STANDARD TERMS AND AGREEMENT
1. RETAINER & PAYMENT: Client/Licensee shall reserve the time and date of services by signing and returning this contract. No date is reserved until the contract is received. By signing the contract, Client/Licensee agrees to pay the full amount set forth in the final invoice. The balance due for the photography services must be paid in full no less than 30 days after the shoot date. A $25 late fee per day will be charged to any outstanding invoice. In the event Client/Licensee fails to remit payment as specified, the Photographer/Licensor shall have the right to immediately terminate this agreement with no further obligation, retain any money already paid. Unless the contract is canceled, the retainer fee shall be applied to the photography fee total.
2. CANCELLATION: If for any reason the Client/Licensee cancels this contract before the agreed-upon date, Photographer/Licensor will keep the retainer. Cancellation must be made in writing, signed by the contracted party, and provided to the Photographer/Licensor 14 days prior to the shoot date. If the Client/Licensee fails to supply written cancellation as specified, Client/Licensee shall be required to pay the full balance due.
3. RESCHEDULE: In the event that the Client/Licensee reschedules, a new contract may be required. The new contract will reflect the pricing cost of equipment rentals for both dates. Client/Licensee forfeits the retainer if the shoot is rescheduled 14 days prior to the shoot date.
4. RESPONSIBILITIES: Photographer/Licensor will provide imagery within the aesthetic set forth in agreed upon mood boards. All photographic requests and requirements must be made in writing prior to the development of the shot list. Day of request and changes will be considered, however, can not be guaranteed.
5. DELIVERY: Images will be provided by download via a digital service within 45 business days after the shoot date.
6. CREDIT: Margaret Austin Photography must be credited and tagged in all publications of work including- print, online and social media.
CREDITS: ©Margaret Austin Photography www.margaretaustinphoto.com
6. IMAGE PROCESSING: Limited color correction and/ or retouching are included at Photographer’s discretion. Client/Licensee may request further changes for an additional charge.
7. MODEL RELEASE: This contract serves as a model release giving the Photographer/Licensor the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. Photographer/Licensor can grant use of the images to third parties and all compensation for use and credit for the images remains the property of Margaret Austin Photography. Client/Licensee waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client/Licensee, their legal representatives, heirs, and assigns.
LICENSING AGREEMENT
1. ASSET: Licensee wishes to obtain a license to use photography created by Margaret Austin Photography (the “asset”) in the state of California for
Unlimited Internal, website and social media usage NO Advertisement rights granted
2. LICENSE GRANT: Licensor grants to the licensee an exclusive, non-transferable license one year. To use the asset for the specified purpose specified in this agreement, subject to the terms and conditions set out in this agreement.
3.LICENSEE’S OBLIGATIONS: Licensee shall not distribute, sell, license, sublicense, assign, trade, or expose the asset to a third party. No changes/alterations to the asset or its content may be made by Licensee. Licensee shall ensure that the asset retains all Licensor copyright and trademark notices of Margaret Austin Photography.
4. INTELLECTUAL PROPERTY RIGHTS: Licensor shall be the sole and exclusive owner of all rights, titles, and interests to all the results and proceeds of all work related in any way to the asset, including all patents, copyrights, trademarks, trade secrets, moral rights, and other intellectual property rights.
5. COPYRIGHT: All photographs taken by Margaret Austin Photography are her property, will remain her property, and are protected by United States copyright laws (usc title 17). Licensee hereby waives any claims for ownership, income, editorial control, and use of the images. Violators of this federal law will be subject to its civil and criminal penalties.
MISCELLANEOUS
(A) LIMITATION OF LIABILITY: IN NO EVENT SHALL MARGARET AUSTIN PHOTOGRAPHY HAVE ANY LIABILITY TO CLIENT/LICENSEE FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN AVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND IN NO EVENT SHALL LICENSOR'S LIABILITY EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
(b) GOVERNING LAW: The validity, interpretation, construction and performance of this agreement, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the state of California, without giving effect to principles of conflicts of law.
(c) ENTIRE AGREEMENT: This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes all prior or contemporaneous discussions, understandings and agreements, whether oral or written, between them relating to the subject matter hereof.
(d) AMENDMENTS AND WAIVERS: No modification of or amendment to this Agreement, nor any waiver of any rights under this agreement, shall be effective unless in writing signed by the parties to this agreement. No delay or failure to require performance of any provision of this agreement shall constitute a waiver of that provision as to that or any other instance.