This agreement is between SHADIA AMEN PHOTOGRAPHY (hereafter “Photographer” “the Photographer” or “Photography Company”) and PRIME CONTACT, hereafter referred to as “CLIENT”).

1. Scope of Work:

This contract is for services and products related to a photography shoot (hereafter “shoot” or “the shoot”) to take place at the following time and place. PHOTOGRAPHER and CLIENT are to arrive for the SHOOT on DATE ENTERED ON FORM ABOVE

PHOTOGRAPHER agrees to provide no fewer than 100 photos for CLIENT to view after the shoot, and is not required to provide more than this number of images. PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary.

2. Fees:

In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the SUM ENTERED BELOW.

CLIENT agrees to pay the photographer a non-refundable initial payment totaling 50% (fifty-percent) of the total price of the photography services upon signing this contract. The initial payment reserves the photographer’s time and is not a retainer or deposit. PHOTOGRAPHER agrees to not advertise availability of this same time slot to any other potential clients. If CLIENT cancels this shoot for any reason, the initial payment will not be returned to CLIENT.  The balance of the payment for photography services must be paid in full no later than 7 days BEFORE the SHOOT detailed in Section 1.  

3. Work Product:

 PHOTOGRAPHER will deliver proofs of photos to CLIENT no more than FORTY-FIVE days (45 days) after the date of the SHOOT.  CLIENT understands and agrees that proofs are the exclusive property of PHOTOGRAPHER and CLIENT has no right to these photos except for a license to review them, but not store the proofs. All photos delivered to CLIENT are licensed for CLIENT’S personal use only. Photos from the SHOOT to be delivered to the client will be according to the following order. 

If Digital Photos are included in the price for photography services, the following will constitute the entirety of photos to be delivered to client and licensed for personal use only.  

How many photos--included in the price--will be licensed to client, and in what resolution? 100 MINIMUM edited photos- Low-resolution

How many prints (or Printing Credit amount)--included in the price--will be delivered to client, in what sizes (Or credit amount), and what materials will be used for printing? $100 PRINTING CREDIT TOWARDS WALL ART/PHOTO BOOKS/HIGH RESOLUTION FILES/PRINTED IMAGES.

CLIENT understands and agrees that prints take longer for delivery. PHOTOGRAPHER must deliver photos in a reasonable amount of time after the CLIENT has made a final order.

4. Indemnification: 

4.1 - PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SHOOT.

4.2 - If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, client agrees to indemnify photographer for any loss damage or liability; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SHOOT.

4.3 - CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure, including data loss.

4.4 - CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this shoot 60 (sixty) days after the photos have been delivered to CLIENT.

4.5 – CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER.

4.6 – PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.

5. Duty of Client:

CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT.PHOTOGRAPHER has no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent photographer from photographing the event(s) is not the fault, liability, or responsibility of photographer.

6. Exclusive Photographer:

 CLIENT agrees and understands that no other party other than PHOTOGRAPHER may take pictures of any poses, lighting situations, or setups made by the photographer. This slows down the photographer’s work and violates the photographer’s right to take pictures of the event. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations.

7. Model Release:

 CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sublicensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses.

Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising. PHOTOGRAPHER may sell photos containing CLIENT likeness to third parties.

9. Assignability and Parties of Interest:

CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific photographer.  PHOTOGRAPHER may subcontract or assign this contract to any second-shooter, PHOTOGRAPHER may assign any photographers associated with the PHOTOGRAPHY COMPANY to perform its duties under this contract. All photographers must be capable and competent to perform the services in a workmanlike manner.

9. Cancellation Policy:

Client agrees and understands that for portrait & group session cancellations, client forfeits their session retainer paid to book the session. The fee can be credited towards a future session if the client reschedules the appointment and re-books at an agreeable date and time. Rescheduled sessions must be within the same calendar year. Only one re-schedule date will be offered. After two cancellations, the original contract will be cancelled and subject to the cancellation policy. A new contract must be made to book a new date. Any cancellations made less than 2 weeks before the session date will result in a forfeited retainer and the client shall pay the balance of the contract in full. Any Client that arrives late to the session will have the same amount of time they were late deducted from the time allotted for the session. For weddings and events, if for any reason the Client cancels before the event date, the Photographer will keep the event retainer fee paid to hold the wedding or event date as a cancellation fee. Cancellation must be sent in writing, by mail or e-mail. However, if the client changes the event date, Shadia Amen Photography will do our best to accommodate the change and no fee will be charged as long as the new date is available and within five months of the original event date. If we are not available for the new date, the original contract will be cancelled and subject to the cancellation policy. If Shadia Amen Photography cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, then the Photographer shall return the retainer fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or other media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer.