1. DEFINITIONS:
This Agreement is between Zaman Photography (“Photographer”) and [You] (“Client”) which includes Client’s guests, principals, employees, and representatives. Client agrees that it has the legal authority to enter into this Agreement. Photographer’s relationship with Client is that of an independent contractor. “Image(s)” means the photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other, media.
2. USAGE RIGHTS and OWNERSHIP:
Client acknowledges that Photographer is the author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). The Image(s) and all copyrights remain the exclusive property of Photographer without limitation. All usage rights to the Image(s) specifically granted by Photographer to Client appear on the reverse side of this Agreement.
IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD.
Client understands and agrees that it is not buying the Image(s) but is paying only for a licence to use the Image(s) as specified below. The term of licence begins from the date Photographer receives full payment of invoice. Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable and nontransferable.
Any Image(s) may not be used in a logo, corporate identity, trademark or other service mark. The use of any Image(s) by Client will not constitute a work of joint authorship. Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer. Unless otherwise agreed, Photographer retains the right to use the Image(s) for his self-promotion.
3. PHOTOGRAPHIC INTEGRITY and ALTERATIONS:
Client will not make or permit any alterations, including, but not limited to, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer. Normal reproduction adjustments for color, contrast, brightness, sharpness, and cropping, are permitted.
Client may post to personal social media accounts, contingent upon tagging Photographer social media accounts.
Any alteration or modification of any Image(s) will not constitute a work of joint authorship.
− REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
4. ACCEPTANCE OF TERMS:
Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon, and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.
No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. Email and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.
In addition to oral and written agreements, use of any Image(s) by Client will constitute acceptance of all the above terms and conditions.
This Agreement constitutes the entire and only agreement between Photographer and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written.