April 8, 2017

Terms and Conditions – Contract

PDF Version – GenericContractARCHITECTURAL_RealEstate2017

ERICK AMIRKHANIAN PHOTOGRAPHER   klikarts.com   818 416 7547

Date:

To: Client Name

From: Erick Amirkhanian Photographer DBA Klikarts Photography

Re Property:

Property Address:

CONFIRMATION/LIMITED LICENSE AGREEMENT

PHOTOGRAPHY DESCRIPTION:

Includes: Services Included in this contract

PHOTOGRAPHY FEES: $XXXX.XX

RIGHTS & USAGE:  Use of the image(s) described above, at rates to appear on the invoice, will be solely for [Client Name] for display, portfolio, public relations, marketing and web use. The image(s) described above may not be for used for paid placement in any media, print or electronic. No third party rights are granted. Additional rights may be negotiated. Any rights granted under this Limited License Agreement are non-assignable. All rights not specifically granted in this Limited License Agreement are reserved by Erick Amirkhanian. Photos may be uploaded to any MLS listing service solely for promotion of the Property during the pendency of this Agreement. However, regardless of any terms and conditions of the MLS, at no time does this Agreement provide Client with the right to transfer copyright, or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106. Photos may contain copyright management information (CMI) at the discretion of the Photographer in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to the Photographer for any penalties and awards available under the statute. Client is responsible for ensuring that the Photos are removed from MLS databases at the expiration of this Agreement. Unless otherwise specifically provided elsewhere in this document or other signed agreement between the parties, any grant of rights is limited to a term of either one (1) year from the date of this Agreement, or (2) at the termination of Client’s representation of the Property, whichever occurs first. Further use of images beyond one (1) year requires Photographer’s permission and additional fees. Rights are assigned to the Client immediately upon delivery of the Photos.

CONDITIONS OF TRANSACTION: The copyright to all images created and/or supplied pursuant to this Limited License Agreement remains the sole & exclusive property of Erick Amirkhanian. There is no assignment of copyright, agreement to do work for hire, or intention of joint copyright expressed or implied hereunder. The client is hereby granted a limited license according to the above usage specifications and in accord with the conditions expressed herein. Use beyond that defined here will require a separate license and additional fees. Violation of any of the terms of this Limited License Agreement and any unauthorized use will be prosecuted to the fullest extent of the law. No license is granted until full payment is received; any use without a valid license is copyright infringement.

DIGITAL DELIVERY: This assignment will be produced digitally and all images will be delivered to the client’s computer on-line via file transfer protocol (FTP). Erick Amirkhanian Photographer will not transfer any tangible personal property containing the photograph(s) such as CDs of DVDs. Photographer may select delivery of photographs in JPEG, TIFF, PNG, or other standard format, at a resolution that Photographer determines will be suitable for the Photos as licensed. It is the Client’s responsibility to verify that the Photos are suitable for reproduction and that if the Photos are not deemed suitable, to notify the Photographer with five (5)business days. Photographer’s sole obligation will be to replace the Photos at a suitable resolution but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages. Unless otherwise specifically provided, Photographer is not responsible to provide images 1) larger than 8”x10” at 300 dpi or 2) in a format higher than 8-bit or in RAW format. Photographer has no obligation to retain or archive any Photos delivered to Client.

POST-PRODUCTION: Standard post-production, including cropping, color correction, re-sizing and conversion from native camera format to TIF and/or JPEG is included in the photography cost. Additional post-production, further color corrections and refinements or digital repairs to remove obtrusive or distracting elements are considered additional system work and will be invoiced at $145/hour.

Please sign and date this page

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Client Initials

 

Date:       Erick Amirkhanian Photographer       Client/Assignment          page two

INCLUDED: Images created under the terms and conditions listed here may be used by CLIENT for marketing and public relations. Additional individuals, parties or companies wishing to use this photography will be subject to additional photography costs. 

NOT INCLUDED: The images created under the terms and conditions listed here may not be used by any other parties, companies or organizations other than CLIENT without the written permission in the form of an agreement with Erick Amirkhanian. The portfolio described above may not be shared, forwarded, given away or distributed in any media, print or electronic, without written permission in the form of an agreement with Erick Amirkhanian.

CANCELLATION:  If Client cancellation of this Agreement prior to 1) the Property shoot or 2) within one (1) month of this agreement, Client will pay any expenses incurred and a twenty-five (25)% cancellation fee. For Client cancellation within two (2) days of the Property shoot, Client is responsible for 100% of the fee and any expenses incurred.

NO EXCLUSIVITY:  This Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Photographer, and Photographer shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by Photographer.

INDEMNIFICATION:  Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Photos or materials furnished by Client. It is the Client’s responsibility to obtain the necessary model or property releases are ensure they are full effect and in force.

TRANSFER AND ASSIGNMENT:  Client may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties. However, the invoice may reflect, and Client is bound by authorizations that could not be confirmed in writing because of insufficient time or other practical considerations.

PROJECT COMPLETION: It is the client’s responsibility to insure the site is complete and ready to be photographed. If the photography crew arrives and the project is not ready for any reason, the full costs described herein will be charged to the client. It is the client’s responsibility to secure permission and access to the site and any points of view surrounding the area needed for camera positions. It is the client’s responsibility to insure essential lighting, ventilation, fixtures and furnishings are installed and in working order prior to the arrival of the photography crew. If the photography cannot be started or completed, for any reason, the entire amount described in this document will be charged to the client.

WEATHER: We take every precaution to schedule photography projects at the optimum time, observing and timing the variables such as sunlight, building orientation, time of year and weather. Occasionally nature intervenes and we may need to cancel or reschedule. There may be costs associated with these variables, usually out of pocket. The client will be charged for any re-shoots, travel expenses and production costs.

CREDIT: Editorial publication of any images covered by this agreement must be accompanied by a photo credit or the terms of this agreement become null & void. Credit should read: photo: Erick Amirkhanian

PAYMENT: The rights granted and terms for use of the photography described herein will become null and void if payment is not made in the manner described in this document. Use of the images described above will be revoked by the photographer/copyright holder if payment is delayed, disputed or not made for any reason.

PHOTOGRAPHER’S USE: It will be the intent of Erick Amirkhanian Photographer to make available for sale, license and/or publication in any media, the images created for this project to any interested third parties, suppliers, contributors, builders and/or magazines, publications or other entities interested in purchasing or publishing these images. Photos created for this project may be used on websites owned by Erick Amirkhanian Photographer for an indefinite period as well.

GENERAL LAW/ARBITRATION:  This Agreement sets forth the entire understanding and agreement of the parties, and supersedes any and all prior agreements between the parties. This Agreement shall be governed and interpreted and enforced in accordance with the laws of the State of California. Any claim or litigation arising out of this Agreement or its performance may be maintained only in courts physically located in Los Angeles California, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties.

 

Please sign and date this page

 

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Client Signature date