License Agreement for Photography Rights
Agreement: entered into as of 10/23/23, between Roslyn Riley, located at 1298 OAK DR EUGENE OR 97404 (hereinafter referred to as the "Client") and Nicholas Shafer D.B.A. Nick James Media, located at 834 Kelly Lane Eugene, OR 97404 (hereinafter referred to as the "Photographer") with respect to the licensing of certain commercial rights in the Photographer's photographs(s) (hereinafter referred to as the "Work").
1. Description of Work. The Client wishes to license certain commercial rights in the Work which the Photographer has created and which is described as follows:
Subject matter: Photographs of 1298 OAK DR EUGENE OR 97404
Form in which work shall be delivered: Edited individual photos
2. Delivery Date. The Photographer agrees to deliver the Work within 1 day of payment
3. Grant of Rights. Upon receipt of full payment, Photographer grants to the Client the following Non-exclusive Use Rights rights in the Work:
Intended Uses: Client to use the work for marketing purposes across all media types and parameters for advertising for short-term rentals. Except the further reselling to any other persons or businesses. Copyright remains with the photographer.
For the following time period: In perpetuity
With respect to the usage shown above, the Client shall have non-exclusive rights unless specified to the contrary here.
4. Reservation of Rights. All rights not expressly granted hereunder are reserved to the Photographer, including but not limited to all rights in preliminary materials and all electronic rights. For purposes of this agreement, electronic rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media as computer disks, CD-ROM, computer databases, and network servers.
5. Fee. Client agrees to pay the following: $10 per photo that the client chooses to use.
6. Additional Usage. If Client wishes to make any additional uses of the Work, Client agrees to seek permission from the Photographer and make such payments as are agreed to, in writing, between the parties at that time. The client agrees to not give photos to any other person or company for any purpose. The client shall direct interested parties to the photographer.
7. Alteration. Client shall be able to make or permit any alterations, whether by adding or removing material from the Work, without the permission of the Photographer. Alterations shall be deemed to include the addition of any illustrations, photographs, logos, sound, text, or computerized effects.
8. Payment. Client agrees to pay the Photographer 100% of the total fee after proofing and before work is delivered, which shall be dated as of the date of delivery of the Work. By making the payment, the Client accepts all work as-is and the project is considered fully complete.
11. Copyright Notice. Copyright remains with the Photographer. Copyright © Nicholas Shafer 2023. However, no physical display of copyright is needed by the Client for use of photos.
12. Credit. Credit in the name of the Photographer, Nick James Media. If the Work is used as a contribution to any other media other than the Client's website or social media, credit shall be given unless specified to the contrary in the preceding sentence: Permission from Photographer must be in writing to exclude credit.
13. Releases. The Client agrees to indemnify and hold harmless the Photographer against any and all claims, costs, and expenses, including attorney's fees, due to uses for which no release was requested, uses which exceed the uses allowed pursuant to a release, or uses based on alterations.
14. Arbitration. All disputes arising under this Agreement shall be submitted to binding arbitration and settled in accordance with the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. Disputes in which the amount at issue is less than $5000 shall not be subject to this arbitration provision.
15. Miscellany. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be governed by the laws of the State of Oregon.
By purchasing this photo you agree to the license agreement.
