Photographer Contractor Agreement

of

Agreement

Between Keyy Productions Pty. Ltd. of Sydney, New South Wales (hereinafter called 'the Employer') of the One Part

 

And  

(hereinafter called 'the Contractor') of the Other Part

Agreement

Between Keyy Productions Pty. Ltd. of Sydney, New South Wales (hereinafter called 'the Employer') of the One Part

And  xxxx Name of Contractor xxxx of xxxx Address of Contractor xxxx (hereinafter called 'the Contractor') of the Other Part

 

Whereas

a) The Employer carries on the business of creating online video content & photography for businesses and brands and has offered the Contractor work as an independent contractor and not an employee of the Employer. 

b) The Contractor is duly qualified and insured and has agreed to work for the Employer upon the Terms and Conditions following.

c) The Employer wishes to ensure that the Contractor maintains absolute confidentiality of all information concerning the Employer, Keyy Productions.

 

In this agreement

d) ‘confidential information’ shall be deemed to mean all information which is confidential to the Employer including (but not limited to) trade secrets, intellectual property, marketing ideas, agreements, information concerning the market within which the Employer operates, the Employer’s products, services, prices, processes, ideas, financial information, client lists and client information, plans and forecasts concerning the Employer’s performance or likely future activity, and any other information which is confidential to the business affairs of the Employer or its clients and which is not in the public domain.

e) ‘media’ shall be deemed to mean all media files created or recorded during work with Keyy Productions, including but not limited to audio recordings, video footage, still images, animation, and graphic design.

f) ‘project commitment’ is an email sent to the Contractor by the Employer, to engage the Contractor in work for a particular project.

g) ‘photographer briefing’ is a link sent to the Contractor by the Employer, containing all relevant creative and technical details for the project.

Any breach of this agreement by the contractor 

h) Will entitle the Employer to recover compensation from the Contractor for any loss or damage suffered by the Employer directly or indirectly as a result of that breach.

It is hereby agreed

Nature and period of service

i) The Employer will employ the Contractor who will faithfully and to the best of his/her skill set serve the Employer as a photographer from the date hereof until determined by Keyy Productions and/or the aforementioned Contractor.

j) 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 Employer's sole discretion to terminate this Agreement at any time without cause.  The Contractor understands that he/she is not eligible to participate in any of employee benefit programs, including pension, profit sharing, health care, holiday pay, sick pay, or any other fringe benefit plan.  The Contractor acknowledges and agrees that Employer is not responsible for payment of workers’ compensation insurance since the relationship is that of an independent contractor.  (It is highly recommended that the Contractor get his/her own policies of business insurance since the Employer is not responsible for maintaining insurance coverage for independent contractors.)

 

Remuneration

k) The Employer will pay the Contractor, during the continuance of this employment, an hourly, half-day (being 4-5 hours) or full-day (being 6-9 hours) rate, as agreed upon from time to time, and upon receipt of an invoice from the Contractor;

 

l) The Employer will not withhold Superannuation and Medicare taxes from Contractor’s payments or make Superannuation and Medicare tax payments on Contractor’s behalf.

Termination

m) The Employer may terminate this Agreement at any time by giving written notice to Contractor.

n) With reasonable cause, the Contractor may terminate this Agreement effective immediately upon giving written notice to the Employer.

 

The Contractor may terminate this Agreement for any reason by giving thirty (30) days written notice to the Employer. The Contractor may not terminate any Project Commitment prior to completion of that project, without Employer’s consent.

 

Contractor's obligations and conduct

o) During the period of his/her employment hereunder, the Contractor shall:

1. observe and conform to all the instructions and usual practices of the Employer in creating photography content;

2. ensure he/she has complete insurance coverage; the Employer is not liable for any loss or damage to the Contractor’s equipment or person;

3. commit to the entirety of the project, as outlined in the agreed upon in the Project Commitment; his/her commitment to the project must be via email to the Head of Production. 

