Service Agreement for Contractors For Miller Wedding 2023


THIS GENERAL SERVICE AGREEMENT (the "Agreement") is dated this day of

Client:

Matt Miller & Sabrina Weldy of 901 E. Fremont Street Ste 115 Las Vegas NV 89101

Contractor:

Name:  

Phone:  

Email:  

BACKGROUND
  • The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.
  • The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:

SERVICES PROVIDED
  • The Client hereby agrees to engage the Contractor to provide the Client with the following services (the "Services"):
    • Wedding/Group trip photography and videography as outlined in corresponding shot sheet to the best of the contractors ability; and
    • General assistant and service/assistant tasks.
  • The Services will also include any other tasks which the Parties may agree on. 
  • The Contractor has been hired to: 

TERM OF AGREEMENT
  • The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term may be extended with the written consent of the Parties.
PERFORMANCE
  • The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
CURRENCY
  • Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).
COMPENSATION
  • The Contractor will charge the Client for the Services as follows (the "Compensation"):
    • The client will pay for accommodations, flights, food, and transportation, totaling an estimated amount of $2600 USD per person for the dates October 20-29th 2023.

Added By Contractor: 

REIMBURSEMENT OF EXPENSES
  • The Contractor will be reimbursed from time to time for reasonable and necessary expenses incurred by the Contractor in connection with providing the Services.
  • All reimbursable expenses must be pre-approved by the Client.
CONFIDENTIALITY
  • Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.

Under no circumstance should the contractor share details of their contract, arrangement or deals made with the client to any party of the team or attendees of the trip.

  • The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
  • All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.
OWNERSHIP OF INTELLECTUAL PROPERTY
    • All intellectual property and related materials, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design, and trade name (collectively referred to as the "Intellectual Property"), that are developed or produced under this Agreement shall be considered the property of the contractor.
    • The contractor grants the client an exclusive, irrevocable, worldwide, royalty-free license to use, reproduce, modify, distribute, publicly display, and publicly perform the captured images and videos, without any restrictions or limitations, for any purpose deemed necessary by the client. The client shall have the right to sublicense these rights to third parties, if necessary.
    • The client agrees to provide image credit for any images or videos posted on Instagram, Facebook, and YouTube. Image credit shall be given in the form of linking to the contractor's profile, website, and/or name.

    ›

    • The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. The Contractor will be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property.
RETURN OF PROPERTY
  • Upon the expiration or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information that is the property of the Client.
CAPACITY/INDEPENDENT CONTRACTOR
  • In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Contractor during the Term. The Contractor is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Contractor under this Agreement.
AUTONOMY
  • Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision-making in relation to provision of the Services in accordance with the Agreement. The Contractor will work autonomously and at the direction of the Client. However, the Contractor will also be responsive to the reasonable needs and concerns of the Client.
EQUIPMENT
  • Uniform: All Black attire, no, logos or patterns. Dresses, and pants/shirt combos are both considered appropriate attire. A Uniform is asked to be worn during all working hours to maintain a professional appearance.
  • Except as otherwise provided in this Agreement, the Contractor will provide at the Contractor’s own expense, any and all tools, machinery, equipment, raw materials, supplies, work-wear and any other items or parts necessary to deliver the Services in accordance with the Agreement.
NOTICE
  • All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:
    • Matthew Miller - 901 Fremont St, Suite. 115 Las Vegas,NV 89101
    • Sabrina Weldy - 901 Fremont St, Suite. 115 Las Vegas,NV 89101

or to such other address as either Party may from time to time notify the other, and will be deemed to be properly delivered (a) immediately upon being served personally, (b) two days after being deposited with the postal service if served by registered mail, or (c) the following day after being deposited with an overnight courier.

INDEMNIFICATION
  • Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
Expected Deliverables:

 

  • If the contractor fails to meet expectations or fails to provide adequate service the client is entitled to compensation in the form of financial reimbursement of up to the total of the entire cost accrued by the contractor. This includes but is not limited to the cost of travel, accommodation, flights, and meals. 
ADDITIONAL CLAUSE

If the contractor fails meet outlined expectations or to provide adequate service the client is entitled to compensation in the form of financial reimbursement of the entire cost accrued specifically by the contractors.(eg. food, transportation, accommodations, flights) Failure to meet outlined expectations or to provide adequate service would be defined as a failure complete the following: Expectations Showing up on time Being alert and present each day ( sober) fully ready to work. With a goal of hitting all shots on the shot list with consideration of the style sheet In attendance equipped with all the necessary gear.

