Blink Photographer Addendum
Last Updated: December 1, 2019
This Blink Photographer Addendum (the “Addendum”) is an addendum to, and is integrated with, the Terms of Service Agreement (www.blinkinc.com/termsofservice) between you and Blink (the “Agreement”), and it sets forth additional terms and conditions that are applicable to your provision of Services through the Blink Platform. Capitalized terms herein have the meanings set forth in the Agreement. This Addendum replaces and supersedes any prior Photographer Addendum that you have previously agreed to.
- Shoot Fee. You are entitled to a Shoot Fee for the Services you perform for Customers, as provided in the Agreement and this Photographer Addendum. The “Shoot Fee” for a completed shoot consists of a base amount for shoot time booked plus incremental amounts based on the actual time of the shoot if extended, as measured by Blink. The applicable base amount for shoot time, primetime fees, setup fees (if applicable), and/or time and distance amounts are shown in a rate card (the “Rate Card”) in your Photographer dashboard. The Rate Card amounts displayed in your Photographer dashboard are personal to you. The Rate Card amounts may vary by including but not limited to factors such as the market where you provide Services or shoot a particular shoot, the date you applied or became approved as a Blink Photographer, and the type of Service you are providing (for example, Blink BLACK, Blink GREY or Blink WHITE). The rates from the market in which you shoot the Customer will apply to that shoot. Please note that some larger markets (like the San Francisco Bay Area or greater Los Angeles) have different rates for different sub-regions within the larger market. In that case, the rates from the sub-region in which you shoot the Customer will apply to that shoot. In certain situations, the Shoot Fee may be predetermined (such as a flat rate shoot), or subject to certain minimum or maximum amounts as described to you in your Rate Card. In some situations where a Customer cancels a shoot request that you have accepted, you may earn a cancellation fee. See the Cancellation and no-show fee policy for Photographers in the Blink Help Center for details. In those cases, you will earn a Shoot Fee in the amount of the cancellation payment set forth in your Rate Card. Your Rate Card may not be set or available to you until you are an approved Photographer, and you agree Blink makes no representation or warranties concerning the Rate Card amounts. Your Rate Card amounts are subject to change in Blink’s discretion and any changes shall be published on the Rate Card. By continuing to use the Blink Platform, you are deemed to accept these changes.
- Photo Fee. You are entitled to a Photo Fee for the Services you perform for Customers, as provided in the Agreement and this Photographer Addendum. The “Photo Fee” for a completed shoot consists of a base amount for the photo shoot. Buy All packages are discounted prices for buying all of the photos from your shoot. The applicable base amount for Photos and Buy All packages are shown in the Rate Card in your Photographer dashboard. The Rate Card amounts displayed in your Photographer dashboard are personal to you. The Rate Card amounts may vary by including but not limited to factors such as the market where you provide Services or shoot a particular shoot, the date you applied or became approved as a Photographer, and the type of Service you are providing (for example, Blink BLACK, Blink GREY or Blink WHITE). The rates from the market in which you shoot the Customer will apply to that shoot. Please note that some larger markets (like the San Francisco Bay Area or greater Los Angeles) have different rates for different sub-regions within the larger market. In that case, the rates from the sub-region in which you shoot the Customer will apply to that shoot. In certain situations, the Shoot Fee may be predetermined (such as a flat rate shoot), or subject to certain minimum or maximum amounts as described to you in your Rate Card.
- Additional Payments to You. In addition to the Shoot Fee, you will receive the following payments, if applicable: (i) any tips provided by a Customer to you through the Blink Platform, (ii) any expense reimbursements we collect for remittance to you through the Blink, and (iii) any bonuses or incentives you earn based on your provision of Services
- Payments, Adjustments and Settlement. Blink will collect payments owed to you by Customers and other third parties as your limited payment collection agent and you agree that the receipt of such payments by Blink satisfies the payer’s obligation to you. Blink reserves the right to adjust or withhold all or a portion of a Shoot Fee or Photo Fee or other payment owed to you (except tips) (i) if we believe that you have attempted to defraud or abuse Customers, Blink, or Blink’s payment systems, or (ii) in order to resolve a Customer complaint (e.g., you provided unacceptable Services, you took an inefficient route or failed to properly end a particular instance of Services in the Blink application when the shoot was over). Blink’s decision to adjust or withhold the Shoot Fee or Photo Fee or other payment in any way shall be exercised in a reasonable manner. If you have agreed to any other amounts being deducted from your Shoot Fees or Photo Fees with any party (such as camera or equipment rental or lease payments), those amounts will be deducted before remittance to you, and we may determine the order of these other deductions if allowed by law. You acknowledge and agree that all payments owed to you shall not include any interest and will be net of any amounts that we are required to withhold by law.
