PHOTO LICENSING AGREEMENT
1. Introduction
This Photo Licensing Agreement ("Agreement") is entered into on [Date], ("Effective Date") by and between [Photographer's Name], ("Photographer"), and [Your Company Name], ("Licensee").
2. Definitions
2.1 Photograph(s)
Refers to the images captured by the Photographer and subject to this Agreement.
2.2 Licensee
Refers to the business or organization obtaining the rights to use the Photographs under this Agreement.
2.3 License
Refers to the permission granted by the Photographer to the Licensee for the use of the Photographs as outlined in this Agreement.
3. Grant of License
The Photographer hereby grants the Licensee a non-exclusive license to use the Photographs for advertising, marketing materials, product packaging, or other promotional purposes as outlined in this Agreement.
The duration of this license shall be one year, commencing on the Effective Date and expiring upon the completion of the specified use.
4. Scope of Use
The Licensee is permitted to use the Photographs solely for the purposes outlined in this Agreement.
The Licensee shall not:
Reproduce, distribute, or display the Photographs for any purpose other than those specified without prior written consent from the Photographer.
Sell, sublicense, or transfer the rights granted under this Agreement to any third party without the Photographer's express written consent.
5. Ownership and Copyright
The Photographer retains all ownership and copyright of the Photographs. The license granted under this Agreement does not transfer ownership or copyright to the Licensee.
6. Payment
In consideration for the license granted herein, the Licensee shall pay the Photographer the agreed-upon fee of $500 in USD within 30 days of the Effective Date.
Payment shall be made via bank transfer.
7. Attribution
The Licensee shall provide credit to the Photographer when using the Photographs in the following format: "[Photographer's Name], [Year], [Copyright Notice]."
Attribution shall be placed adjacent to the Photograph or in a visible location.
8. Exclusivity
The license that is currently under discussion or being referred to, is identified as non-exclusive. This term, in its simplest form, signifies that the Photographer to whom it has been granted is bestowed the right and the power to give out similar licenses to other parties. These other parties might include anyone who has expressed an interest in obtaining such a license, or those who have demonstrated a willingness to do so.
9. Term and Termination
This Agreement shall remain in effect for one year from the Effective Date unless terminated earlier as provided herein.
Either party may terminate this Agreement upon written notice if the other party breaches any material provision of this Agreement and fails to cure such breach within 15 days.
10. Indemnification
Each party is required to make certain that the other party does not suffer any financial loss or harm. This includes any claims, damages, or liabilities that may come as a result of using the photographs as mentioned under the terms and conditions of this agreement. Therefore, if any such situation arises, it is the responsibility of the party involved to reimburse the other party for any loss and ensure their safety and protection.
11. Governing Law
This Agreement shall be governed by and construed under the laws of [Jurisdiction]. Any disputes arising under this Agreement shall be resolved exclusively by the courts of [Jurisdiction].
12. Miscellaneous
12.1 Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements.
12.3 Severability
If any provision of this Agreement is found to be invalid, the remaining provisions shall remain in effect.
12.4 Amendment
Any changes to this Agreement must be made in writing and signed by both parties.
12.5 Notice
All official communications shall be in writing and delivered to the addresses listed in this Agreement.
12.6 Force Majeure
Neither party shall be liable for delays or failures caused by circumstances beyond their control.
13. Signatures
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
[Your Name]
[DATE SIGNED]
[Photographer's Name]
[DATE SIGNED]
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