Conde Nast/CondeNet Contract: - Warranty & Independent Contractor

Commentary and Analysis continues:

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12. Warranty: Freelancer represents and warrants that the Work(s) will be original work by Freelancer, will not have been previously published in any form, and will not infringe upon the personal or proprietary rights of or give rise to any claim by any third party. In addition, in the event any complaint relating to any Work is made by any third party at any time, whether by a formal legal claim or otherwise, Freelancer will fully cooperate with Company in responding to and defending against such complaint or claim.	5. Warranty: Freelancer represents and warrants that the Work(s) will be original work by Freelancer, will not have been previously published in any form, and will not infringe upon the personal or proprietary rights of or give rise to any claim by any third party. In addition, in the event any complaint relating to any Work is made by any third party at any time, whether by a formal legal claim or otherwise, Freelancer will fully cooperate with Company in responding to and defending against such complaint or claim.
COMMENTS: These two terms are identical, save for the fact that they have different positions within the contract. These are reasonable warranties to require. However, it’s not unreasonable to expect to be paid for your time when you are asked to “fully cooperate”. In some instances, this could involve a fair amount of time.
13. Independent Contractor: Freelancer is an independent contractor and will not be treated as an employee of Company for any purpose, including but not limited to employee benefits, the Federal Insurance Contribution Act, unemployment taxes and income tax withholding at the source. Freelancer is responsible in all respects for any assistants Freelancer may retain.	6. Independent Contractor: Freelancer is an independent contractor and will not be treated as an employee of Company for any purpose, including but not limited to employee benefits, the Federal Insurance Contribution Act, unemployment taxes and income tax withholding at the source. Freelancer is responsible in all respects for any assistants Freelancer may retain.
COMMENTS: These two terms are identical, save for the fact that they have different positions within the contract. Again, this is a pretty fair and standard term. It’s of value to note that they are defining you, the photographer, as “responsible in all respects for any assistants”. So, an assistant can’t make a claim against Conde Nast if they’re injured, without that claim coming back around to your being liable.

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