Model freundlich - Fotographen unfreundlich
http://www.law.columbia.edu/keep-your-c ... samples/20Sample Contract: Photo Session Agreement
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PHOTO SESSION AGREEMENT
Single Issue License. The photographs, digital images, or other recordings to be made of Artist (or Artist and any third parties) (the “Photographs”) are to be published once on the inside of the _ [date] issue of __ (the “Publication”).
Artist Approvals. All Photographs which Photographer intends to use first must be submitted to Artist for approval. The print, negative, or other material embodying disapproved Photographs will be promptly destroyed by the Photographer. This license will automatically expire without further notice if the article containing the approved Photographs is not published by the issue date above.
Alterations. At no time may Artist photographic image be altered by Publication. Any proposed post-production work to occur on any and all photographic images of Artist must be set forth in writing by Publication prior thereto and pre approved by Artist. Artist must have approval on any and all photographs that have been altered in any way, even if agreed to prior to photo session, before photos may be used in publication, and reserve the right to ask for approval of prints anytime thereafter before permission is given to use photos again.
Additional Licenses. Photographer will not make any further license or use of the Photographs for any retrospective or additional use by the Publication, advertising, promotional, publicity, commercial tie-in, merchandising, or other use and may not assign, auction, transfer, give away or otherwise dispose of the Photographs without first obtaining the written consent of Artist (or Artist’s representatives) in each instance. [Artist pre-approves the reproduction or display of a cover of the Publication bearing an Artist approved Photo in connection with the normal and customary consumer subscription marketing activities of the Publication (e.g., pre-addressed postage paid subscription order cards inserted in copies of the Publication), provided such use does not occur more than 12 months from the initial publication date of the Publication bearing the Photographs.]
Portfolio Use. Photographer may use approved Photographs for non-commercial, non-publication purposes to promote Photographer’s work to persons other than the general public, including promotional cards and portfolios, provided the Photographs are not displayed or transferred over the Internet. Gallery exhibits are subject to Artist’s (or Artist’s representatives) prior written approval in each instance.
Copyright. Copyright in the Photographs will be retained by Photographer, subject to the restrictions and Artist’s approval rights in this Agreement. Photographer agrees that no publication, distribution, reproduction, recording, display, or other right under copyright will be exploited by Photographer other than in strict conformity with this Agreement.
At Artist's request, Photographer will assign its enforcement rights to Artist so that Artist may enjoin or otherwise remedy a third parties’ violation of the terms, conditions, and restrictions of this Agreement.
Third Party Clearances. Photographer will be solely responsible for any and all other individual authorizations, releases, consents, clearances, licenses, and payments as may be necessary with respect to the use of the Photographs.
Reserved Rights. Any use of the Photographs not expressly licensed to Photographer hereunder is reserved by Artist, and Photographer acknowledges and agrees that Artist reserves all right, title and interest in Artist’s name, voice, likeness, merchandising, commercial tie-in, publicity rights, privacy rights, trademark rights, and other rights under applicable law.
Confidentiality. Photographer acknowledges that the privacy of Artist is highly valued and that all efforts are made to maintain confidentiality. Accordingly, Photographer agrees not to disclose any confidential, personal, or private information about Artist, Artist’s family, or Artist’s personal relationships at any time, or to write or assist in the writing or preparation of articles, news stories, books, or other productions or materials of any nature whatsoever about or referring to Artist.
Indemnity. Photographer shall indemnify and hold harmless Artist from any and all damages, costs, and expenses (including legal fees) arising out of or in connection with any unauthorized use of the Photographs by Photographer, or any party acting under the authority of Photographer, or any breach of Photographer's warranties, representations, or obligations hereunder.
Law. This Agreement shall be governed by and interpreted under the laws of California applicable to agreements made and to be fully performed therein, and where applicable, under U.S. Copyright Law. Photographer consents to the exclusive jurisdiction of the applicable state or Federal court located in Los Angeles County, California. Photographer acknowledges and agree that the damages caused Artist from a violation of this Agreement are irreparable, and that Artist may seek appropriate equitable or injunctive relief to prevent or remedy a violation of the terms hereof, in addition to damages. In any controversy respecting this Agreement, the prevailing party will recover its attorneys fees and costs. The license hereunder shall not become effective and Photographer may not use the Photographs unless and until a signed copy of this Agreement signed by Photographer is received by Artist.
