3.1 Non-discrimination
In order to provide equal opportunity to all individuals, engagement decisions at Yellow Paddle will be based on merit, qualifications, abilities, and attitude. Yellow Paddle does not discriminate in opportunities or practices because of race, color, religion, sex, national origin, age or disability.
Yellow Paddle will make reasonable accommodations for qualified individuals with known disabilities unless doing so would result in an undue hardship. This policy governs all aspects of contracting, including selection, engagement assignment, compensation, discipline, termination, and access to training.
Independent contractors with questions or concerns about discrimination while under contract with Yellow Paddle are encouraged to bring these issues to the attention of their Directors. Independent contractors can raise concerns and make reports without fear of reprisal. Anyone found to be engaging in unlawful discrimination will be subject to disciplinary action, including termination of his or her contract.
3.2 Non-disclosure/confidentiality
The protection of confidential business information, client’s personal information and independent contractor’s personal information is vital to the interests and success of Yellow Paddle. Such confidential information includes but is not limited to the following examples:
Compensation data
Financial information
Marketing strategies
Pending projects and proposals
Proprietary production processes
Personnel/payroll records
Conversations between any persons associated within the company
Speaking poorly of or about Yellow Paddle Photography, anyone employed by Yellow Paddle Photography, or about Yellow Paddle Photography’s practices to clients or Yellow Paddle Photography contractors or staff.
Breaking the exclusivity clause all contractors agree to by signing the contract. The contractor is NEVER under any circumstances allowed to garner personal business by cutting down the reputation of Yellow Paddle, or trying to persuade current Yellow Paddle clients to do business outside of Yellow Paddle Photography.
Independent contractors who improperly use or disclose confidential business information will be subject to disciplinary action, including termination of contract and legal action, even if they do not actually benefit from the disclosed information.
3.3 New contractor orientation
Orientation is a formal welcoming process that is designed to make the new independent contractor feel comfortable, informed about the company and prepared for their position. Independent Contractor orientation is conducted as needed and includes an overview of the company history, an explanation of the company core values, vision, mission, company goals and objectives. In addition, the new independent contractor will be given an overview of benefits, tax information, legal issues, and any necessary paperwork.
Independent contractors are presented with all codes, supplies and procedures needed to be successful during their contracted season. During orientation all contractors will have a chance to review their assignment description, hear the company’s evaluation procedures and receive procedural instruction.
3.4 Contract terms and alterations to contract length
Once under contract, the independent contractor is legally required to remain in contract for the time stated on the contract. During this time Yellow Paddle has the right to terminate the contract for reasons described in section 3.13 and 3.14.
If the Independent Contractor requests to alter their contract length they must submit their request in writing. Upon approval, the Independent Contractor must sign a new contract reflecting the updated length of their contract. Upon receiving the new contract all terms and conditions including payment will apply for all unfulfilled work. To qualify for a Veteran Contract, 15 months have to be completed and the Independent Contract has to be in good standing. If an Independent Contractors availability does not reflect the contract terms in which he/she signed, Yellow Paddle has the right to adjust the contract to reflect the correct availability which could result in adjustments to the payment per event.
3.5 Hours
Yellow Paddle cannot guarantee bookings or hours to any one contracted photographer. If a photographer should be booked for a wedding, all required hours for the event will be discussed with and decided on by the client. Yellow Paddle requires at least one photographer/client meeting after a Primary photographer has been booked for a wedding- this will be at the contracted photographers discretion and scheduling must occur prior to the week of the scheduled event. At different times throughout the year, Yellow Paddle will conduct staff meetings to which attendance is required. Yellow Paddle also asks that since daily hours are not required with the company, that the independent contractor remain available through phone and e-mail in order to stay in consistent communication with Yellow Paddle.
3.6 Meal / break periods
It is stated in the Yellow Paddle contract that all independent contractors are to be provided with a meal and a place to sit during any wedding booked during which a meal is served. The client is not responsible for any dietary restriction. If you have said restrictions, please consider bringing your own meal. During this time, the photographer’s camera needs to be in reach and the photographer to remain ready to photograph should a reception event begin. This meal period does not mean that the photographer is done working; it simply provides a short break to rest and refuel.
If the photographer has unexpected personal business to attend that arrises during a contracted event they must notify their Yellow Paddle director immediately and expect to make provisions for the client as necessary. Personal business should be conducted on the photographer’s own time. Independent contractors who do not adhere to the meal/break policy will be subject to disciplinary action.
