Licensing Guide: Commercial Example – Modified Terms and Conditions – James Cavanaugh

Commercial Example

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Assignment Terms & Conditions

  1. James Cavanaugh owns the copyright to all photographs produced on this assignment. The client’s specific rights to use the photographs are stated on the front of this agreement.
  2. All prints, transparencies or other original reproductions will be made by James Cavanaugh unless authorized in writing by James Cavanaugh.
  3. Client may use the images, for the uses specified on the front of this agreement, for a period of one year, unless otherwise stipulated on the front of this agreement.
  4. Unless a copy is provided to the client, no model or property release exists. Client will indemnify and defend James Cavanaugh for misuse of any images. Client assumes full liability for its principals, employees, agents, affiliates, including, without limitation, for any misuse of the images.
  5. James Cavanaugh shall receive credit for images as specified: “Copyright 2016 James Cavanaugh.” Omission of required notice will be billed at double the license fee.
  6. Client may alter the photographs and digital files, including additions and subtractions. Client will indemnify and defend James Cavanaugh against all claims, liability, damages, costs and expenses arising out of the use of any photographs that are altered by the client.
  7. Client assumes full risk of loss or damages to any materials furnished or a facility provided or arranged by the client and agrees the materials or facilities are adequately insured against any loss, damage or liability.
  8. Client may not transfer this agreement or any photographs or digital files or any rights granted to a third party. No change in the terms of this agreement is binding unless set forth in writing and signed by the parties.
  9. The invoice may reflect, and Client is bound by, oral authorizations for changes in the scope of work for fees or expenses that could not be confirmed in writing because of insufficient time.
  10. Any dispute regarding this agreement shall be decided in court in Boston, Massachusetts under the laws of Massachusetts. Client shall pay all court costs, James Cavanaugh’s reasonable legal fees, expenses, and legal interest on any award or judgement to James Cavanaugh.
  11. Client hereby expressly consents to the jurisdiction of the Federal courts with respect to copyright claims by James Cavanaugh under the Copyright Act of 1976, as amended.
  12. In the event an assignment extends beyond eight (8) consecutive hours, James Cavanaugh may charge for such excess production time and time of assistants and freelance staff at the rate of one-and-one-half their hourly rates.
  13. Cancellation: If the client cancels an assignment, the client is responsible for payment of all expenses incurred up to the time of cancellation, plus 50 percent of James Cavanaugh’s license fee.
  14. Weather postponements: If James Cavanaugh advises against proceeding with an assignment due to weather concerns and the client elects to proceed and the weather prevents the assignment, the client will be charge all production fees and expenses incurred if postponement occurs after departure for location.
  15. Aerial photography can be affected by a number of factors including but not limited to climatic conditions, Federal Aviation Regulations, safety requirements, aircraft performance, and certain local laws. James Cavanaugh’s judgment as to the safe and effective execution of all aerial photography must be followed.For a number of reasons, under some circumstances, a person’s expectation from aerial photography may differ from the actual photograph that is taken. Although James Cavanaugh will use every effort to insure that the aerial photograph will correspond to client’s expectations, such aerial photography must be purchased as photographed, even if there is a deviation from the original layout or design.
  16. Client is responsible for sending an authorized representative to the assignment. If no representative is present, client must accept James Cavanaugh’s judgment as to the execution of the photographs.