Terms & Conditions
DIGITAL MEDIA FOR EDITORIAL SALES & USAGE TERMS
A. Definitions: "Photographer" refers to Rick Yeatts. "Client" refers to the commissioning party or company, its representatives, successors, assigns, agents and affiliates. “Types of usage”: one time magazine print publication, one time newspaper, web site (90 days from first day of usage), TV Broadcast (24 HOURS) Multiple usage fee’s will apply to multiple usage of the same digital image. “Digital Media” apply to digital images.
B. Payment: FULL PAYMENT MUST BE RECEIVED BY PHOTOGRAPHER BEFORE DELIVERY UNLESS OTHERWISE STATED ANY USE PRIOR TO PAYMENT SHALL BE CONSIDERED AN UNAUTHORIZED USE. FEES APPLY ALL “TYPES” OF USAGE AS STATED ABOVE. Absolutely no combine types of usage unless stated. Unauthorized use of any digital image will be billed to the client, three (3) times Photographer's fee as agreed to for usage of each digital image for each type of usage.
C. Grant of Rights: Grant of reproduction rights hereunder is conditioned upon Client's written acceptance of each term set forth in this agreement, including but not limited to, receipt of payment in full by Photographer and placing of the required copyright notice on each use of Photographer's work. All rights not expressly licensed to Client in writing remain the exclusive property of Photographer.
D. Mandatory Copyright Protection/Credit Line: For Editorial use, credit line in the form Copyright "© RICK YEATTS in type no smaller than that of related text must appear adjacent to or within the photograph(s) or fee is tripled; Client acknowledges that such a triple fee is fair and reasonable for photographer's loss of recognition and lack of copyright protection resulting from lack of, or improper, copyright notice/credit line.
E. Indemnity: Client hereby indemnifies and holds Photographer harmless against any and all liabilities, claims, and expenses, including reasonable attorney s fees, arising from Client's use of Photographer's work. Client assumes insurer's liability (a) to indemnify Photographer for all loss, damage, or misuse of any photographs, digital images delivered.
F. Default: In the event of non-payment or other breach of this Agreement by Client, Client shall pay all of Photographer's costs and expenses incurred in connection with enforcement of the terms of this agreement, including Photographer's reasonable attorney's fees. Client specifically and irrevocably confers personal jurisdiction over it by the courts of the State of Texas or the United States District Court for the District of the State of Texas. Client specifically waives all rights to contest each court proceeding on the grounds of personal jurisdiction, venue and forum non-convenience
G. Releases : Photographer is not responsible for obtaining model, property, or other releases in connection with any of the photographs licensed herein unless specifically stated herein.
H. Miscellaneous: Client may not assign or transfer this license. No alterations may be made in any of these provisions without the express written consent of the Photographer.
I. Client agrees that this contact is valid and enforceable upon delivery of any digital image by through photographers web site or delivered by photographer electronically or photographers representatives. Absolutely NO COMMERCIAL USAGE OF THIS IMAGE(S) UNLESS OTHER WISE STATED
DIGITAL MEDIA FOR EDITORIAL SALES & USAGE TERMS PDF Download Sign & Date Email to email@example.com