along with a contract goes to show your professional standards and it is the only way for all parties to come to an agreement about the project. For a long time I’ve been searching for a package out there that would offer me both the professional look and flexibility I deserved. Proposal Kit reaches and exceeds my expectations with a solid suite of products that helped my business grow."
TRANSFER OF COPYRIGHT AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name hereafter referred to as Author and company name hereafter referred to as Client PART A. The purpose of this Agreement hereafter referred to as the Agreement is to act as transfer of copyright for the attached work Exhibit hereafter referred to as the Article from company name to company name effective as of the date of this agreement. Note. If article was prepared as part of the writers duties for his her employer work for hire this agreement must be signed and authorized by the employer as the Author. If the Article was prepared by U. S. Government employee as part of his her official duties please refer to Part B.
Copyright to the above work including without limitation the right to publish the work in whole or in part in any and all forms of media now or hereafter known is hereby transferred to company name for the following publication uses. Insert details of the specified usage of the content. Copyright to the listed original and unpublished article and subsequent revisions errata or abstracts submitted by the above author the Article is hereby transferred to company name for the full term thereof throughout the world subject to the following rights that the author may freely exercise and to acceptance of the Article for publication and use in company name business. company name shall have the right to register as claimant copyright to the Article in its name whether used individually or as part of another work or medium in which the Article is part of. The author shall retain the following rights so long as the author agree that all copies of the Article made under any of these following rights shall include notice of the company name copyright. 1 All proprietary rights and patent rights other than copyright and the publication rights transferred to company name. 2 The nonexclusive right after publication by company name to give permission to third parties to republish the Article or translation thereof or excerpts therefrom without obtaining permission from company name provided the company name published version is not used for this purpose and provided the Article is not to be published in another journal or web site. If the company name version is used permission from company name must be obtained. 3 The right to post their own author versions of reprints and revisions to use all or part of the Article without revision or modification including the company name published version in personal collection or other publications of the authors own works so long as the company name copyright notice is attached. 4 The right of an employer to make copies of the Article so long as it was prepared by an employee within the scope of his or her employment and only for the employers own internal use. 5 In the case of work performed under United States Government contract Publisher grants the U. S. Government royalty free permission to reproduce all or portions of the Article and to authorize others to do so for U. S. Government purposes.
In the event that the Article is not accepted and published by company name this agreement becomes null and void. By signing this Agreement the author warrants that the Article is original with the author and does not infringe any copyright or violate any other right of any third parties and that the Article has not been published elsewhere and is not being considered for publication elsewhere in any form except as provided herein. If each authors signature does not appear below the signing author represent that they sign this Agreement as authorized agents for and on behalf of all the authors and that this Agreement and authorization is made on behalf of all the authors. The signing author or in the case of work made for hire the signing employer also warrant that they have the full power to enter into this Agreement and to make the grants contained herein. If any provision of this agreement is held to be unenforceable the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This agreement and any disputes arising here under shall be governed by the laws of state or province state without regard to conflicts of laws principles. failure by any party to exercise or delay in exercising right or power conferred upon it in this agreement shall not operate as waiver of any such right or power. company name Name. Signature.
Date. PART B. In the case of work that was performed under U. S. Government contract but you are not U. S. Government employee please sign the transfer form above and review Item above. The following certifies that the author of the listed Article see Exhibit are employees of the U. S. Government and the work was performed as part of their employment and that the Article is not subject to protection under U. S. Copyright. Name. Signature.
Govt. Organization. Date. Author Initials Client Initials
ASSIGNMENT PHOTOGRAPHY AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Photographer and company name Customer Recitals A. Photographer is in the business of providing custom photography and printing services for fee. B. Customer desires to have Photographer render specific services the Services or Photographers Services as set forth in Exhibit B.
C. Services shall be rendered on specific date the Event as set forth in Exhibit B. Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Photographer hereby agree as follows. 1. Engagement of Services. Photographer agrees to render to Customer as follows. Provide to Customer pre event consultation by phone or in person prior to the Event in order to finalize specific shooting times the Times determine any custom shots the Shots or set forth any locations the Locations that Photographer will be required to travel to in order to render the Services to Customer. Customer has the sole responsibility for arranging this pre event consultation with Photographer and failure of the occurrence of pre event consultation shall not constitute breach of this Agreement. Provide the agreed Services on the dates Times and Locations as agreed upon in the Specifications and provide images taken during the Event the Proofs to Customer as soon as they are available. Provide proof of agreed upon expenses associated with the Event and the execution of Photographers Services and present them to Customer for approval.
