This is an agreement through which a photographer gives a license for nonelectronic rights for a work belonging to the photographer to a client for use as specified. Also available online at: http://www.atdlines.com/form25.htm.
Agreement, entered into as of, between, located at (hereinafter referred to as the "Client") and, located at (hereinafter referred to as the "Photographer") with respect to the licensing of certain electronic rights in the Photographer's photograph(s) (hereinafter referred to as the "Work").
1. Description of Work. The Client wishes to license certain electronic rights in the Work which the Photographer has created and which is described as follows:
Number of images:
Manner in which work shall be delivered:
2. Delivery Date. The Photographer agrees to deliver the Work within days after the signing of this Agreement.
3. Grant of Rights. Upon receipt of signed contract, Photographer grants to the Client the following electronic rights in the Work:
For use as a stock photo in social media or in digital advertisement
Client agrees to use only watermarked images
Client agrees to credit Photographer wherever required
With respect to the usage shown above, the Client shall have nonexclusive rights unless specified to the contrary here.
4. Reservation of Rights. All rights not expressly granted hereunder are reserved to the Photographer, including but not limited to all rights in preliminary materials and all electronic rights. For purposes of this agreement, electronic rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media as computer disks, CD-ROM, computer databases, and network servers.
5. Additional Usage. If Client wishes to make any additional uses of the Work, Client agrees to seek permission from the Photographer and make such payments as are agreed to between the parties at that time.
6. Alteration. Client shall not make or permit any alterations, whether by adding or removing material from the Work, without the permission of the Photographer. Alterations shall be deemed to include the addition of any illustrations, photographs, sound, text, or computerized effects, unless specified to the contrary here: Text overlay for advertising is permitted; however, the watermark must remain.
7. Loss, Theft, or Damage. The ownership of the Work shall remain with the Photographer. Client agrees to assume full responsibility and be strictly liable as an insurer for loss, theft, or damage to the Work.
8. Copyright Notice. Copyright notice in the name of the Photographer shall accompany the Work when it is reproduced.
9. Credit. Credit in the name of the Photographer shall accompany the Work when it is reproduced. If the Work is used as a contribution to a magazine, book, website, blog or advertisement credit shall be given unless specified to the contrary in the preceding sentence.
10. Releases. The Client agrees to indemnify and hold harmless the Photographer against any and all claims, costs, and expenses, including attorney's fees, due to uses for which no release was requested, uses which exceed the uses allowed pursuant to a release, or uses based on alterations
11. Arbitration. All disputes arising under this Agreement shall be submitted to binding arbitration before in the following location and settled in accordance with the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. Disputes in which the amount at issue is less than $1000 shall not be subject to this arbitration provision.
12. Miscellany. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be governed by the laws of the State of California
In Witness Whereof, the parties hereto have signed this Agreement as of the date first set forth above.