Europe’s Best Destination Photographers
Come and meet some of our talented photographers across Europe.
2. Work to be Performed
3. Job Alerts
4. The Brief
5. Conduct of Photo Shoot
6. Review of Photographs
7. Ownership of Photographs
8. Use of Photographs
9. Use of Portfolio Images
11. Independent Contractor Status
12. Term and Termination
16. Confidentiality/ Nondisclosure
17. Governing Law
This Freelance Photographer Agreement describes the legal relationship between Oaksbury Hill Inc trading as TripShooter, (hereinafter called “TripShooter”) and you, the Freelance Photographer (hereinafter called “Photographer”).
Upon applying to become a TripShooter Freelance Photographers, the Photographer agrees to this Freelance Photographer Agreement as the contents of your legal relationship with TripShooter.
1.1. “TripShooter” means TripShooter and its parent companies, subsidiaries and affiliates.
1.2. “Photograph” or “Photographs” means collectively any photography, graphics, digital assets or digital images created or taken by the Photographer in any media in the course of a Photo Shoot and delivered to TripShooter in accordance with the terms of this Agreement.
1.3. “Photo Shoot” means an appointment arranged by TripShooter between the Photographer and a Client for the purposes of the Photographer taking Photographs of Clients.
1.4. A “Brief” is a communication between a TripShooter point of contact and the Photographer communicating all required information for the Photographer to complete the Photo Shoot and such other information communicated between the parties about the Photo Shoot set out in clause 4.
1.5. “Client” or “Clients” means collectively any people who request and pay for a Photo Shoot with a Photographer at one of TripShooter’s advertised locations around the world.
1.6. “Website” means www.tripshooter.com and associated websites, including but not limited to social media accounts.
1.7. “Portfolio Image” or “Portfolio Images” means collectively any photography, graphics, digital assets or digital images in any media provided to TripShooter by the Photographer, which the Photographer has taken or created himself or herself, and for which the Photographer holds active copyright, that was not taken in the course of a TripShooter Photo Shoot.
1.8. “Effective Date” means the date on which the last signature is endorsed on this Agreement to make the Agreement legally binding against both parties.
1.9. “Job Alert” is a preliminary alert to Photographers of a potential Photo Shoot with details of the time and place of the proposed Photo Shoot.
2.1. TripShooter may provide a Brief to the Photographer from time to time for the purposes of a Photo Shoot.
3.1. On receiving a Client request for a Photo Shoot through its Websites, TripShooter will send a Job Alert to potential Photographers.
3.2. The Job Alert is not a guarantee that a Photo Shoot will be given to any Photographer. It is not a Photo Shoot. It is communicated solely for the purpose of TripShooter determining which Photographers are available to perform the Photo Shoot.
3.3. If the Photographer receives a Job Alert and wishes to be considered as a candidate for the Photo Shoot, the Photographer must respond to TripShooter within 24 hours of TripShooter sending the Job Alert, indicating whether they would like to be considered for the Photo Shoot.
3.4. Following receipt of expressions of interest by Photographers to the Job Alert, TripShooter will choose a successful Photographer who TripShooter believes will best meet the Client’s specifications and project brief set out in the Photo Shoot. TripShooter will then communicate the decision to all Photographers who responded to the Job Alert.
3.5. TripShooter will provide the successful Photographer with a Brief.
3.6. TripShooter’s choice of a suitable Photographer is entirely at its sole and unfettered discretion. Photographers have no right to appeal any decision made by TripShooter and may not dispute such decisions, and TripShooter is not obliged to provide reasons for any of its decisions.
4.1. For each Photo Shoot engagement, the Photographer and TripShooter shall agree via email or otherwise on the following details with respect to each such engagement:
5.1. TripShooter requires that the Photographer deliver Photographs that are of a similar quality and nature as the sample photos displayed on the Website (“the TripShooter Style”).
5.2. Notwithstanding paragraph 5.1 above, the manner and method of creating any Photographs is solely at the discretion of the Photographer and TripShooter has no right to control the Photographer’s manner and method of performance under this Agreement.
5.3. To the extent that the Photographer reproduces the image or likeness of any person or the property of another person during a Photo Shoot, the Photographer represents and warrants that all necessary releases have been procured and secured in writing and the Photographer shall produce such releases to TripShooter promptly on request. The Photographer indemnifies TripShooter for any claim any Client or other third party brings against TripShooter for the Photographer’s breach of this clause.