Provide to Customer post event consultation in order to review all images taken during the Event or otherwise arrange for the insured delivery of any images or other related materials. Provide other such services as Customer may request from time to time such as additional Shots assistance to Customers staff and employees or additional project consulting. Provide to the Customer ordering and photographic reproduction services. 2. Specifications. Photographer agrees to provide the Services pursuant to the specifications set forth in Exhibit attached hereto the Specifications
3. Delivery of Proofs. Photographer will use reasonable diligence in the development of the Proofs and endeavor to deliver to Customer all agreed upon Specifications outlined in Exhibit no later than delivery date. Customer acknowledges however that this delivery deadline listed in Exhibit is an estimate and is not required delivery date. Photographer will retain all rights to any and all photographic materials custom Shots proofs or other intellectual property for the entire project and will provide the Customer with the output formats only. Customer shall retain all of Customers intellectual property rights in any logos graphics text images or other components owned and transmitted to Photographer for use in fulfillment or creation of Services. 4. Ownership Rights. Photographer shall retain under the fullest extent under the law full copyright and interest in any and all film digital files proofs samples prints or negatives created or produced for Customer pursuant to this Agreement. Customer agrees to return to Photographer any materials Customer may have of Photographers such as artwork mock ups comps text digital media film images or any other physical or digital embodiment of Photographers creative work performed under this Agreement. Upon termination or expiration of this Agreement Customer agrees to be solely responsible for any additional use of materials and advertisements created by Photographer pursuant to this Agreement. Additional expenses may include but are not limited to. Fees licenses translations royalties talent and other associated fees. Photographers obligation in 4. shall not apply in any respect to foreign use.
Customer is granted non exclusive worldwide right to use the materials for Customers own promotional advertising internal use or any other agreed upon use as outlined in Exhibit B. Photos or materials are NOT to be resold or distributed to any third parties or event participants. Photographers copyright must accompany all use of the photos or materials whenever possible and must read Copyright current year credits. 5. Compensation. For all of Photographers Services under this Agreement Customer shall compensate Photographer in cash pursuant to the terms of Exhibit attached hereto. In the event Customer fails to make any of the payments referenced in Exhibit by the deadline set forth in Exhibit Photographer has the right but is not obligated to pursue any or all of the following remedies. terminate the Agreement withhold all materials Services and content bring legal action. If Photographer has agreed to co sponsor the event the Customer shall adhere to the requirements and deliverables pursuant to the terms of Exhibit attached hereto with respect to Photographers promotional materials and advertising. All licenses shall be revoked if Customer fails to make any of the payments referenced in Exhibit by the deadline set forth in Exhibit A. 6. Limited Warranty and Limitation on Damages. Customer agrees to indemnify and hold Photographer harmless with respect to any claims loss lawsuit liability or judgment suffered by Customer which results from the use of any material prepared by Photographer or execution of Service by Photographer or at the direction of Photographer which has been materially changed from the Specifications. Photographer shall not be responsible for missing any Key Shots. Key Shots shall be defined as any requested photographs or images made to the photographer by Customer.
Photographer shall not be responsible for any adverse effects or the impact of such upon deliverables resulting from but not limited to. weather timing actions of individuals present at any shooting location or deliverables dependent upon the actions or presence of individuals at any shooting location transportation issues equipment failure access to shooting locations or anything else not under the control of the Photographer. Photographer shall not be responsible for any delay or loss of shooting time due to any action or inaction or adverse effect that the Customer may experience that is the result of any action or inaction on the part of the Photographer. 7. Resources and Equipment. Photographer agrees to make available any items hardware or software as Customer and Photographer may agree are reasonably necessary for such purpose. Specific items and hardware or software requirements are listed on Exhibit attached hereafter. 8. Non competition. Photographer shall have no restrictions on other professional photographers being at the event. Customer warrants they have not signed any exclusive contracts with any other Photographer or Agency that would preclude or interfere with Photographers right to render the services or otherwise conduct business at the event. 9. Event Deliverables.