3.7 Independent Contractor Files
Independent contractors’ personnel files include the following: job application, job of services, resume, compensation data, records of disciplinary actions, and documents relating to performance reviews, coaching, and mentoring given.
Independent contractor files are the property of Yellow Paddle, and access to the information is restricted. Management personnel who have a legitimate reason to review the file are allowed to do so with permission.
3.8 Contractor data changes
It is the responsibility of each independent contractor to promptly notify their Yellow Paddle supervisor of any changes in personnel data such as:
• Mailing address
• Telephone numbers
• E-mail address
• Schedule and availability changes
• Emergency Contact Information.
An independent contractor’s data should be accurate and current at all times.
3.9 Cancelations and Rescheduling Advance Payments
At times, emergencies such as severe weather, fires, power outages, cold feet, and family tragedies can cause an event to be disrupted or even cancelled. The decision to change the date of, or cancel an event is left to the client. If and when a decision is made, the directors of Yellow Paddle will inform the contracted photographer immediately. If there is a cancelation onsite, it is the photographers responsibility to alert a director immediately before leaving the contracted event.
If an event is cancelled within 60 days prior to the event date and the contractor cannot be rebooked, the independent contractor will be compensated for the work they would have performed at the cancelled event. If a contract is canceled due to the event not being completed due to act of God, strikes or other labor disturbances, severe weather conditions of any type, riots or civil disturbances, action or requisition by any local, state or federal governmental unit or agency, any event considered a force majeure, or any other event or act outside the control of Yellow Paddle or its employees, then Yellow Paddle Photography is not liable to pay the independent contractor any compensation for work that would have be preformed on that date.
If a contracted photographer receives and accepts 3 or more rescheduled events in a single calendar month, they can elect to receive 50% of their payment on the original due date of the images and collect the remaining 50% of the payment upon the completion of images on the rescheduled due date. If the photographer elects to receive this advance payment, they must alert a director and seek approval prior to recording their advancement on basecamp.
3.10 Performance reviews
Yellow Paddle may conduct performance reviews on a contracted photographer’s performance at any time deemed necessary by Yellow Paddle. If the contracted photographer would like to set up a time to receive an elective performance review, please let the photographer manager or director know.
Performance reviews are designed for the supervisor and the contractor to discuss his/her current job tasks, encourage and recognize attributes and discuss purposeful approaches for meeting work-related goals. Together, the contractor and supervisor discuss ways in which the contractor can accomplish goals or learn new skills.
3.11 Obtaining contracts
Independent contractors of Yellow Paddle will obtain contracts by the client selecting their personal work based off of the contractor’s submitted portfolio and experience. Yellow Paddle does not guarantee a minimum number of contracts for our contracted photographers. Our company does reserve the right to not show your portfolio based on workload, performance, or factors we believe would inhibit your ability to perform.
3.12 Outside employment
Independent contractors may hold outside jobs in related or non-related businesses or professions as long as the photographer meets the performance standards of their job description with Yellow Paddle. All time off needed for other employment must be marked on the calendar. All standard photographers must adhere to their monthly weekend requirements.
Yellow Paddle’s equipment and materials are not to be used for outside employment or personal use unless previously cleared with a Yellow Paddle supervisor.
3.13 Corrective action
Yellow Paddle holds each of its contractors to certain rules and standards of conduct (see Section 4). When a contractor deviates from these rules and standards Yellow Paddle Director will take corrective action.
Corrective actions include a warning, a second warning accompanied by probation and finally- termination of contract. In deciding which initial corrective action would be appropriate, a Director will consider the seriousness of the infraction, the circumstances surrounding the matter and the contractor’s previous record.
If a photographer is placed on probation, the following actions may include but are not limited to the list below. Probation guidelines will be determined based on the situation.
*All appointments, engagements, weddings and completed work must be preformed in a timely and excellent manor.
*Any requests to be removed from additional weddings for personal reasons will not be tolerated and will result in immediate forced resignation.
*Request to be removed from a schedule event due to illness or other acceptable reason (see manual) will require documentation. This may include a doctors note or bill or other documentation in association with the event.
*The photographer will be removed from the website and will not be shown for new clients during the probation period.
*For events that are scheduled during the probation period, clients will be notified of the probation and can elect to change photographers.
