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The Photo Reprint EULA (End User License Agreement) is meant for selling physical prints of your photography to your customers. Covers issues such as usage rights, reproduction rights, damage/fading, returns, and more.
Document Length: 4 Pages
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Alternate documents are those which may be used instead of this document depending on your situation. Alternate documents may be better suited for different size projects, more specialized projects, variations on rights, etc.

Alternate Documents:
Related documents may be used in conjunction with this document depending on your situation. Many related documents are intended for use as part of a contract management system.

Related Documents:
Photo Reprint EULA
Disclaimers: Proposal Kit, Inc. makes no warranty and accepts no responsibility for suitability of any materials to licensees business. Proposal Kit, Inc. assumes no responsibility or liability for errors or inaccuracies. Licensee accepts all responsibility for results obtained. Information included is not legal advice. Use of any supplied materials constitutes acceptance and understanding of these disclaimers.

Writing the Photo Reprint EULA document

PHOTO REPRINT EULA THIS END USER LICENSE AGREEMENT EULA is made this current day day of current month current year by and between company name Licensee doing business as web site domain URL and company name Customer Definitions Content Stock photography images or photo reprint provided to Customer by Licensee in the form of physical print. Content Metadata Information attached to Content including camera information locations creation dates captions and keywords. Customer The individual person or company who paid licensee fees for Content. Agreements

In consideration of the mutual covenants set forth in this Agreement Customer and Licensee hereby agree as follows. 1. Services. Licensee agrees to render Services to Customer as follows. Provide single physical photo reprint of purchased Content. Grant of license to use Content as outlined in this Agreement for which license fee has been paid in full by Customer. 2. Reproduction. Sizes are approximate. Due to differences in height and width proportions of the original image photo reprints may not always fit an exact print dimension i. e. 8x10 11x14 16x20 20x30 30x40. Customer agrees that at least one dimension may differ by one or two inches. Colors will not match exactly what Customer originally viewed on the Companys web site. Due to differences in each Customers monitor colors and inks used in different printers it is impossible to maintain color profiles between Customers computer monitors and service providers printers.

Prints are made on glossy paper. Prints will be made either from 35mm slide or digital image and will be printed either digitally or as standard slide enlargement depending on how the original image was captured. 3. Access Rights. Customer receives no digital access rights to Content. 4. Ownership Rights. Licensee and or original photographers shall retain all copyrights to Content provided Customer including copyrights to derivative works. Licensee has the rights to issue licensee to Content for fee to Customer. Customer does not acquire any ownership rights to the Content or the Content after modification into derivative work. 5. Usage Rights.

Customer is granted ownership of the physical print purchased for non commercial use. Customer may not duplicate or redistribute the Content by any means physically or digitally. Customer may not use the Content for any commercial editorial or other purpose for which stock photography is typically used. Customer may use the Content only for personal use as decor. Display of Content in single location can be in public view in private or commercial location. 6. Returns. There are no returns or exchanges on photo reprints unless damaged unless damaged by customer or deemed by customer to be of unacceptable quality. Photo reprints are custom printed when ordered and are not normally stocked product. Customer has days to request 100% refund reprint or exchange. 7. Compensation. For all of Licensees Services under this Agreement Customer shall compensate Licensee in cash pursuant to the terms of Exhibit attached hereto. In the event Customer fails to make any payment referenced in Exhibit by the deadline set forth in Exhibit Licensee 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 and revoke all license rights associated with the Content. 8. Termination of Agreement. If any part of this Agreement has been violated by Customer Licensee at its sole discretion may terminate Customers license to access and use the Content. Customer must immediately destroy any copies of Content and forfeit any fees paid to Licensee.

9. Limited Warranty and Limitation on Damages. Licensee warrants photo reprints to be free of damage. Physically damaged prints may be replaced if damage was caused before shipping. Prints physically damaged during shipping will be replaced at shippers expense. Damage caused by Customer such as bending scratching and finger prints is not covered and will be replaced at Customers expense. Damage caused by Customer will be replaced at cost plus 10% plus shipping and handling fees. There is no warranty on fading of photo reprints. Customer agrees to indemnify and hold Licensee harmless with respect to any claims loss lawsuit liability or judgment suffered by Customer which results from the use of any material provided by Licensee or execution of Service by Licensee or at the direction of Licensee which has been used in violation of this Agreement. Content is provided as is without any warranty on suitability for any specific purpose. Customer is fully responsible for use of Content and uses Content at Customers own risk. Licensee does not warrant that all Content Metadata will be completely accurate. Licensee does not make any representations for the rights to use any individuals name likeness or image in any Content or Content Metadata. 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 Licensee and their respective successors and assigns provided that Licensee may not assign any of Licensees 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 Indemnification. Customer agrees to indemnify and hold Licensee 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 any demands liabilities losses costs and claims including attorneys fees. 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 Licensee and that this shall be the sole remedy to Customer for damages under this Agreement. 10 Attorneys Fees. In the event that 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. 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 Licensee Initials

