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Licensing Agreement

PHOTOGRAPHY AGREEMENT AND LICENSE – TERMS AND CONDITIONS

These terms and conditions govern our agreement. The terms in initial capitals have the meanings assigned to them above. Your use of the Products signifies your acceptance of these terms and conditions.

This Photographer Licensing Agreement (the “AGREEMENT”) is entered into per this transaction between Picture It Sold Photography (“PHOTOGRAPHER”) and the agent/homeowner/company representative (“CLIENT”).

Scope of this Agreement. This Agreement applies to any photograph, graphics, digital assets, or digital images created or taken by Photographer and delivered to the Client (collectively known as “PHOTOS”) for the property (“PROPERTY”). This Agreement governs the relationship between the parties and in no event shall any e-mail communication or other exchange, amend or otherwise modify the terms of this Agreement unless agreed to in writing.

Rights : We agree to provide you with the Products. If you have paid us in full, you have the Rights to use the Products. You agree that the Rights to use the Products have been granted only to you. You agree not to transfer, assign or sublicense your Rights to use the Products, or the photographs contained therein, to anyone without our written permission.

You agree that we will remain the owners of all the copyrights in the Products. ALL PHOTOGRAPHS ARE THE COPYRIGHT OF THE PHOTOGRAPHER. This agreement does not transfer copyright to you. You agree we reserve all rights not granted to you by this agreement. If we discover that someone is infringing on our copyright you agree to cooperate with us to help us stop the infringement or collect damages.

Your Rights permit you post our photographs on multiple listing services and make the Products available in your MLS listing for the Property. However, your Rights do not permit third-parties to copy, display or distribute our photographs for the purpose of providing services competitive with our Products unless we give you our written permission.

If anyone asks you for any of your Rights to the Products, you agree to refer them to us. If we agree to allow others to use the Products an additional licensing fee may be required. We agree not to use the Products in a way that interferes with your Rights.

You authorize us to come onto the Property and take photographs. You have the authority to allow us entry and permit us to take photographs. You promise to indemnify us, defend us, and pay the expenses of our defense, if a claim is made against us arising out of the services we perform for you.

Relationship of the Parties : We are an independent contractor and not your employee. You are not our agent and cannot make agreements for us. Photographer and the Photos or any other deliverables prepared by Photographer shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.

Creation : The manner and method of creating any Photographs is solely at the discretion of Photographer and the Client has no right to control Photographer’s manner and method of performance under this Agreement. Photographer will use his/her best efforts to: (a) ensure that the Photos conform to Client’s specifications; and (b) submit all Photos to Client in publishable quality, on or before the applicable deadlines.

Delivery : Photographer may select delivery of photographs in JPEG, TIFF, PNG, or other standard format, at a resolution that Photographer determines will be suitable for the Photos as licensed. When you receive the Products from us please check them to be sure they are acceptable. Any additional services requested after delivery of the Products will incur an additional fee. To avoid misunderstandings you agree to notify us in writing within five (5) business days of receipt of the Products if you believe they are not acceptable, in which case our sole obligation will be to replace the Products. In no event will we be liable for incidental or consequential damages of any kind.Unless otherwise specifically provided, Photographer is not responsible to provide images 1) larger than 8”x10” at 300 dpi or 2) in a format higher than 8-bit or in RAW format. Photographer has no obligation to retain or archive any Photos delivered to Client.

Fees : All fees and expenses payable under this agreement are required no later than fifteen (15) business days from the delivery of the Photos and payable irrespective of whether Client makes actual use of the Photos. If full payment has not been received within thirty (30) days all rights are revoked at Photographer’s discretion. In the event rights are revoked, all images in the possession of Client will be removed from all forms of media and permanently destroyed within ten (10) days. Client shall provide Photographer with written statement that all images have been removed and destroyed.

No Exclusivity : This Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Photographer, and Photographer shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by Photographer.

Transfer and Assignment : Client may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties. However, the invoice may reflect, and Client is bound by authorizations that could not be confirmed in writing because of insufficient time or other practical considerations.

Indemnification : Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Photos or materials furnished by Client. It is the Client’s responsibility to obtain the necessary model or property releases are ensure they are full effect and in force.

IN WITNESS WHEREOF, the parties have caused this Photographer Licensing Agreement to be duly executed with payment of the invoice.
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