*No additional work will be assigned to the photographer (engagement sessions, 4 hour second photography work) unless deemed by Yellow Paddle as a step toward establishing good standing with the company.
Yellow Paddle considers certain rule infractions and violations of standards as grounds for immediate termination of contract. These include but are not limited to: theft in any form, insubordinate behavior, vandalism or destruction of company or client property, failure to show up at contracted events, untruthfulness of personal injury or sickness, tardiness, untruthfulness about personal work history, skills, or training, divulging Company business practices, and misrepresentations of Yellow Paddle to a customer, a prospective customer, the general public or another contractor.
3.14 Contract termination
Termination of a contract is an inevitable part of personnel activity within any organization and many of the reasons for termination are routine. Below are examples of the most common circumstances under which a contract is terminated:
Resignation – voluntary contract termination initiated by the contractor.
Termination – involuntary contract termination initiated by Yellow Paddle.
Resignation: If a contractor wishes to terminate their contract (resign) they are required to give written notification of termination in writing to Yellow Paddle Photography. Resigning does not release the contractor from contracted events, but removes the contractor from receiving additional events. Once a resignation has been submitted a contractor, who for reasons under their control, may request (see section 6.3) to be removed from contracted bookings, are subject to a re-scheduling fee of $100 per event. The contractor is also liable for any loss or any other financial liability suffered by Yellow Paddle Photography, due to a failure to perform their contracted duty. Any outstanding financial obligations owed to Yellow Paddle Photography will also be deducted from the contractor’s final check. If liabilities associated with a canceled contract are still pending, all funds owed to the contractor will be held till the matter is resolved with the client. Monies owed to Yellow Paddle Photography will be communicated to the contractor in writing and must be paid within 14 days. Failure to do so will result in legal action.
Any contractor who resigns or is terminated from Yellow Paddle Photography shall return all files, records, and any other materials that are property of Yellow Paddle Photography including any images that are due. No final settlement of a contractors pay will be made until all items are returned in appropriate condition. Furthermore, any outstanding financial obligations owed to Yellow Paddle Photography will also be deducted from the contractor’s final check.
3.15 Safety
Each independent contractor is expected to obey safety rules and exercise caution and common sense in all work activities. Contractors must immediately report any unsafe conditions to the client. Contractors who violate safety standards, cause dangerous situation or remedy such situations, may be subject to disciplinary action.
In the case of an accident that results in injury, contractors should notify a Yellow Paddle Director.
3.16 Health related issues
Independent contractors, who become aware of any health-related issue, including pregnancy, should notify a Yellow Paddle Director immediately, especially in the event that this would keep the contractor from fulfilling any scheduled events. This policy has been instituted strictly to protect the photographer.
Written “permission to work” from the photographer’s doctor may be required at the time or shortly after notice of a health-related issue has been given. The doctor’s note should specify whether the photographer is able to perform regular duties as outlined in his/her job description.
3.17 Independent contractor requiring medical attention
In the event an independent contractor requires medical attention, whether injured or becoming ill at work, the photographers needs to contact a Yellow Paddle Director as soon as possible. If an emergency arises requiring Emergency Medical Services to evaluate the injury/illness of an independent contractor at an event, the independent contractor will be responsible for any transportation charges. Furthermore, no contractor of Yellow Paddle will be responsible for transportation of another contractor due to liabilities that may occur.
3.18 Billable expenses and liability
As agreed, the independent contractor will assume financial responsibility for any generally applicable expenses related to each project. The contracted employee must maintain all personal equipment. Yellow Paddle is not liable for any equipment damaged, lost or stolen.
All reimbursement requests must be submitted to Yellow Paddle with receipts. Yellow Paddle will review each reimbursement request, but reserves the right to reject any request. Reimbursements will be included in the contracted photographer’s next regular paycheck. Receipts for reimbursement are required and should be posted in the specific project on basecamp.
Any approved reimbursements such as parking fees, permits etc. must be submitted for reimbursement before submitting the completed images. Any fees that are not submitted following these guidelines are the responsibility of the photographer.
3.19 Supplies, expenditures, & obligating the company
Only authorized persons may purchase supplies in the name of Yellow Paddle. No independent contractor whose regular duties do not include purchasing shall incur any expense on behalf of Yellow Paddle or bind Yellow Paddle by any promise or representation without written approval.
