This Agreement is made between PIQLS.COM ("Company") and a photographer ("Contractor").
Contractor agrees to complete photography and/or video assignments (the "Assignments") requested by Company for its users according to the Terms and Conditions mentioned below.
This Agreement is effective starting the moment Contractor agreed to receive Assignments by submitting their information on Company website http://piqls.com
and covers all future Assignments provided to Contractor by Company.
Company may provide Contractor with Assignments to perform photography or video sessions requested by Company users. After Contractor agreed to fulfill an Assignment, she or he is responsible for arriving at the location provided in the Assignment at the time provided in the Assignment, perform a photography session for the Company user according to Company standards, transfer the results (photos and/or videos) to the Company representative and the user.
In exchange for successful completion of each Assignment, Company users will pay the
Contractor after the Assignment has been fulfilled. Company is not responsible for facilitating payments.
Terms and Conditions
1. Contractor agrees and acknowledges that this Agreement does not create an employment relationship with Company, nor does it make the Contractor a partner, co-venturer or agent of Company for any purpose. Company will not provide any employee benefits or insurance to Contractor nor will Company withhold any federal, state or local taxes, FICA. Medicare or workers compensation. Contractor accepts sole responsibility for such taxes and payments and agrees to indemnify Companyfor any losses or claims arising from Contractor's failure to pay such taxes, including attorneys' fees.
2. Contractor acknowledges and agrees that all works created and developed in whole or in part as a result of, or ancillary to, this Agreement will be considered "works made for hire" as that term is defined in Section 101 of the Copyright Act (17 U.S.C. §101) and all right, title and interest in such works shall be the exclusive property of Company. Upon request, Contractor shall sign all documents necessary to confirm the exclusive ownership of Companyto all such works. Contractor is not permitted to retain a copy of such works completed by Contractor for all Assignments provided by Company, and must not use images for promotional reasons without Company permission. Contractor must obtain Studio's written permission to use an image/video or images/videos for an advertisement in any print or electronic medium. Contractor shall not "tag" (or otherwise associate with) any works and/ or images of Studio's clients, event guests, vendors or venues on Facebook or any similar online service. Contractor is not permitted to show, display, give, sell or otherwise transfer any images taken during the Assignment event to Studio's client, event guests, event vendors or to the event venue or representatives of the venue. If any client, guests, vendor or venue representative requests to see, display or purchase the images, Contractor must direct such client, guest, vendor or venue representative to Company and notify Company of such request.
3. Contractor acknowledges that, during his or her completion of this Agreement, Contractor may be exposed to certain confidential information, including, but not limited to, customer and prospect lists. Contractor agrees not to disclose any of this information to any third party, nor shall Contractor use such knowledge to its own advantage either during the term of this Agreement or any time thereafter by, for example, soliciting Studio's customers, clients or prospects.
4.In the event that an Assignment is cancelled, Companywill provide notice to the Contractor as soon as practicable and Company shall be liable for payment to Contractor in accordance with the following schedule: If Company cancels the Assignment less than 5 hours in advance of the Assignment time then the Companyis responsible for full payment of the Assignment Pay to Contractor. The Company reserves the right to remove the Contractor from an Assignment without the Contractor or Company being held liable for payment if the Company determines that the Contractor's role in the Assignment jeopardizes the chances of completing a successful Assignment. Misconduct, poor performance on past assignments, failure to respond to Company requests, and other factors as determined by the Studio'ssole discretion can result in removal of the Contractor from the Assignment.
5. Contractor 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 Agreement.
6. Contractor waives any rights to recovery from Company for any injuries that Contractor may sustain while performing services under this Agreement that are a result of or arise out of the acts of Contractor, Contractor's employees or agents, or third parties.
7.Contractor may not assign or delegate any of its rights or responsibilities under this Agreement to a third party.
8. Waiver of any term of this Agreement by either of the parties shall not be considered a continuing waiver.
9. Any modification of this Agreement must be in writing and signed by both parties.
10.This Agreement constitutes the full Agreement of the parties.
12. If any provision of this Agreement is declared invalid, then the remainder
of the Agreement will remain in force.