These Work Order Terms and Conditions (the “Work Order Terms”) govern all Work Orders between [Photographer Name and Address] (“Photographer”) and [Client Name and Address] (“Client”) for photography services (“Services”). Both Client and Photographer, who use the Platform to offer and purchase services, agree to abide by these Work Order Terms along with the Client Terms of Use (for the Client) and the Photographer Terms of Use (for the Photographer) (collectively, the “Platform Terms”).
Please review these Work Order Terms in their entirety. By executing this agreement, you agree to be legally bound by these terms and conditions. If you do not accept any of the terms and conditions, do not execute these Work Order Terms or submit or accept a Work Order.
Services
The Photographer is an independent professional engaged in providing photography services for individuals and entities, including Clients seeking such services through Kcaptured’s website and software platform (the “Platform”). The manner and method of performing the Services are under the sole control and discretion of the Photographer. The Photographer is considered an independent contractor, not an employee or agent of the Client. The Photographer will determine the manner of performing the Services and will provide all necessary equipment and cover associated costs unless otherwise stated in the Work Order.
Independent Contractor Status
The Photographer operates as an independent contractor. No agreement shall be construed to create an employment, partnership, joint venture, or agency relationship. The Photographer confirms that they possess the necessary skills and experience to perform the Services without Client-provided training or direction. The Photographer is responsible for all business expenses, including any equipment malfunctions and related costs. The Photographer will manage any employees or subcontractors and is responsible for all related taxes and employment costs.
Travel
If the Photographer needs to travel to/from a Client location, Kcaptured is not liable for any travel-related expenses or liabilities.
Client Payment and Billing
The Photographer will be paid as stated in the Work Order, with Kcaptured charging a fee for using the Platform (the “Platform Fee”), which will be deducted from the amounts payable to the Photographer. The Platform Fee may vary based on the Work Order’s value. No additional fees or compensation will be provided unless agreed upon in writing.
Termination of a Work Order
Either party may terminate the Work Order (i) after providing agreed-upon notice or (ii) immediately upon the end date specified, upon completion of the Services, in the event of a material breach, or with mutual consent. Client remains obligated to pay for Services provided prior to termination.
Confidential Information
Confidential Information includes any information marked “confidential” or disclosed orally and confirmed in writing within 10 days. Confidential Information does not include information that is public, already known to the Recipient, obtained from a third party, or independently developed. Both parties agree to hold Confidential Information in strict confidence and use it only as necessary to perform obligations under these Work Order Terms. The Photographer may disclose Confidential Information to their personnel with a similar confidentiality agreement.
Legal Obligations
If required by law or court order, Confidential Information may be disclosed, provided the Discloser has an opportunity to intervene or review the disclosure, and the disclosure is limited to what is required.
Remedies
Each party acknowledges that monetary damages may be inadequate for breaches of confidentiality and agrees that injunctive relief may be sought in addition to other available remedies.
Defend Trade Secrets Act
Photographer and Client acknowledge the rights under 18 U.S.C § 1833(b)(1) to disclose trade secrets for reporting suspected violations of law or in legal proceedings.
Photographic Content and Intellectual Property
The Photographer assigns all rights to the photographs and related intellectual property to Kcaptured. Upon full payment, Kcaptured will assign the rights to the Client. Clients grant Kcaptured a non-exclusive, worldwide, royalty-free license to use the photographs for marketing and advertising. Photographers may request limited use of photos for their portfolio with prior consent from both Kcaptured and the Client.
General
These Work Order Terms are governed by the laws of the jurisdiction in which the Photographer provides the Services. These terms are binding and benefit the parties and their successors and assigns. Any waiver or failure to exercise a right does not create a continuing waiver. This Work Order, along with the Work Order Terms, constitutes the entire agreement between the Client and Photographer. These terms survive the completion or termination of any Work Order.
Kcaptured prohibits any photos of the session or subject(s) taken by anyone other than the assigned Kcaptured photographer. Unauthorized photos may result in session termination, forfeiture of session and photos, and banning from future use of Kcaptured’s services.
CLIENT
By:
Name:
Title:
Date:
PHOTOGRAPHER
By:
Name:
Title:
Date:
WORK ORDER
Photographer will provide the following services to Client in exchange for payment:
- Services for Client: Photography Session
- Rate or Amount of Payment for Client: Complimentary 30-minute session (a $100 or $150 prepay may be required for multiple bookings and/or prior purchases of $100 or less). Client is also subject to late fees, late cancellation fees, and no-show fees.
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Services for Client: Retouched Photos
- Rate or Amount of Payment for Client: $30 per photo, $220 for 10 photos, or $350 for the full digital gallery.
- Total Amount to be Paid to Photographer: $70 per shooting hour.
- Method of Payment: The money will be paid by direct deposit on a monthly cycle, which will be processed on the first day of each month.
- Date or Timing of Payment: First day of each month.
All Work Order Terms and Conditions are incorporated by reference into this Work Order and made a part of it.