4. adhere to all obligations outlined in the Photographer Onboarding Agreement;

5. endeavour to fulfill all project details and requirements, to the best of his/her ability, as specified in the Photoographer Briefing for the project and upon agreement of the Project Commitment; failure to complete an accepted project may result in the recovery of compensation of the Employer from the Contractor, at the Employer’s discretion;

6. arrive at each shoot at the agreed and scheduled time, and no later, and work in an efficient manner; failure to do so will result in a reduced Contractor fee for the shoot as decided by the Employer;

7. provide a minimum of 48 hours notice to Employer if unable to attend a scheduled shoot; failure to do so may result in the recovery of compensation of the Employer from the Contractor, at the Employer’s discretion;

8. present himself/herself in clean, professional attire, maintain absolute professionalism and politeness and never consume or be under the influence of alcohol during Keyy Productions  shoots and always while on the premises or in the vicinity of the Employer’s client,

9. ensure that utmost safety precautions are taken at all times; when on set without a Producer, give a clear and efficient safety talk to client and all involved parties;

10. advise Employer if he/she is approaching or looking to exceed the agreed upon hours required for this project, and not proceed without approval from the Employer;

11. never promote his/her own video or photography company or private services to any Keyy Productions client or interested party at any time; 

12. utilise his/her own equipment unless otherwise specified by the Employer, and agreed upon in advance;

13. back up all media on personal computer or hard drive and keep all media files until confirmation is received from the Employer that files may be deleted;

14. be responsible for delivering the raw media files, as specified in the project brief, within the agreed upon timeframe; failure to do so may result in the recovery of compensation of the Employer from the Contractor, at the Employer’s discretion. 

15. work with Employer to be as efficient, timely, helpful and communicative as possible in delivering the media files to the Employer; failure to do so may result in the recovery of compensation of the Employer from the Contractor at the Employer’s discretion;

16. fulfill all directions and requests of the Employer when required, and not at any time, except in case of illness or other unavoidable cause, absent himself/herself from the service of the Employer without the Employer's previous consent;

17. not disclose any confidential information, professional secrets or any information with respect to the Employer, or to the clients of Keyy Productions, the practice or affairs, or any directions given to him/her by the Employer; 

18. not sell or share any image taken during a project for the Employer to any person, company, group, advertising agency or otherwise;

19. not make available to any person, company or organisation any information concerning the Employer, Keyy Productions, or their business systems, products, marketing, service, prices, arrangements, sales, clients or any aspect of the Employer's business unless specifically authorised in writing by the Employer;

20. keep and render to the Employer true and just accounts of all time spent, all shoots attended and any other business completed by him/her for the Employer; and of all moneys he/she shall receive or pay on the Employer's account;

21. not use professional contacts made during the Contractor’s duration of employment with Keyy Productions for his/her own or any other person or organisation’s benefit without Keyy Productions’ prior written consent; the Contractor must refer any new business opportunities that arise out of Keyy Productions’ activities to the Employer;

22. not incur any debt on behalf of Keyy Productions; the Contractor is not incur any charge without the approval of the Employer.

 

Contractor's obligations following period of employment

p) Following the period of his employment hereunder the Contractor shall:

1. not disclose any confidential information, professional secrets or any information with respect to the Employer, or to the clients of Keyy Productions, the practice or affairs, or any directions given to him/her by the Employer;

2. not use professional contacts made during the Contractor’s duration of employment with Keyy Productions for his/her own or any other person or organisation’s benefit without Keyy Productions’ prior written consent;

3. promptly return all property belonging to the Employer, including any cameras, lenses, film, image files, memory cards and other equipment or supplies; computers, office supplies, files or any other physical or digital items owned by the Employer that are in the possession of Contractor.

 

Please upload A Public Liability Certificate of Currency here. Without this we cannot engage you in work for Keyy Productions. 

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By selecting 'agree' you are agreeing to the above conditions.

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