How to write my Photo Reprint Rights Agreement document (alternate or related contract document)

PHOTO REPRINT RIGHTS RELEASE DATE. current date Order #. WorkOrder Job Job title of signator authorized signature or signer. Insert Job Description here Photographer or Agency Name. company name address address city state or province zip or postal code Phone. phone number Photo Description. Format Provided. I the undersigned being duly authorized and having the right to grant reproduction rights to do hereby request you reprint the following materials as described below.

Authorized Signature. Date when the contact was signed Job title of signator authorized signature or signer. Note all fields are required to be completed.

How do you write a Exhibit A (Payment Terms) document? (alternate or related contract document)

Select an appropriate payment terms from the list of possible choices depending on the agreement being used with and delete the rest. For example if using project development contract use one of the first three milestone based payment terms. If using VAR Reseller contract or for general pricing use the payment terms pricing plan at the end of the list of plans below. EXHIBIT A PAYMENT TERMS 1. Customer agrees to pay Developers fee of Insert Total Payment Amount according to the following terms. A. 90% of the estimated price upon execution of the Agreement. 2. Customer agrees to the pay for all out of pocket expenses incurred by Developers in developing the project including but without limitation any. A. License fees B. Outsource services billed for Customer

C. Film and Developing D. Shipping E. Domain name registration F. Host costs for ISP G. Hardware and software

H. Travel 3. Customer agrees to pay for the Developers fee and all expenses as set forth above within days of invoice. All unpaid balances shall accrue interest at 2% per month. 4. Customer agrees that any changes customer makes to the specification may adversely affect the original estimate. Extra time incurred above and beyond the original specification will be billed at an hourly rate of hourly rate and is not subject to the costs estimates and caps in 1. above. 5. Customer agrees that estimated yearly maintenance costs are only estimates and are not included in the quoted price. EXHIBIT A PAYMENT TERMS

1. Customer agrees to pay Developers fee of Insert Total Payment Amount according to the following terms. A. 3 of the fee upon execution of the Agreement; B. 3 of the fee upon completion of Insert Key Payment Milestone C. The remaining upon completion per the specification. 2. Customer agrees to the pay for all out of pocket expenses incurred by Developers in developing the project including but without limitation any.

A. License fees B. Outsource services billed for Customer C. Film and Developing D. Shipping E. Domain name registration F. Host costs for ISP G. Hardware and software

H. Travel 3. Customer agrees to pay for the Developers fee and all expenses as set forth above within days of invoice. All unpaid balances shall accrue interest at 2% per month. 4. Customer agrees that any changes customer makes to the specification may adversely affect the original estimate. Extra time incurred above and beyond the original specification will be billed at an hourly rate of hourly rate and is not subject to the costs estimates and caps in 1. above. 5. Customer agrees that estimated yearly maintenance costs are only estimates and are not included in the quoted price. EXHIBIT A PAYMENT TERMS 1. Customer agrees to pay Developers an hourly fee according to the following terms. A. 10% of the estimate upon execution of the Agreement of Insert Total Payment Amount

B. Customer is billed at hourly rate per hour at the completion of each milestone. C. The customer will not be liable for more than Insert Maximum Amount Liable for in hourly work. 2. Customer agrees to the pay for all out of pocket expenses incurred by Developers in developing the project including but without limitation any. A. License fees B. Outsource services billed for Customer

C. Film and Developing D. Shipping E. Domain name registration F. Host costs for ISP G. Hardware and software H. Travel 3. Customer agrees to pay for the Developers fee and all expenses as set forth above within days of invoice. All unpaid balances shall accrue interest at 2% per month. 4. Customer agrees that any changes customer makes to the specification may adversely affect the original estimate. Extra time incurred above and beyond the original specification will be billed at an hourly rate of hourly rate and is not subject to the costs estimates and caps in 1. above.