6.1. The Photographer will use his or her best efforts to:
6.2. TripShooter may reject the Photographs if:
6.3. In the event that TripShooter rejects one or more of the Photographs, it may request that the Photographer present new Photographs that meet the TripShooter Style outlined in this Agreement, and any other quality considerations communicated by TripShooter to the Photographer (acting reasonably) and/or the Brief. In this event:
7.1. The Photographer retains his or her copyright in all Photographs produced by the Photographer.
7.2. The Photographer disclaims all moral rights in the Photographs.
8.1. In providing TripShooter with Photographs, the Photographer grants TripShooter an irrevocable, perpetual, worldwide, transferable, sublicensable, royalty-free, exclusive license to reproduce, distribute, publicly display and otherwise use all Photographs in the following ways:
8.2. The license rights granted in paragraph 8.1 above shall vest in TripShooter upon the Photographer’s delivery of any Photograph.
8.3. TripShooter will seek to, but will have no obligation to, use the Photographer’s name, likeness, actual or paraphrased statements and biography (including professional credits) to identify the Photographer as the creator of a Photograph and/or as a Photographer contracted by TripShooter. TripShooter may remove copyright management information embedded in any Photograph.
8.4. The Photographer represents and warrants that:
8.5. The Photographer will indemnify, defend and hold harmless TripShooter and its parent companies, affiliates and subsidiaries from and against all third party claims, actions, liabilities, damages, costs and expenses (including without limitation legal fees) of any kind arising out of:
9.1. On entering into this Agreement, the Photographer additionally agrees to provide TripShooter with a sample of 5-10 Portfolio Images, clear of any watermarks or borders, to be used on the Photographer’s Profile and Portfolio appearing on the Website.
9.2 In providing TripShooter with Portfolio Images, the Photographer additionally grants TripShooter an irrevocable, perpetual, worldwide, transferable, sublicensable, royalty-free, exclusive license to reproduce, distribute, publicly display and otherwise use all Photographs in the following ways:
9.3. The Photographer represents and warrants that:
9.4. The Photographer will indemnify, defend and hold harmless TripShooter and its parent companies, affiliates and subsidiaries from and against all third party claims, actions, liabilities, damages, costs and expenses (including without limitation legal fees) of any kind arising out of:
10.1. TripShooter shall pay into the Photographer’s account a flat fee in USD, according to the following Schedule as total compensation for each Photo Shoot:
“Postcard Shoot” Package, 30 mins shooting time, 20 photos – Photographer’s compensation is $100 USD*
“Local Experience” Package, 1 hour shooting time, 40 photos – Photographer’s compensation is $150 USD*
“Special Occasion” Package, 2 hours shooting time, 80 photos – Photographer’s compensation is $250 USD*
* Less any transaction or currency conversion fees.
10.2. TripShooter is not responsible for any fees, including Paypal fees, banking fees or currency conversion fees, which may be automatically deducted from the amount by third parties before the Photographer receives the final sum.
10.3. In accordance with the schedule outlined at paragraph 10.1 above, TripShooter will deposit into the Photographer’s account the cumulative sum of all Photo Shoots performed in the month, less any amounts paid to the Photographer in cash at the Photo Shoot for time extensions, on a month-by-month basis, by the 10th day of the following month.
11.1. The parties agree that the Photographer is an independent contractor, and that neither the Photographer nor the Photographer’s employees or contracted personnel are, or shall be deemed to be, employees of TripShooter.
11.2. In its capacity as an independent contractor, the Photographer agrees to and represents the following:
14.1. Should any of the paragraphs in this Agreement be void or unlawful, these terms and conditions shall be read and enforced as if the void or unlawful term had been deleted.
15.1. The parties agree that copies of this Agreement (including copies of any signatures) that are reproduced or transmitted via e-mail, portable document format (PDF) or electronically receipted fax transmissions will be equivalent to original documents.
15.2. The parties consent to receiving communications in electronic form, and agree that all Briefs, information, agreements, notices, disclosures and other communications that are provided between TripShooter and the Photographer satisfy any legal requirement that such communications would satisfy if they were in writing.
16.1. The Photographer agrees that for the duration of this Agreement and any time thereafter, he or she will keep secret and not without TripShooter’s written consent divulge to any person, persons or company any written knowledge, trade secrets, confidential information or other information about TripShooter’s property, finance, affairs or business which may come to the Photographer’s knowledge during his or her contractual relationship with TripShooter, including but not limited to this Freelance Photographer Agreement, client records, pricing, compensation, terms of business, products and services, development of new products and services, sales and marketing plans, tenders, market research data or costing information.
16.2. The Photographer is liable for any loss or damage incurred by TripShooter as a result of any breach of paragraph 16.1 above.
17.1. This Agreement shall be governed, interpreted and enforced in accordance with the laws of the state of Illinois, United States of America. Any claim or litigation arising out of this Agreement or its performance may be maintained only in courts physically located in Illinois and the parties hereby consent to the personal jurisdiction of such courts.
Come and meet some of our talented photographers across Europe.