Customer shall have responsibility for the following event deliverables. EXAMPLE. Edit the deliverables below as you see fit. a copy of official event credentials and or any security passes required to move around event locations. b parking pass that is as close to the event location as possible. c Access to secure storage area at the event location for equipment and materials.
d Contact cell phone #s for event staff at event location who are responsible for event planning PR or production or for any deliverable listed on Exhibit B. e list of all requested shots or key shots. f An event timeline or schedule that contains list of all start end times for each key event or key shot. g All event maps or driving directions to event location s. 10. General Provisions. 10 Entire Agreement. This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings written or oral between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto. 10 Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 10 Binding Effect. This Agreement shall be binding upon and inure to the benefit of Customer and Customers respective successors and assigns provided that Customer may not assign any of Customers obligations under this Agreement without prior written consent of Photographer. Customer shall have no right to assign any of Customers rights or have the right to sublicense and photographs or materials to any other parties. 10 Waiver. The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect limit or waive such partys right thereafter to enforce and compel strict compliance with every term and condition of this Agreement. 10 Good Faith.
Each party represents and warrants to the other that such party has acted in good faith and agrees to continue to so act in the negotiation execution delivery performance and any termination of this Agreement. 10 Right to Withhold Content and Creative Services. In the event Customer fails to make any of the payments set forth on Exhibit within the time prescribed in Exhibit Photographer has the right to withhold any materials photographic or otherwise or to suspend any further creative or administrative Services performed on behalf of Customer until payment in full is received plus accrued late charges of 2% per month. 10 Indemnification. Customer warrants that everything Customer gives Photographer to use in fulfillment of Services is legally owned by or licensed to Customer. Customer agrees to indemnify and hold Photographer harmless from any and all claims brought by any third party relating to any aspect of the Services creative or other content including but without limitation any claims resulting from missed Shots missed Times inaccessibility to Locations weather related problems inaccessibility or lack of cooperation from critical employees staff or other personnel required by Photographer in order to meet any of the deliverables or obligations listed in Exhibit B; difficulty in gaining any access to the agreed upon Locations or any demands liabilities losses costs and claims including attorneys fees arising out of injury caused by Customers products services material supplied by Customer copyright infringement and defective products sold via the advertising or Services. Further Customer agrees to indemnify Photographer from responsibility for problems disruptions caused by third party services and contractors that Customer may use such as reproduction services enlargements digital processors transportation shipping or hosting services film processing and other services that relate to the execution of the Services outlined in this Agreement by Photographer. 10 Use of Services and Creative Content for Promotional Purposes. Customer grants Photographer the right to use or otherwise reproduce the proofs images creative content description of Services performed results of Services or testimonials as Photographer sees fit for promotional only purposes. 10 Limitation of Damages. Customer agrees that the only damages available under this Agreement shall be limited to the total amount of compensation paid to Photographer and that this shall be the sole remedy to Customer for damages under this Agreement.
10. 10 Attorneys Fees. In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement the prevailing party shall be entitled to recover its actual attorneys fees and costs including expert witness fees. 10. 11 Term of Agreement. This agreement shall begin on start date and shall continue in full force until terminated by either party upon at least thirty days prior written notice. The parties represent and warrant that on the date first written above they are authorized to enter into this Agreement in its entirety and duly bind their respective principals by their signatures below. EXECUTED as of the date first written above. company name
By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Customer Initials Photographer Initials
CD ROM DEVELOPMENT AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Developers and company name Customer Recitals A. Developers have experience and expertise in the development of multimedia. Digital media graphic design computer programming web sites and CD ROM presentations. B. Multimedia created by Developers includes. CD ROMs web sites computer programming flash animations graphics and other multimedia created or licensed by Developers. C. Customer desires to have Developers develop multimedia for them. D. Developers desire to develop the Customers Presentation on the terms and conditions set forth herein the Presentation
Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Developers hereby agree as follows. 1. Development of Presentation. Developers agree to develop the Presentation according to the terms and specifications set forth on Exhibit attached hereto. 2. Specifications. Developers agree to develop the Presentation pursuant to the specifications set forth in Exhibit attached hereto the Specifications 3. Delivery of Presentation. Developers will use reasonable diligence in the development of the Presentation and endeavor to deliver to Customer Presentation no later than days after all required media has been received from Customer. Customer acknowledges however that this delivery deadline and the other payment milestones listed in Exhibit are estimates and are not required delivery dates.