5. Customer agrees that estimated yearly maintenance costs are only estimates and are not included in the quoted price. EXHIBIT A CREDIT CARD PAYMENT PLAN Authorization for credit card payments for development per Exhibit and B. Charges to be applied as Customer accepts each milestone. Customer accepts liability for all costs incurred including but not limited to chargebacks and reversals. Card Number

Expiration Date Name on Card Title Phone. phone number Fax. fax number Email. email address Company. company name Street. address address

City. city Country. country EXHIBIT A PAYMENT TERMS Pricing Plan. Insert your pricing plan here. Discounts. Insert any discounts available here.

Restrictions. Insert any restrictions here.

Writing the Self Service Photo Reprint EULA document (alternate or related contract document)

SELF SERVICE PHOTO REPRINT EULA THIS END USER LICENSE AGREEMENT EULA is made this current day day of current month current year by and between company name Licensee doing business as web site domain URL and company name Customer Definitions Self Service Print Do it Yourself printing where Customer purchases license for digital file to be downloaded by Customer and printed by Customer. Printing is done by Customer at Customers expense. Content Stock photography images provided to Customer by Licensee in the form of digital file. Content Metadata Information attached to Content including camera information locations creation dates captions and keywords. Customer The individual person or company who paid licensee fees for Content.

Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Licensee hereby agree as follows. 1. Services. Licensee agrees to render Services to Customer as follows. Provide digital file for downloading by Customer of the purchased Content. Grant of license to use Content as outlined in this Agreement for which license fee has been paid in full by Customer. 2. Reproduction. Sizes are approximate. Due to differences in height and width proportions of the original image photo reprints may not always fit an exact print dimension i. e. 8x10 11x14 16x20. Customer agrees that at least one dimension may differ by one or two inches. Colors will not match exactly what Customer originally viewed on the Companys web site. Due to differences in each Customers monitor colors and inks used in different printers it is impossible to maintain color profiles between Customers computer monitors and service providers printers.

Prints are to be made by the Customer from the downloaded Content. 3. Access Rights. Customer receives no digital access rights to Content for any other use. 4. Ownership Rights. Licensee and or original photographers shall retain all copyrights to Content provided Customer including copyrights to derivative works. Licensee has the rights to issue licensee to Content for fee to Customer. Customer does not acquire any ownership rights to the Content or the Content after modification into derivative work. 5. Usage Rights. Customer is granted ownership of the physical print purchased for non commercial use. Customer may not duplicate or redistribute the Content by any means physically or digitally other than for personal use. Customer may not use the Content for any commercial editorial or other purpose for which stock photography is typically used.

Customer may use the Content only for personal use as decor. Display of Content in single location can be in public view in private or commercial location. 6. Returns. There are no returns or exchanges on digital files. 7. Compensation. For all of Licensees Services under this Agreement Customer shall compensate Licensee in cash pursuant to the terms of Exhibit attached hereto. In the event Customer fails to make any payment referenced in Exhibit by the deadline set forth in Exhibit Licensee 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 and revoke all license rights associated with the Content. 8. Termination of Agreement. If any part of this Agreement has been violated by Customer Licensee at its sole discretion may terminate Customers license to access and use the Content. Customer must immediately destroy any copies of Content and forfeit any fees paid to Licensee.

9. Limited Warranty and Limitation on Damages. Customer agrees to indemnify and hold Licensee harmless with respect to any claims loss lawsuit liability or judgment suffered by Customer which results from the use of any material provided by Licensee or execution of Service by Licensee or at the direction of Licensee which has been used in violation of this Agreement. Content is provided as is without any warranty on suitability for any specific purpose. Customer is fully responsible for use of Content and uses Content at Customers own risk. Licensee does not warrant that all Content Metadata will be completely accurate. Licensee does not make any representations for the rights to use any individuals name likeness or image in any Content or Content Metadata. 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 Licensee and their respective successors and assigns provided that Licensee may not assign any of Licensees 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 Indemnification.

Customer agrees to indemnify and hold Licensee 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 any demands liabilities losses costs and claims including attorneys fees. 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 Licensee and that this shall be the sole remedy to Customer for damages under this Agreement. 10 Attorneys Fees. In the event that 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. 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 Licensee Initials

A Document from Contract Pack

The editable Photo Reprint EULA template - complete with the actual formatting and layout is available in the retail Contract Packs.
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