Photography by Benamoz Ltd.
The Contracting Party, the Client/Model, may be collectively and individually referred to in this Agreement as the “Clients”, or the “Client”.
This agreement constitutes an order for photography services between the Contracting Party (“Client) and Photography by Benamoz Ltd.™ (the “Photographer”).
THE PHOTOGRAPHER will take the utmost care with respect to exposure, transportation, and processing your photographs. However, in the unlikely event that all photographs are lost, stolen, damaged or destroyed for any reason, liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the package selected, based on the percentage of originals lost.
UPON AGREEING TO TERMS AND CONDITIONS, the Photographer reserves the time and date agreed upon. For this reason, all retainers are non-refundable, even if the event date is changed or canceled for any reason.
PRE-EVENT CONSULTATION: The parties agree to a pre-event consultation approximately ten to fifteen days before the event date in order to finalize the actual shooting times, locations, event procedures and special requests for specific photographs.
COPYRIGHT and MODEL RELEASE: The contracting party hereby grants to Photography by Benamoz Ltd. (the “Photographer”) Copyright in all images relating to this contract as well as the unrestricted right to use, license for third party usage and publish all Photographs for commercial use, promotion, competition or other purposes without compensation or liability to the contracting party and/or guests of the photography event.
CANCELLATION: As the Photographer has reserved the photography date, there shall be no refund of any retainer or deposit after 48 hours from the signing of this Agreement. If the event is cancelled in writing less than three months prior to the date of the event, the Client shall nonetheless pay the full balance of the contract price due to the high probability that the Photographer will not be able to further book that date. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the Client and the Photographer. All such arrangements must be in writing to be enforceable. Cancellation must be in writing even if verbal notice was given to the Photographer of such cancellation.
“Photograph(s)” means all photographic material furnished by Photography by Benamoz Ltd.™ (the “Photographer”), whether transparencies, negatives, prints, digital images or otherwise.
The Client(s) shall ensure that family, friends, guests of the client/model, if attending, shall not interfere with the photographer’s duties.
Except as otherwise specifically provided herein, all photographs and rights therein, including copyright, are and shall remain the sole and exclusive property of Photographer, and in that connection the Contracting Party hereby assigns any and all copyright in the Photographs, in any form including digital files, to Photography by Benamoz Ltd.™ (the “Photographer”) and warrants and represents that it has full authority to do so. Any additional uses not listed in this agreement require the prior written agreement of Photographer on the terms to be negotiated. Unless otherwise provided herein, any grant of rights is limited to the private use of photographic material purchased by the individuals and Clients are prohibited from all commercial uses.
Client agrees to indemnify and defend Photographer against any and all claims, liability, damages, costs, and expenses whatsoever arising out of the Photographer’s legitimate actions under this Agreement, including the Photographer’s legal fees and expenses as between a solicitor and his or her own Client, and including without limitation any liability arising out of any use of any Photographs for which the Client’s guests provided no release to the Photographer for any photographs. Photographer's liability for all claims shall not exceed in any event the total amount paid under this contract.
Time is of the essence for receipt of payment. No photography will take place and no rights are granted until timely payment is made in full and all applicable documentation is completed and delivered to the Photographer, inclusive of the Agreement and all Releases.
Travel expenses such as parking, shipping, or destination fees shall be reimbursed to the Photographer and will be added to the balance due after the completion of the event.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta. The Contracting Party agrees to pay all legal fees as between a solicitor and his or her own Client award or judgment in favour of Photographer.
Due to the limited and subjective nature of the event, the Photographer shall not be responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or scheduling complications caused by but not limited to, anyone in or at the event, or location restrictions. The Photographer has the right to photograph all parties/guests of the Clients. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the client/guests/model principals. The Photographer is not responsible for lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, time constraints caused by the Client and/or their representatives, guests or family, rules and restrictions of venue, location or the rendering of decorations of the location. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way shall constitute an agreement on the part of the Photographer that same will actually be produced.
