Second Shooter Agreement
This agreement is between Katharine Setterfield of K Setterfield Photography, referred to as the Photographer, and an independent contractor whose name and address appears above, referred to as the Contractor.
1. Assignment: The Contractor agrees to work as a second shooter, on a per wedding basis. The Contractor’s role is entirely secondary to the primary shooter (or Photographer) and will be under the artistic direction of the Photographer. The Photographer will own and retain the copyright to all images taken by the Contractor. All culling, processing, and editing of the images will be made at the Photographers discretion. Images posted in association with the wedding, whether taken by the Photographer or the Contractor, will be presented under the Photographer’s brand. (See Copyright and Image Use).
2. Independent Contractor: The 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 Contractor further agrees to be responsible for their federal and state taxes, withholding, Social Security, insurance and all other benefits. The Contractor shall have no claim against K Setterfield Photography 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. Memory Cards: When possible/compatible, the Photographer will provide primary-slot memory cards to the Contractor. The Contractor agrees to hand over all memory cards before leaving the event and may keep the secondary/backup slot memory cards. If the Photographer is not able to provide cards to the Contractor, the Contractor is expected to use their own cards during the wedding and handed over to the Photogarher. Any Contractor-owned cards will be downloaded and mailed back to the Contractor within five business days.
4. Copyright: The Contractor agrees the images are owned by K Setterfield Photography and will be used under the Photographer’s brand for any purposes in which the Photographer sees fit in association with the wedding, including: gallery delivery, social media posts, any print products, etc. The Photographer will not tag or credit the Contractor as he/she is being hired to represent the Photographer’s brand for the event. The Contractor agrees not to sell any image taken during a contracted event from the studio to any person, company, group, advertising agency or otherwise without the Photographer’s express written permission. Under no circumstances may the Contractor claim ownership or rights to the images taken on the wedding day as the client relationship and all images curated from the day were a direct result the partnership between K Setterfield Photography and the clients/event. (See Image Use).
5. Image Use: The Photographer grants the Contractor permission to use his/her own images taken during a contracted event for the Contractor’s print portfolio, website or blog, with their own edits provided all of the following conditions are met:
The Contractor must wait until AFTER the Photographer delivers the full gallery to the clients and posts the event on social media before posting (Note: The Studio will provide a wedding gallery link to the Contractor once delivered to the client).
Under NO circumstances can images taken by a second shooter, but NOT selected for the client gallery be used for the purposes listed above without expressed written permission by the Photographer
Under NO circumstances can the Contractor tag tag the couple, guests, or vendors from the wedding day in their image use
All images used in the Contractors portfolio or social media pages should include a statement “photographed for K Setterfield Photography”
6. Business Representation: The Contractor is not permitted to promote his or her own business during the wedding. This includes networking with clients, guests, or other vendors. If requested, only the Photograher’s business information should be given out.
7. 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 the Photographer and are privileged and confidential information. The Contractor agrees not to reveal this information to anyone, nor to use this information to the detriment of the Photographer, including to circumvent or to undercut sales.
8. Liability: The Contractor warrants that he/she will perform when booked for a photographic 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.” The Photographer is not liable for any loss or damage to the contractor’s equipment under this contract.
9. Equipment: The Contractor is responsible for providing all of his/her own equipment with which to complete the assignments.The Photographer requires that weddings be photographed in RAW format with an in-camera backup to a secondary memory card.
10. Wedding Day Conduct: Contractor will appear in professional attire appropriate for a wedding and will not be late unless it is an act of God.
11. Breaks/Meals: One 15 minute break is allowed every four hours, and when applicable, a meal will be provided during the reception, under the Photographer’s contractual agreement with the client.
12. Payment: Will be arranged on an individual basis for each contractor. Payment will be a base hourly rate, depending on their experience level and the assignment. Typical number of hours is 5-8.
13. Gear Prep prior to the wedding:
Photos should be shot in RAW only - never JPG. JPG’s will be considered unusable, and will result in loss of pay.
Camera’s date and time settings should be synced across all cameras (both Photographer and Contractor)
Two memory cards should be used in each camera and assigned a “back up” role (both cards recording in RAW). Images lost on a single memory card with no backup will result in a loss of pay.
14. Responsibilities:
Support the Photographer, as needed.
Helps the lead stay on track of timeline and shot lists
Capture alternate views of key moments i.e. first look and bridal procession.
Should never be shooting so close to the lead photographer that subjects become distracted and don’t know where to look.
Captures alternate locations, moments, details that the lead can not otherwise get to. i.e. Bride and groom are getting ready in separate areas.
Serves as an "insurance policy" in the event something should happen to the Photographer, his/her gear or should an act of God prevent the Photographer from completing their duties. (In which case a fair compensation will be negotiated).
Stays out of the lead's shot as best as possible
Takes behind-the-scenes photos/videos of the lead at work, when there is opportunity.
15. Timeline and Shottlist: The Photographer promises to provide clear communication to the Contractor as to the wedding day timeline and shotlist, well in advance.
16. Safety and Security: Per the Photographer’s contractural agreement with the couple, our team is to be treated with respect at all times. If at any point the Contractor feels harassed, pressured, or unsafe, they will bring it to the Photographer’s attention at once so it can be addressed.
17. Compensation: Contractor shall be paid $(Contract amount) upon successful transfer of all digital files to Photographer.
18. Retainer: The Photographer recognizes the Contractor is reserving this day for this purpose and is offering a Retainer in the amount of ____as an act of good will. This amount will be applied toward the total payout for the assignment. If for any reason, the Contractor fails to appear or perform, this retainer must be refunded, in addition to any other Liabilities incurred by the Photographer for their absence. (Section 8).