4. Ownership Rights. Developers shall hold all right title and interest in and to the Presentation. Specifically but without limitation Developer shall hold all right title and interest in and to all text graphics animation audio components and digital components of the Presentation the Content all interfaces navigational devices menus menu structures or arrangements icons help and other operational instructions and all other components of any source or object computer code that comprises the Presentation all literal and nonliteral expressions of ideas that operate cause create direct manipulate access or otherwise affect the Content and all copyrights patents trade secrets and other intellectual or industrial property rights in the Presentation or any component or characteristic thereof. Customer shall not do anything that may infringe upon or in any way undermine Developers right title and interest in the Presentation as described in this Paragraph 4. Notwithstanding the above Customer shall retain all of its intellectual property rights in any text images or other components it owns and transmits to Developers for use in the Presentation. 5. Compensation. For all of Developers services under this Agreement Customer shall compensate Developers in cash pursuant to the terms of Exhibit attached hereto. In the event Customer fails to make any of the payments referenced in Exhibit by the deadline set forth in Exhibit Developers have the right but are not obligated to pursue any or all of the following remedies. terminate the Agreement remove all web sites hosting and tracking resources for Presentation bring legal action. keep Customers deposit and credit it towards development time and costs already incurred for the Presentation. 6. Confidentiality. Customer and Developers acknowledge and agree that the Specifications and all other documents and information related to the development of the Presentation the Confidential Information will constitute valuable trade secrets of Developers. Customer shall keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without Developers prior written consent disclose or otherwise make available to anyone either directly or indirectly all or any part of the Confidential Information. Excluded from the Confidential Information definition is anything that can be seen by the public on the Presentation when each page of the Presentation is first accessed. 7. Limited Warranty and Limitation on Damages.
Developers warrant the Presentation will conform to the Specifications for period of days from the date of shipment by Developers. If the Presentation does not conform to the Specifications Developers shall be responsible to correct the Presentation without unreasonable delay at Developers sole expense and without charge to Customer to bring the Presentation into conformance with the Specifications. This warranty shall be the exclusive warranty available to the Customer. Customer waives any other warranty express or implied. Customer acknowledges that Developers do not warrant that the Presentation will work on all platforms. Customer acknowledges that Developers are not responsible for the results obtained by the Customer on the Presentation. Customer acknowledges that developers are not responsible for fixing problems on Presentations once mass produced after Customer has tested proofed and approved their Presentation. Customer waives any claim for damages direct or indirect and agrees that its sole and exclusive remedy for damages either in contract or tort is the return of the consideration paid to Developers as set forth in Exhibit attached hereto. 8. Independent Contractor. Developers are retained as independent contractors. Developers will be fully responsible for payment of their own income taxes on all compensation earned under this Agreement. Customer will not withhold or pay any income tax social security tax or any other payroll taxes on Developers behalf. Developers understand that they will not be entitled to any fringe benefits that Customer provides for its employees generally or to any statutory employment benefits including without limitation workers compensation or unemployment insurance. 9. Equipment. Customer agrees to make available to Developers for Developers use in performing the services required by this Agreement such items of hardware and software as Customer and Developers may agree are reasonably necessary for such purpose. 10. General Provisions. 10 Entire Agreement. This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings written or oral between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by all of the parties hereto.
10 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 10 Binding Effect. This Agreement shall be binding upon and inure to the benefit of Customer and Developers and their respective successors and assigns provided that Developers may not assign any of his obligations under this Agreement without Customers prior written consent. 10 Waiver. The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect limit or waive such partys right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
10 Good Faith. Each party represents and warrants to the other that such party has acted in good faith and agrees to continue to so act in the negotiation execution delivery performance and any termination of this Agreement. 10 Ownership of Photographs and Media. Developers may use some of their own photographs and other media for the Presentation. Developers maintain ownership of the photographs and other media and only grant Customer non exclusive right to use those photographs and media and only on the Customers Presentation. 10 No Right to Assign.
