Amped and Photographer agree to the following terms and conditions governing the provision
by Photographer to the Amped of photographs for use by the Amped. All photographs provided
by Photographer to Amped pursuant to this Agreement shall be deemed to be “works made for
hire” as that term is defined in Section 101 of the United States Copyright Act (17 US Code,
1. Term. This Agreement shall be effective as of 8/23/2023 until 9/4/2023 and, unless earlier
terminated by either party in accordance with paragraph 7, below, shall remain in effect for the duration of the event.2. Delivery of Photographs. Photographer shall take, and shall deliver to Amped, such
photographs as are requested at the time of final payment.
Photographer shall exercise his/her independent judgment and skill in determining how best to
take photographs of the highest technical quality and visual appeal.3. Ownership. All photographs taken and delivered to Amped pursuant to this Agreement
shall be deemed works made for hire, as described above, and the Amped shall be sole owner of
the photographs and of all rights, including copyrights, in such photographs. Photographer shall
execute all documents, and perform such other acts, as Amped may deem necessary to secure for
Amped all such ownership rights. Amped hereby grants a nonexclusive license to Photographer
to use, reproduce and publish the photographs in connection with advertising or marketing of
Amped. In its sole discretion, Amped may credit Photographer as the creator in
connection with Amped’s use of the photographs created pursuant to this Agreement.4. Payment and Taxes. Amped shall pay Photographer an amount to be agreed upon
between Amped and Photographer for specific assignments during the term of this Agreement.
Amped will not pay or withhold Federal, state or local income or other payroll taxes on behalf of
Photographer. Photographer shall report and pay all applicable taxes.5. Photographer’s Warranty. Photographer warrants that s/he has authority to enter into,
and to be bound by, this Agreement, that the photographs provided to Amped pursuant to this
Agreement will not infringe any copyrights or other intellectual property rights, will not contain
libelous or unlawful matter, and will not violate the privacy rights of any individual.
Photographer agrees to indemnify and hold harmless Amped against any claims or losses
resulting from or caused by Photographer’s violation of the terms of the preceding sentence.6. Use of Amped Name/Trademarks. Photographer shall not use Amped’s name or
trademarks in any advertising, marketing or other promotional materials without Amped’s
express written prior consent to each specific use. Notwithstanding the foregoing, Photographer
may list the Amped in a client list or personal resume.7. Termination. This Agreement may be terminated at any time upon 10 days written
notice by either party to the other.8. Miscellaneous. This Agreement is the entire agreement between the parties and may not
be amended except by a writing signed by both parties. This Agreement shall be governed by,
and construed and enforced pursuant to, Arkansas law. The relationship of Photographer to
Amped pursuant to this Agreement shall be that of independent contractor. Photographer shall
not be deemed to be an employee of Amped for any purpose. The provisions of sections 3, 5
and 6 shall survive the termination of this Agreement.