Classic Photographers / Rustic Wedding Pictures
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Freelance Agreement/ Memo of Understanding (UNITED STATES) - between Classic Photographers
(henceforth referred to as Classic), and yourself, {{DJ_name}} (henceforth referred to as the DJ).
Profile/Unavailable Dates
Classic agrees to feature the DJ's profile, (consisting of interview video, images, bio, and head shot) for twenty-four months from today's date of the 'featured DJ' section of www.classicphotographers.com.
The DJ agrees to keep Classic fully updated on all unavailable dates during this same time period. DJ is to keep Classic informed of any Friday, Saturday, and Sunday dates they become unavailable for for twenty-four (24) months from date of signing via updating their unavailability in the PBM as soon as possible. Failure to keep Classic updated 100% accurately on unavailable dates will be considered negligence under the terms of this contract if DJ refuses booking for a date that they had not informed Classic they were unavailable for which is within their general Dj radius. DJ understands that even if there is a long period of time that they have not received new contracts that Classic has not stopped marketing them and needs to be kept 100% up to date on their availability.
Compensation
Classic agrees to pay DJ $50/hour.
Overtime Policy/Hours Worked
The amount of hours worked will not exceed the hours listed in DJ's contract unless agreed upon by the client at the wedding. Fifteen (15) minutes before the end of the DJ's contracted time they are to notify the bride that her contracted time is almost up, and they are to let her know they are happy to stay additional time at a cost of $150/hour, and that Classic will bill the client accordingly after the wedding. The client is to be charged by the hourly fee for whatever increment of time DJ stays extra - there is no splitting this fee based on time stayed. DJ will receive their appropriate share of the additional time at the pay rate stated above, not to exceed $50. Please note you are not allowed to leave if the bride asks you to stay, no matter the reason.
Payment
After the wedding, you will be instructed to submit for payment inside of the Classic Photographers PBM application. Payment will be paid via PayPal Mass Payments with no fee to the contractor. 1099 will be avaiable January 31st of each year and can be downloaded from paypal.
Distance/Travel Compensation
The DJ agrees that Classic will be marketing them in their perspective area at a beginning default of a 100 mile radius from the home location that DJ provided on their original application. This number can be changed after hiring. Classic agrees to compensate DJ 56 cents per mile for travel costs, when DJ is traveling to a wedding that is over 50 miles one way from DJ's set home location. For example, if DJ books a wedding that is 60 miles one way from their home location, DJ will receive 20 miles of paid travel compensation, adding up to $11.20 provided by Classic.
Communication
DJ agrees to return all calls and emails to brides WITHIN TWENTY-FOUR (24) HOURS. DJ also agrees to follow the listed procedures with being in contact with their bride:
● Thank you for booking call - The DJ will call the bride within twenty-four (24) hours of receiving the new booking. DJ will thank the client for booking with them. When this is completed, DJ is to fill out a short form to let Classic know that the thank you call was completed.
● Check-in call - Ten (10) days before the wedding the DJ is to call the client and review client's Wedding Day Worksheet (which is emailed to the DJ as soon as it is completed by the bride). DJ will confirm the number of hours that the bride is contracted for in her package, and review a timeline of the wedding. If the bride wants to add more hours to her package, DJ will oblige and inform her extra hours are available at a cost of $199/hour. If client chooses this option to add overtime, DJ is to notify Classic of this change so the bride's contract can be added to. Once completing this call DJ is to fill out the 'check-in call completed' form (in dashboard) so that Classic knows the call has been done.
DJ Negligence
If DJ fails to show up to the wedding to perform their duties as outlined in this memo and their contract, or DJ arrives drunk, under the influence or drugs or illegal substances, or performs other acts of gross negligence at the wedding, then DJ is to be responsible for reimbursement of $5000 or cost of wedding as outlined in the contract, whichever is greater, to Classic. Classic will not hold the DJ responsible for acts of God (including for example, illness, car accident, things that prohibit them from providing their contractual duty but are not things they could have controlled), acts of terrorism, war, or other indemnifying acts that would prevent the DJ from completing work as outlined in this memo or the contract for each wedding.
DJ is not permitted to "cancel" on an event or any contract whatsoever. Attempts to "cancel" on a booking with a signed contract in place is considered DJ negligence in terms of DJ's contracts and this document, and Classic Photographers can hold the DJ liable for a fee of $5,000 as a result. DJ agrees their contracts represent booked dates they will attend. Should DJ be physically unable to to appropriately perform their job, they are to notify Classic Photographers staff immediately. This policy is enforced on a case by case basis, and DJ's will only be allowed to be excused from a booking in cases of illness, broken bones, serious injury, car accident, or any other uncontrollable act of God as deemed worthy of an excused absence from a booking. Medical documentation including a signed note from a medical professional stating that DJ is unfit to photograph the event is required for all excused absences from bookings.
Non-Competition
While both parties agree that the DJ is freelance and not an employee, both parties agree that Classic makes a substantial effort to market the DJ in their market area.
DJ CAN book themselves directly and market themselves as their own brand and wedding DJ during their employment with Classic, and can work outside from Classic during their time of employment with Classic. HOWEVER, DJ agrees that should they receive a booking from Classic, that DJ is not to offer direct services outside of Classic to the customer. Classic handles all aspects of the booking and failure to understand this or attempts to take a client that Classic recruited is breach of this contract.
Ethics
DJ agrees that while performing duties for Classic that they will, in NO WAY, solicit their personal and/or private business/brand/company while on Classic paid time. While this contract is a NON-EXCLUSIVE one with Classic, DJ will NOT distribute literature bearing the information of their personal business/brand/company. This includes, but is not limited to, business cards, photography cards, and brochures, and any other literature that DOES NOT bear the company name/info of Classic. DJ will not wear apparel with any personal branding for a business/brand/company that is not Classic. Violation of this portion may result in DJ's service no longer being used by Classic in the future.
DJ will not 'friend' the bride on their personal or professional Facebook account.
DJ agrees that any engagement session or wedding referrals as a result of shooting a wedding for Classic are solely a potential customer of Classic. DJ will be liable monetarily for each referral, which is unethical to be taken as a result of working on a Classic event.
Rules of Conduct
Dress Code: DJ MUST be dressed professionally. NO jeans/denim, NO flip-flops, NO sneakers, NO T-shirts, no articles of clothing that is overly flashy. DJs should not wear white or red!
Self-Promotion: DJs are NOT allowed to promote themselves or their personal businesses at any time to a Classic customer or to any client or guest at a Classic booked wedding.
Cell Phone: DJs WILL NOT use their cell phones to text while working at a wedding for Classic. It does not present a proper image of DJ or Classic to the client! All phones MUST be on silent, vibrate, or be shut off.
Alcohol and Controlled Substances: DJs WILL NOT use or consume any drugs, alcohol, or controlled substances at a Classic wedding or event even if you are off the clock and the clients approve such use.
DJs will not chew gum or smoke at a Classic wedding or event.
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