Customer has no right to assign sell modify or otherwise alter the Presentation except upon the express written advance approval of Developers which consent can be withheld for any reason. 10 Right to Remove Presentation or Services. In the event Customer fails to make any of the payments set forth on Exhibit within the time prescribed in Exhibit Developers have the right to demand payment in full disable any tracking hosting or other services provided to the Customer by Developers whether covered under this agreement or not until such time that the account is paid in full. 10 Indemnification. Customer warrants that everything it gives Developers to put on the Presentation is legally owned or licensed to Customer. Customer agrees to indemnify and hold Developers harmless from any and all claims brought by any third party relating to any aspect of the Presentation including but without limitation any and all demands liabilities losses costs and claims including attorneys fees arising out of injury caused by Customers products services material supplied by Customer copyright infringement and defective products sold via the Presentation. 10. 10 Use of Presentation for Promotional Purposes.
Customer grants Developers the right to use the Presentation for promotional purposes including public display inclusion in Developers marketing material and programs and or to cross link it with other marketing venues developed by Developers now or in the future. 10. 11 No Responsibility for Theft. Developers have no responsibility for any third party copying reverse engineering or improper use of any or all of the Presentation. 10. 12 Right to Make Derivative Works. Developers have the exclusive rights in making any derivative works of the Presentation source code or other methods or practices developed and employed by the Developers. 10. 13 Attorneys Fees. In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement the prevailing party shall be entitled to recover its actual attorneys fees and costs including expert witness fees. 10. 14 Identification of Developers.
Customer agrees that Developers logos and web links will be placed on the credits page of the Presentation. Customer also agrees to put on Developers copyright notices on the Presentation and the relevant content therein. 10. 15 No Responsibility for Loss. Including Platform Compatibility Issues or User Behavior. Developers make no representations or warranties whatsoever regarding Hardware or Software platform compatibility Y2K issues Operating System compatibility and or any and all improper use of the Presentation by an end user individual or other third party. 10. 16 Transfer of Rights. In the event Developers are unable to continue maintenance of the Presentation non exclusive rights to the object code version of the Presentation will be granted to Customer. Transfer of Rights does not apply to non transferable third party licenses and proprietary Material owned by Developers. 10. 17 Replication of CD ROMs or other Digital Format.
Customer must use Developer to replicate any additional Presentations produced on CD ROM or other Digital Format DVD PAL Video or otherwise. 10. 18 Replication of Multimedia. Customer may not replicate any of the multimedia or artwork owned by Developer without the express written permission of Developer. 10. 19 Cover Art. Customer agrees there may be differences in printed and screen proofs of artwork and screened artwork on final mass duplicated CD ROMs. 10. 20 Reverse Engineering. Customer may not decompile deconstruct or otherwise reverse engineer the Presentation whether in whole or in part without the Developers prior approval.
10. 21 Final Approval. A final proof will be provided to Customer prior to mass production or replication and or release of any Digital Media and identified to the Customer as such. Customer assumes full responsibility to make sure that the final proof is correct in all capacities including but not limited to. grammar spelling information content artwork copyright and functionality. Developers shall not be held responsible for errors and omissions. 10. 22 Project Backups Copies or Source Maintenance. Developers shall only be responsible for maintaining backups copies or other versions of any source or master files whether developed by the Developers or not for period of one year from the date of this agreement. Customer agrees to hold the Developers harmless from any damage loss of data theft or other event that may occur to any photographs source code master or other digital files digital media print outs documents or other Customer owned material given to Developers during the course of this agreement. Customer may arrange in writing for developer copies to be maintained in escrow in the event developer goes out of business cannot maintain copies of source or master files or as otherwise required by the Customer. 10. 23 Expiration of Services Related to Project. Any externally linked services provided by Developers that the CD ROM may require including but not limited to. tracking features email hosting forwarding autoresponders submission forms general web hosting expire one year from the date of this agreement. External services related to CD ROMs and Presentations created by the Developers are not guaranteed to be fully functional in areas requiring access to Internet services after this date and may require an updated version be created at extra cost for updates and reduplication. Developers are not liable or responsible at any time for any damages resulting from any third party services the CD ROM or Presentation may use or changes made to externally linked services that are not provided directly by Developers. Developers will make every effort to test any third party or externally linked resources that the Customer requires and will present to the Customer proof that all externally linked services are present and in working condition prior to signoff and replication. Developers are not responsible for maintaining any of the data features or reports that third party services may provide. Each party represents and warrants that on the date first written above they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signature below. EXECUTED as of the date first written above. company name
By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed company name By signator authorized signature or signer.
Job title of signator authorized signature or signer. Date when the contact was signed Customer Initials Developer Initials