AGREED TO AND ACCEPTED:
AGREED TO AND ACCEPTED
Mini Session Agreement Form
The agreement is put into place to secure a mini photo session with XXXYYYZZZ Photography and to ensure our expectations have been communicated. Please read this entire contract carefully. If you have any questions, please let me know before our session.
Thank you and I look forward to working with you!
XXXYYYZZZ Photography Mini Session Agreement Form
20 Minute Session $149
Mini Session Fee *
I understand that the mini session fee is $149 for 20 minutes. The mini session fee includes 5 digital images. Additional images can be purchased for $10 each.
I have read and accept the Mini Session Fee terms listed above.
Service Agreement and Liability *
The client agrees that XXXYYYZZZ Photography shall provide services to photograph to the best of our abilities. Every effort will be made to assure your satisfaction according to industry standards. Any artistic interpretations by the photographer will be deemed acceptable and correct. If you are not satisfied with your images through fault of XXXYYYZZZ Photography your images will be retaken. Notification of dissatisfaction must be received in writing within one week of receipt of images. In the event that photographic materials are damaged or lost through camera or computer malfunction the photographer liability will be limited to a retake of the session whenever possible or a refund of the cost of session fee if images cannot be retaken. If the session fee must be refunded, XXXYYYZZZ Photography will have no further obligation to the client. XXXYYYZZZ Photography is not responsible for any injury to the Client or Client's photographic party. Clients will be responsible for their children and themselves and release the Photographer from any claims.
I have read and accept the Service Agreement and Liability terms listed above.
Payment, Retainer and Cancellation Policy *
The full session fee is due at the time of booking. Upon receipt of this contract XXXYYYZZZ Photography will email you an invoice that can be paid securely online via PayPal. Once the contract is signed, session fee is paid, and your session time is confirmed, your appointment is fully booked. If session is cancelled with 72 hours written (via email) notice, your session fee can be refunded to you, or applied towards a rescheduled session with no rescheduling fee. If your session is cancelled with less than 72 hours notice, it is non-refundable. The Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond her control.
I have read and accept the Payment, Retainer and Cancellation Policy terms listed above.
Proofs will be completed within 2 weeks of the session date. Proofs will be placed in an online gallery for a period of 30 days to determine the final edited images that are chosen by the client. Proofs are not included with any package.
I have read and accept the Proofing terms listed above.
Final Digital Images *
5 digital images are included with a mini session. After reviewing the proofs, the final images will be chosen by the Client. XXXYYYZZZ Photography will edit and deliver only the final images chosen by the Client. Actual photo prints are not included but can be purchased through the Client’s personal online gallery.
I have read and accept the Final Digital Images terms listed above.
Copyright and Reproduction *
The client agrees that all copyrights and/or intellectual property rights for all photographs taken at the session shall be held exclusively by XXXYYYZZZ Photography. It is a violation of federal copyright law to allow photographs created by XXXYYYZZZ Photography to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered without our written permission. You agree not to make copies for sale or for the purpose of circumventing sale of the images by XXXYYYZZZ Photography. You agree not to scan, copy, or reproduce images in any manner without a written release. Once you purchase your digital images you will be given a print release that allows you to use the images for your own personal use. The print release does not allow publication of your portraits (i.e. entering into contests), selling or altering your images without the permission of XXXYYYZZZ Photography.
I have read and accept the Copyright and Reproduction terms listed above.
Model Release *
The Client grants XXXYYYZZZ Photography unrestricted rights to use and publish any images taken at the session for the promotion of its business and services. Including but not limited to: samples, website, Facebook, blog, internal and external promotion material, entry into photographic contests, editorial use, or for studio display. The Client releases all claim to profits that may arise from the use of the images.
I have read and accept the Model Release terms listed above.
Facebook/Social Media Uploads *
If any photos are uploaded to Facebook or any other social media website, the Client must give credit to XXXYYYZZZ Photography. In order to give credit to XXXYYYZZZ Photography you will need to tag "@XXXYYYZZZphotography" on each image. XXXYYYZZZ Photography will post some photos on Facebook. Please feel free to tag yourself in those photos
I have read and accept the Facebook/Social Media Upload terms listed above.
Final Agreements *
Please check all three options below to complete your contract.
I certify that I am over 18 years of age.
I understand that this is a legally binding document.
The undersigned have read and agreed to all terms and conditions on all pages of this agreement.
last one seems to be a pretty good contract