Use of Independent Contractor Clause
It’s really common practice for photographers to hire an independent contractor for things like makeup and hair, especially for boudoir photographers and senior portrait photographers. And while I know that most photographers take great care in selecting their hair and makeup artists, sometimes accidents happen and your client has a bad reaction to the makeup or some other product. This provision protects you in case that happens, and also states that it is the client’s responsibility to tell the independent contractor about any allergies or issues they may have with the products or services they will be providing. That way it’s putting the responsibility on the client’s shoulders to make sure they’re being proactive in preventing something like that from happening. If they don’t tell the independent contractor about any allergies or issues they may have and they do have a negative reaction to it, this provision also covers you in that situation because it states that it is the client’s responsibility to communicate any of those issues.
And a note about hiring hair and makeup artists – make sure they are licensed and have a good, clean record with solid references. Do your research! The better job the hair and makeup artist does with your client, the better experience they’ll have with you and the more likely they’ll be to refer you to others (and be a repeat client). If you plan on doing hair and makeup in your studio (or on location), make sure you and your hair and makeup artist have the proper licensing for that also. (This will vary depending on where you live, but if, for example, your state requires you to have a specific license so that you can have hair and makeup done in your studio, you want to make sure you meet those requirements and have that permit or you could face fines and other fees.)
And don’t forget – make sure they have the contact info of the independent contractor so they can get a hold of them to make them aware of any issues.
It is also important to remember that for an independent contractor to truly be an independent contractor, you cannot treat them as an employee. There are a lot of complicated legal ramifications of this distinction, but in a nutshell, the more that you direct the contractor, the more likely they are to be considered an employee. This is why you should inform the client that they need to direct enquires concerning the services the contractor will provide to that contractor.