social security, pensions, retirement fees, licenses, or other fees. Such costs are the responsibility of the SHOOTER.
12. Liability. The SHOOTER warrants that he/she will perform when booked for a videography/photography assignment, and that he/she is liable for any loss or other financial liability due to failure to perform other than a documented medical emergency or an “Act of Nature”. Stride is not liable for any loss or damage to the SHOOTER’S equipment under this Contract. SHOOTER agrees to defend, indemnify, and hold harmless Stride and its employees or agents, from any and all claims arising from the services performed or products produced under (or related to) this agreement.
13. Assignment. The SHOOTER may not assign or delegate any of its rights or responsibilities under this Contract to a third party.
14. Insurance. The SHOOTER certifies that he or she has business liability insurance and malpractice insurance (or its equivalent) in an amount sufficient to cover any foreseeable damages related to its performance of this Contract.
15. Failure to Perform. This agreement is the entire agreement between the parties and supersedes any prior oral or written agreement related to this matter between the parties. If SHOOTER fails to perform said work, after this contract is signed, as outlined, SHOOTER will not receive the payment amount specified. Stride Creative will not hold SHOOTER responsible for acts of God, acts of terrorism, war, serious illness, serious injury, death of immediate family, or other indemnify acts that would prevent SHOOTER from completing work outlined in this contract.
16. Cancellation. In the event that an assignment is canceled, Stride Creative will provide notice to the Contractor as soon as practicable.
17. Indemnification. Stride shall be held harmless for any and all injury to the SHOOTER during the course of the videography event and the immediately surrounding events.
18. Arbitration. Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Stride office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $200. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
19. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, 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.
20. Miscellany. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract. Any actions or claims against Stride Creative under this agreement must be in accordance with and are controlled by appropriate state/federal law as amended. SHOOTER agrees to adhere to said law of state by which he/she is performing said services. This Contract shall be governed by the laws of the State of Texas. SHOOTER agrees that he/she is not, in any way, restricted from crossing state lines, to perform said services. The parties hereto agree that (a) the laws of the state where services are performed shall govern this Agreement, (b) any questions arising hereunder shall be construed according to such laws, and (c) this Agreement has been negotiated and executed in the state of which services will be provided and is enforceable in all courts.
21. Acknowledgement and Understanding of Terms. The SHOOTER certifies by signature he/she is legally entitled, and in good faith, enters into this contract. The SHOOTER agrees that they have read and fully agree to the terms above.