3.20 Mileage, driving routes and parking
All Independent Contractors are required to provide their own reliable transportation to and from each event. Independent contractors must be aware of which areas the client has indicated or provided for them to park while working an event. Yellow Paddle is not responsible for any parking tickets, toll fees, or other fines incurred from unnecessary or longer routes taken.
You will receive $.75 per mile beyond the 40 miles from Denver according to google maps one way (over 80 miles round trip).
If you have a question about your reimbursement, please contract a director- do not change your reimbursement yourself through BaseCamp.
Travel fee’s apply to any contracted Yellow Paddle Event including but not limited to, client meetings, engagement sessions and weddings.
If the starting or ending location of an event is 40 miles from Denver (one way) according to google maps, you will qualify for a travel fee. If you qualify for a travel fee you will receive $.75 per mile beyond the 40 miles from Denver according to google maps one way (over 80 miles round trip). Travel fees will be calculated roundtrip from the farthest location (starting or ending location). Miles driven during your contracted time do not qualify for travel fee reimbursement.
If the client asks to do your final meeting at their venue or another location that is more than 40 miles from Denver, we are happy to collect a travel fee from them and distribute it directly to you. You will receive $.75 for every mile beyond the 40 from Denver (over 80 round trip). In order to receive this, you must let us know at least 3 days in advance so that we can properly communicate this with the client and collect said funds. If you have not alerted us within three days of your meeting with the client, you forfeit the right to travel compensation for that particular meeting. This policy also applies to engagement
If an event is over 100 miles from Denver one way you qualify for additional travel compensation. The new mile rate will be $1.00 per mile beyond the 40 miles from Denver according to google, one way (80 miles round trip).
Travel fee’s apply to any contracted Yellow Paddle Event including but not limited to, client meetings, engagement sessions and weddings.
Travel Fee Examples:
No Travel Fee Example 1: If a wedding is 35 miles from Denver one way,
No travel fee because it falls with in 40 miles of Denver proper
Standard Travel Fee Example : If a wedding is 60 miles from Denver one way
60 miles – 40 miles (non travel fee qualifying miles) = 20 miles one way qualifying for a travel fee
Since the miles are under 100 miles the fee is .75
20 miles x .75 =$15 travel fee one way
$15 X 2 (round trip)= $30 total travel fee
Long Distance Travel Fee Example: If a wedding is 145 miles from Denver one way
145miles – 40miles (non travel fee qualifying miles) = 105 miles qualifying for a travel fee.
Since the qualifying miles are over 100 miles the fee is $1.00 per mile
105 X $1= $105 travel fee One Way
$105 X 2 (round trip) = $210 total travel fee
3.21 Lodging
Photographers may qualify for lodging fee. Only one lodging fee will be given per event per photographer.
There are two ways to quality for a lodging fee.
Weddings that require a photographer to be traveling and working continuously for more than 14 hours will be provided an additional $100 to accommodate lodging needs.
Events that require a photographer to be traveling before 6am or after 1am to Denver Proper according to google will quality for a $100 as a lodging fee. Drive time will be determined according to google maps.
3.22 Permits
Many public locations in Colorado require a photography permit. If you’re photographing at a location that requires a permit, the photographer is required to insure that a permit is obtained. If the permit is not obtained, then Yellow Paddle is not liable for any repercussions. Below is the general outline receiving assistance from Yellow Paddle in obtaining permits:
We instruct photographers who need a permit to open a basecamp message to both Directors. If they forget, the photography Director can open one for the group.
The Photographer can let the team know what location is in question, and if they would prefer to obtain the permit or they prefer the couple to. Please note- some locations require that the photographer specifically fill out the permit. If this is the case there is a $10 fee + the permit price that will be applied to the final wedding balance.
The Directors can ask any clarifying questions needed to the photographer.
At this point Yellow Paddle will alert the couple that a permit is required. Please note Permits can take up 5-10 business days to obtain, depending on the locations processing.
Client Director will let the photographer know through the basecamp message that client has been notified of the permit requirements.
If the couple comes back and the permit is required to be completed by the photographer, The Director will post that information
3.23 Visitors while working
Only visitors previously authorized by a Yellow Paddle director are allowed to visit a photographer while they are working an event. Restricting unauthorized visitors helps ensure security, decreases liability, safeguards event attendants’ welfare, and avoids potential distractions and disturbances.
3.24 Immigration law compliance
Yellow Paddle contracts only with United States citizens and those non-U.S. citizens authorized to work in the United States in compliance with the Immigration Reform and Control Act of 1986.