STYLE RELEASE

The client has spent a satisfactory amount of time reviewing Contractor’s work and has a reasonable expectation that Contractor’s Services will produce a reasonably similar outcome and result for the Client. The contractor will use reasonable efforts to ensure the Client’s services are carried out in a style and manner consistent with Contractor’s current portfolio and services, and Contractor will try to incorporate any suggestions Client makes. However, the Client understands and agrees that: 

  1. Every client and final delivery is different, with different tastes, budgets, and needs;  Photography and videography is a subjective service and the Contractor is a provider with a unique vision, with an ever-evolving style and technique.
  2. The contractor will use her personal judgment to create favorable results for the Client, which may not include strict adherence to the Client’s suggestions;
  3. Dissatisfaction with the Contractor’s independent judgment or individual management style is not a valid reason for termination of this Agreement or request of reimbursement of contractor costs (eg. food, transportation, accommodations, flights)
CANCELLATION POLICY

If the event is canceled, no portion of the fees paid to the Contractor will be returned. If an event is canceled less than 2 months before the date, a 2nd payment will be required to compensate for hours of service already rendered and the loss of the event date. If the event is postponed, services contracted can be applied to a new date if available (refer to Postponement Policy).

FORCE MAJEURE

Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party that materially affects the performance of Services, such as an act of God (fires, explosions, earthquakes, hurricanes, natural disasters, pandemics, flooding, storms or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

Appropriate Conduct/ Safe Working Environment:

The Client(s) expressly agree(s) to take best efforts to provide Contractor and Contractor staff with safe and appropriate working conditions. In the event of circumstances deemed by either Contractor or a witness to present a threat or implied threat of injury or harm to Contractor staff or equipment, the Contractor reserves the right to cancel up to all services remaining under this Agreement and leave the event. At the Contractor’s discretion, the Contractor may enact a three-strike policy. After the first offense, the Contractor will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), the Contractor shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder of the event, and Contractor shall resume work in accordance with the original terms of this Agreement. If the behavior occurs a third time, the Contractor has the right to leave the event. If the Contractor leaves the event early due to any offending behavior, the Client(s) expressly agree to relieve and hold the Contractor harmless as a result of incomplete event coverage, or for a lapse in the quality of the Contractor’s work, and the Client(s) shall be responsible for any cost accrued upon the contractor in order to relocate to a safe location. (e.g.Transportation, Accommodations, ETC.)

LIABILITY

It is understood that the Contractor is only liable for services completed and provided by the Contractor and cannot be held liable for the services of other contracted Vendors. It is understood that in no event shall the Contractor be liable for consequential damages of any kind.

ASSUMPTIONS TO THE RISK AND RELEASE:

I recognize that there are certain inherent risks associated with the event's activities and I assume full responsibility for personal injury to myself an (if applicable) my family members, and further release and discharge Beth Sweitzer Photography LLC and Bethany Sweitzer and Hannah Neville for injury, loss, or damage arising out of my or my family's use of or presence upon the activities of Beth Sweitzer Photography, LLC and Bethany Sweitzer or Hannah Neville, whether caused by the fault of myself, my family, Beth Sweitzer Photography LLC and Bethany Sweitzer, Hannah Neville or other third parties.

MODIFICATION OF AGREEMENT
  • Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing and signed by each Party or an authorized representative of each Party.
TIME OF THE ESSENCE
  • Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
ASSIGNMENT
  • The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
ENTIRE AGREEMENT
  • It is agreed that there is no representation, warranty, collateral agreement, or condition affecting this Agreement except as expressly provided in this Agreement.
ENUREMENT
  • This Agreement will ensure the benefit of and be binding on the Parties and their respective heirs, executors, administrators, and permitted successors and assigns.
TITLES/HEADINGS
  • Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
GENDER
  • Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
GOVERNING LAW
  • This Agreement will be governed by and construed in accordance with the laws of the State of Nevada.

 

SEVERABILITY
  • In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

 

WAIVER
  • The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

 

IN WITNESS WHEREOF

the parties hereto have executed this Agreement as of the date first written above, thereby acknowledging and agreeing to be bound by its terms and conditions."

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Document name: Service Agreement for Contractors For Miller Wedding 2023
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June 30, 2023 11:52 pm PDTService Agreement for Contractors For Miller Wedding 2023 Uploaded by Sabrina Weldy - gtw702@gmail.com IP 174.68.188.134
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