The Photographer will do his/her/their best to fulfill all requests but can make no guarantees that all requested images will be delivered. In the event that the client should give specific instructions in poses, locations, angles, or generally ‘take over’ the photography photo sessions, the photographer will not be held responsible or liable for the quality and content of the images or the outcome of the results. The Photographer shall not be responsible for the choice of location throughout any part of the event, this includes choice of portrait/formal location which may affect the lighting and photography results.
Subject to the other provisions of this paragraph, if the Photographer fails to observe or perform any of the covenants or obligations herein imposed upon and such failure shall have been occasioned by, or in consequence of force majeure, as hereinafter defined, such failure shall be deemed not to be a breach of such covenants or obligations of the Photographer. For the purposes of this Agreement, the term "force majeure" shall mean any acts of G-d, including without limitation lightning, earthquakes and storms, strikes, lockouts or other industrial disturbances, landslides, floods, fires, washouts, explosions, or any other causes, whether of the kind herein enumerated or otherwise, not within the control of the Photographer and which, by the exercise of due diligence, the Photographer is unable to overcome.
In the event of severe weather, including but not limited to blizzard, severe rain storm or other similar conditions, the Photographer may, in his or her unfettered discretion, decide that it is unsafe to return home, and any resultant expenses such as hotel charges will be paid by the Contracting Party.
In the event of illness or other incapacity to the Photographer, the Photographer will attempt to substitute a competent photographer at no further cost to the Client, or in his/her unfettered discretion, may refund all monies paid to the Clients, provided always that in no circumstances shall the Photographer be liable for any further or consequential damages, as the parties agree that such event shall be considered a force majeure as set out in clause “I” hereof.
Clients are responsible for all additional location fees and permits if applicable.
Photographer reserves editing rights and will be the final authority on the images that will be offered for sale to the Client.
The selection of all images provided to the client shall be at the discretion of Photography by Benamoz Ltd.™ at all times.
All complimentary services included within each photography collection/package are provided at the photographer’s sole discretion.
Other: when “Free” or “Complimentary” Engagement Sessions are offered, these are provided under the proviso that an average of 10-30 images will be turned over to the client. Images selected and provided to the client are done so as a complimentary service with no additions, deletions, editing to themes, specific or implied content or warranties. Given changes in artistic direction and the overall scope of the photography session, shall be controlled by the photographer exclusively. No additional images shall be provided to the client from any photography sessions without prior arrangement/discussion and approval of the photographer. The complimentary engagement session is strictly to allow the client to become comfortable in front of the camera. To be clear, engagement sessions are not intended for the photographing of family, friends, pets, trucks, cars, boats, kittens, maternity, fine art nudes, sport and recreation photographs, architectural, landscape, still life photographs, etc. The purpose of such sessions are intended for the photographer to spend time with the client(s), thus making the client(s) feel at ease, comfortable and understanding of the rhythms/requirements of the photographic session within various locations, settings and differentiating lighting so they may be at ease for the main photographic event; typically a wedding or other event. Additional photography, editing services and consulting required shall be negotiated and approved in writing and contracted separately.
The Photographer agrees to be bound by the Code of Ethics attached hereto as Schedule “B”.
Due to uncertainty as to the permanence of digital storage media, it is recommended that you back up your images on a media format other than USB/CD/DVD. It is also recommended that you make multiple copies of online album/USB/CDs/DVDs every year to insure longevity of your images. The Photographer shall not be responsible for the failure of online album/USB/CDs/DVDs due to mishandling. It is the Clients’ responsibility to keep backup copies of digital storage in multiple locations, and to back up the images to other formats such as a hard drive. Images will be provided in jpg format only, raw images will never be released as they are the exclusive property of the photographer.
The Photographer reserves the right to terminate this contract with 10 days written notice prior to the event. If it is found that the Client and the Photographer are unable to come to terms on specifics that shall include, but may not be limited to: travel arrangements, financial arrangements including additional expenses, artistic merit, or anything deemed controversial where the Client and the Photographer are unable to come to terms that suit both parties. This contract in its entirety shall be the final agreement.
Schedule “B” Code of Ethics
I will endeavor to maintain a dignity of manner in my behavior, in the presentation of my photography and photographic services, in my appearance and that of my studio or place of business, and in all other forms of public contact.
