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1. DEFINITIONS:

This Agreement is between Avalon Photography LLC (“Photographer”) and [You] (“Client”) which includes Client’s principals, employees, affiliates, and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company, or organization. Photographer’s relationship with Client is that of an independent contractor.

“Image(s)” means all visual representations delivered to Client whether captured, delivered, or stored, in photographic, magnetic, optical, electronic, digital, analogue, 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). All Images and 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. No electronic publishing, or Internet use, of any kind is permitted unless specifically stated.

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 per the product. The term of licence begins from the date Photographer receives full payment of invoice.

The use of any Image(s) 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 any 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.

Any alteration or modification of the Image(s) will not constitute a work of joint authorship.



4. GENERAL LIABILITY and RELEASES:

Client will indemnify, defend, and hold harmless, Photographer, his contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, arising from Client’s use of the Image(s).

Photographer is not responsible for obtaining model, property, trademark, or other releases in connection with any Image(s) unless specifically stated in this Agreement. It is Client’s responsibility to obtain the necessary permissions for any Image uses that require a release.

It is Client’s responsibility to determine whether any releases delivered by Photographer are suitable for Client’s purposes.

In any event, Photographer’s liability for all claims will not exceed the total amount paid under this Agreement.



5. PAYMENT:

Time is of the essence for receipt of full payment under this Agreement.

NO RIGHTS ARE GRANTED UNLESS AND UNTIL PHOTOGRAPHER HAS RECEIVED FULL PAYMENT. ANY USE PRIOR TO FULL PAYMENT WILL BE CONSIDERED AN UNAUTHORIZED USE. CLIENT AGREES THAT THE REASONABLE AND STIPULATED AMOUNT THAT WILL BE PAID TO PHOTOGRAPHER FOR SUCH AN UNAUTHORIZED USE WILL BE DOUBLE THE INVOICE TOTAL.

All invoices are due upon receipt. Adjustments of amounts or terms must be requested within ten days of invoice receipt.

Photographer does not provide any receipts to Client. Photographer’s invoice will serve as Client’s receipt for work performed and services rendered.
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