- Blink Platform Fees. In exchange for your use of the Blink Platform and the services provided by Blink to you, you agree to pay Blink (and permit Blink to retain) a platform fee (“Platform Fee”) based on each shoot you provide. The Platform Fee shall be a variable amount equaling a percentage of the total fees including: (i) the Shoot Fee, (ii) the Photo Fee, (iii) any fees and expenses we collect for remittance to you, (iv) any Third Party Fees that Blink collects, and (v) any bonuses or incentives you earn based on your provision of Services. Please refer to Rate Card and Blink Cities page for applicable Platform Fee in your area. In the event of a shoot where the combination of (i)-(iv) above is greater than the Shoot Fees and Photo Fees, no Platform Fee will be charged to you for that shoot. In such cases, any excess amounts that you receive will be an adjustment to your Platform Fee (or if necessary, as an adjustment to another payment owed to you). The Platform Fee may include any event fees in effect (as determined by Blink) based on the location and nature of the shoot. For your convenience, Blink may collect the Platform Fee and applicable event fees from Customers on your behalf to offset your payment of such fees to Blink.
- Payment Processing. Payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement (available at https://stripe.com/us/connect-account/legal), which includes the Stripe Services Agreement (available at https://stripe.com/us/legal) (collectively, the “Stripe Terms”). By using the Blink Platform to receive payment proceeds, you agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of Blink enabling payment processing services through Stripe, you authorize Blink to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate your provision of Services as contemplated by the Agreement and your relationship with Blink. You further agree to provide accurate and complete information about you and your business, and authorize Blink to share it and transaction information with Stripe for the purposes of facilitating of the payment processing services provided by Stripe. Blink reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion.
- Express Pay. Blink may utilize Stripe Express Pay (which Blink may use in its sole discretion), you acknowledge that you will be charged a fee for this Express Pay service as described by Blink prior to confirmation. You understand that (i) your financial institution may not support Express Pay, (ii) Blink and Stripe make no guarantee concerning how quickly Express Pay payments will settle with your account, and (iii) not all payments through the Blink Platform are eligible for Express Pay. If you elect to use any direct debit features made available by Blink or its third party partners you acknowledge that you may be subject to supplemental agreements related to those services.
- Promotions, Discount Codes and Gift Cards. Blink may, at its discretion, offer promotional or other discount codes and/or gift cards to Customers, however such discounts shall not impact the Shoot Fee, Photo Fee or any other payments owed to you. You agree that Blink may sell passes or subscriptions (each, a “Shoot Pass”) on your behalf to generate additional leads for your Services. Shoot Passes entitle Customers to receive discounted or capped fees for qualifying shoots (subject to certain limitations, terms and conditions). When a Customer uses a Shoot Pass to receive a qualifying shoot, Blink will use the Shoot Pass payment in full or partial satisfaction of the shoot total Charges subject to the terms and conditions of the Shoot Pass. Your payment for Services arranged with a Shoot Pass will be determined based on the Shoot Fee for the shoot as provided in this Photographer Addendum. In the event that Shoot Pass collections from a Customer exceed qualifying shoot Charges (if any), you agree that as between you and Blink, and to the extent permitted by law, Blink may retain such excess amounts in consideration for Blink’s sales and marketing of Shoot Passes.
- No Additional Amounts. You acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, Blink and its Affiliates may seek to generate additional demand for your Services from new and existing Customers. You acknowledge and agree such advertising or marketing does not entitle you to any additional monetary amounts beyond the amounts expressly set forth in this Agreement and Photographer Addendum.