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VI. Retainer. The Client is: (check one)
☐ - To pay a retainer in the amount of $__________ to the Photographer as an advance on future Services to be provided ("Retainer").
☐ - Retainer is Refundable.
☐ - Retainer is Non-Refundable.
☐ - Not required to pay a retainer before the Photographer is able to commence work.
VII. Inspection of Services. Any Compensation shall be subject to the Client inspecting the completed Services of the Photographer. If any of the Services performed by the Photographer pursuant to this Agreement are defective or incomplete, the Client shall have the right to notify the Photographer, at which time the Photographer shall promptly correct such work within a reasonable time.
VIII. Return of Property. Upon the termination of this Agreement, all property provided by the Client, such as props, or other items must be returned by the Photographer. Failure to do so may result in a delay in any final payment made by the Client.
IX. Time is of the Essence. Photographer acknowledges that time is of the essence in regard to the performance of all Services.
X. Confidentiality. Photographer acknowledges and agrees that all financial and accounting records, lists of property owned by Client, including amounts paid, therefore, client and customer lists, and any other data and information related to the Client’s business is confidential (“Confidential Information”). Therefore, except for disclosures required to be made to advance the business of the Client and information which is a matter of public record, Photographer shall not, during the term of this Agreement or after its termination, disclose any Confidential Information for the benefit of the Photographer or any other person, except with the prior written consent of the Client.
a.) Return of Documents. Photographer acknowledges and agrees that all originals and copies of records, reports, documents, lists, plans, memoranda, notes, and other documentation related to the business of the Client containing Confidential Information shall be the sole and exclusive property of the Client and shall be returned to the Client upon termination of this Agreement or upon written request of the Client.
b.) Injunction. Client agrees that it would be difficult to measure damage to the Client's business from any breach by the Photographer under this Section; therefore, any monetary damages would be an inadequate remedy for such breach. Accordingly, the Photographer agrees that if he/she/they should breach this Section, the Client shall be entitled to, in addition to all other remedies it may have at law or equity, to an injunction or other appropriate orders to restrain any such breach, without showing or proving actual damages sustained by the Client
c.) No Release. Photographer agrees that the termination of this Agreement shall not release him/her/they from the obligations in this Section.
XI. Taxes. Photographer shall pay and be solely responsible for all withholdings, including, but not limited to, Social Security, State unemployment, State and Federal income taxes, and any other obligations. In addition, Photographer shall pay all applicable sales or use taxes on the labor provided and materials furnished or otherwise required by law in connection with the Services performed.
XII. Independent Contractor Status. Photographer acknowledges that he/she/they are an independent contractor and not an agent, partner, joint venture, nor an employee of the Client. Photographer shall have no authority to bind or otherwise obligate the Client in any manner, nor shall the Photographer represent to anyone that it has a right to do so. Photographer further agrees that in the event the Client suffers any loss or damage as a result of a violation of this provision, the Photographer shall indemnify and hold harmless the Client from any such loss or damage.