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CUSTOM 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 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 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. 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. 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. 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 hardware or software requirements are listed on Exhibit attached hereafter. 8. General Provisions. 8 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. 8 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.
8 Binding Effect. This Agreement shall be binding upon and inure to the benefit of Customer and Photographer and their respective successors and assigns provided that Photographer may not assign any of his obligations under this Agreement without Customers prior written consent. 8 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. 8 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. 8 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.
8 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. 8 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. 8 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. 8. 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. 8. 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
GIVING NOTICE OF BREACH OF AGREEMENT DEMANDING CORRECTIVE ACTION current date company name address address
city state or province zip or postal code Phone phone number Fax fax number Re. Our Agreement Dear salutation last name The purpose of this letter is to give formal notice of your breach of our Agreement Insert the title of the contract or agreement which was breached dated start date. Specifically you are in breach of paragraph Insert Paragraph Breached here of the Agreement which provides that Insert description of what was breached Please be advised that if Insert corrective action that must be done will have no choice but to refer this matter to legal counsel for appropriate action.
Thank you in advance for your immediate attention to this matter. Sincerely first name last name job title
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
Job Number. contract reference number ADULT MODEL RELEASE For valuable consideration received undersigned hereby grant to company name Photographer the absolute and irrevocable right and unrestricted permission to use re use display distribute transmit publish re publish copy or otherwise exploit either in whole or in part stills or motion picture either digitally in print or in any other medium now or hereafter known for any purpose whatsoever and without restriction photographs taken of me my likeness or in which may be included Materials to alter the same without restriction; and to copyright the same. I understand and agree that Photographer may or may not use my name in conjunction with the photographs as he or she so chooses. I understand that all of my actions activities and speech may be recorded at any time and that the devices used for recording may not be apparent or obvious to me. I understand that Photographer may include or alter materials contained in any finished product that contains my image or likeness. Change may include but are not limited to. fictional or actual incidents characters names stories scenes events inventions advertising dialogue edits and changes to photos alterations airbrushing blurring distortion photo enhancement overdubs or changes and any other additions to any Material bearing my image or likeness.
I understand that waive all rights to inspect approve object or otherwise be consulted in any form concerning any Material or advertising produced bearing my likeness. I hereby release and discharge Photographer and his or her agents representatives and assignees from any and all claims and demands arising out of or in connection with the use of the photographs including without limitation any and all claims for intentional or unintentional acts or omissions invasion of privacy right of publicity and defamation; all claims of liability resulting from any personal property residual payments license fees taxes reuse of published Material or any other use of my likeness or image; all liability resulting from lost wages loss of employment consumption of alcoholic beverages infliction of emotional distress; and all liability for compensation for the Material or their rights granted here under. 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. 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. Binding Effect. This Agreement shall be binding upon and inure to the benefit of Photographer and their respective successors and assigns provided that Photographers may not assign any of his obligations under this Agreement without the undersigneds prior written consent. This release shall be binding upon me my heirs legal representatives and assigns. Consent. I represent that am and was over the age of eighteen years of age years of age for Nebraska and Alabama; years of age in Mississippi and Puerto Rico on the date the depiction of me was taken and to which this release applies. have the full and unrestricted right and legal capacity to enter into this agreement and have read the foregoing and fully understand its contents. have not and will not accept any third party compensation for my part or appearance in the Materials. If am currently member or have been member of Union acknowledge and agree that my appearance in the Materials is not and was not performance and am not entitled to any salary wages or compensation. The legal age may vary from state to state and country to country. Make sure that you are in compliance with the legal age within your location. Disputes. acknowledge that should any dispute arising out of this release my appearance in any of the Materials in part or in whole or any advertising of such Materials be made will submit such dispute in writing to company name. company name shall then have the absolute right and option to have the matter resolved by Binding Arbitration in the county County of state or province and acting under the rules of and appointed by the American Arbitration Association. Failure to enter into binding arbitration by either party at this point may require legal action in court of competent jurisdiction. Signature.
Print Full Legal Name. Print Stage Name. if applicable Social Security Number. Type of ID Verified. Job title of signator authorized signature or signer. Address. Date when the contact was signed It may not be legal to directly ask for someones age. Instead ask for verification by checking legal photo id such as drivers license and one other piece of identification and note the type of identification used to verify the models age.
IF AM UNDER THE AGE OF YEARS MY PARENT OR LEGAL GUARDIAN MUST SIGN BELOW. I the parent or guardian of the minor who signed the above release do herby consent to the signing of such an agreement and release and do herby agree to hold harmless and defend beneficiaries of the release against any claim that the minor may make before or after reaching the age of majority due to any use of the Materials as described in the above Model Release in any manner permitted by such release. I fully understand that any beneficiaries of the release are and will be relying upon my agreement and signature which are intended to induce them to accept the release. Signature of Parent or Legal Guardian. Date when the contact was signed Print Full Legal Name. Address. Phone Number.