I will observe the highest standard of honesty in all transactions, avoiding the use of false, inaccurate and misleading terms, descriptions and claims.
I will at all times endeavor to produce photographs equal or superior to the samples I display, and shall apply my best efforts towards providing the best possible photographic services and assist in raising the general standard of photographic craftsmanship, however it should be noted that in all instances the photographer shall be subject to the character and caricatures presented, including; dress, persons, decoration, attitudes, willingness, emotional duress, make-up etc, provided by the client and/or guests. The photographer cannot be responsible in the event that the client/person/persons act and look in a manner that is unfit or unsuitable for the event and conditions at the photographer’s sole discretion.
I will at all times avoid the use of unfair competitive practices as determined by any court or competent jurisdiction, Federal antitrust or related statutes.
I will use a contract which is based on fair, honest, professional business practice, and which clearly outlines the rights of both the photographer and the Client in all
I will respect the privacy of my Clients, and all subjects I photograph, and all rights that they have in the photographs I create of them, and will use the appropriate model or property releases to help protect those rights.
I will recognize the authority of this Association in all matters relating to the interpretation of the Code in accordance with the provincial statutes of Canada and the various provinces and the decisions of courts and governmental agencies of competent jurisdiction.
Photographic Model/Client Release
For valuable consideration, I hereby give the photographer permission to use my photographs on behalf of myself and all parties involved, including family and guests, and I authorize the use and reproduction of it by you (the photographer), or anyone authorized by you. This includes any and all photographs which you have taken of me and my family (including minors). All digital images, negatives and positives, together with the prints shall constitute the property of the photographer. I understand that I may use the photographer’s images for my self-promotion and personal use and only if the photographer’s credit and copyright appear on the image. I do not have rights to commercial sale of these images unless that is agreed to in writing from the photographer. If I elect to use any images on the web, I agree to make a link to the photographer’s website. I understand that I have the option to purchase additional rights to use these images in any manner I wish.
The photographer grants the client the right to use any images provided without modification for self-promotion and non-commercial personal use on condition that the client always includes a legible photographer’s credit on every image, whether in print or online. Photographer retains all other usage right for all images, but will make an attempt to provide prints or other consideration if any image should be published.
Note: the Photographer’s credit must say: © Photography by Benamoz Ltd.
The Client/Model and or any persons related to the client, model and/or this model shoot/session in any way, shape or form shall agree to hold harmless Photography by Benamoz Ltd. in relation to all aspects of personal injury, liability, damages, cancellation, personal, public, corporate, reputation and all aspects of liability and/or injury or related claims in relation to any and all applicable photo shoots conducted by Photography by Benamoz Ltd.
For the Client/Model and no other persons, Photography by Benamoz Ltd.™ will endeavor to assist in and at all times will err on the side of caution in the safety of the site and the personal well-being as it relates to safety of the client, but under no circumstances can be held liable in the event of such claim relating to injury, accident, acts of G-d, willful misconduct, corporate or personal loss.
The Client/Model retains the right at all times to refuse any location, stance, pose, event or activity that they deem to be harmful or unsafe and said client/model shall be solely responsible to all matters relating to liability and or injury.
As it relates to client/models and site-specific photography, Photography by Benamoz Ltd. maintains the sole rights and control of the location/site/scene. This includes all persons, equipment, location and conduct throughout the photo shoot, Photography by Benamoz Ltd. maintains the right to cancel any said contract if, in its sole discretion feels for any reason that these terms have been compromised and shall not be held liable for any costs, expenses or inconvenience incurred by said cancellation.
The Client/Model agrees to indemnify and defend Photography by Benamoz Ltd.™ against any and all claims, liability, damages, costs and expenses whatsoever arising out of the Photographer’s legitimate actions under this Agreement, including the Photographer’s legal fees and expenses as between a solicitor and his or her own Client/Model, and including without limitation, any liability arising out of any use of any Photographs for which the Client/Model’s guests provided no release to the Photographer for any photographs. Photographer’s liability for all claims shall not exceed in any event the total amount paid under this contract.
I agree to all terms and conditions thereof by checking the 'agree' box: