This Commercial Photography Licensing Agreement (“Agreement”) outlines the terms and conditions for the use of photographs (“Photographs”) provided by the Photographer to the Client.
1. License Scope
The Photographer grants the Client a non-exclusive, non-transferable license to use the Photographs as described in the associated Shoot Agreement, subject to the terms outlined below.
2. Description of Licensed Work
The specific details of the Photographs, including the type of shoot, number of photos, and delivery format, are defined in the associated Shoot Agreement. This Agreement applies only to those Photographs.
3. Permitted Usage
The Client is permitted to use the Photographs as specified in the associated Shoot Agreement, which may include but is not limited to:
Advertising, promotional materials, social media, websites, etc.
Any additional terms, such as geographical or temporal limits, as agreed upon.
4. Usage Restrictions
Unless otherwise stated in the associated Shoot Agreement, the Client may not:
Use the Photographs beyond the scope of agreed usage.
Sell, transfer, sublicense, or distribute the Photographs to third parties without prior written consent.
Alter, edit, or manipulate the Photographs without prior written approval from the Photographer.
5. Copyright and Ownership
All copyright and intellectual property rights to the Photographs remain the sole property of the Photographer. The Client understands they are purchasing a license for specified use only and do not gain ownership of the Photographs.
6. Payment and Fees
The license fee and any additional charges are outlined in the associated Shoot Agreement. Payment terms and deadlines are as specified in that agreement.
7. Attribution
The Client shall provide credit to the Photographer as follows:
“Photo by [Photographer]” in all uses where credit is customary or required.
8. Indemnification
The Client agrees to indemnify and hold harmless the Photographer against any claims, damages, or liabilities arising from misuse of the Photographs by the Client or their agents.
9. Termination
This license is valid only for the duration and purpose specified in the associated Shoot Agreement. Upon termination or expiration of this Agreement, all usage rights revert to the Photographer, and the Client must cease using the Photographs unless a renewed license is agreed upon.
10. Governing Law
This Agreement shall be governed by the laws of Germany, without regard to conflict-of-law provisions.
11. Entire Agreement
This document, along with the associated Shoot Agreement, constitutes the entire agreement between the Photographer and the Client. It supersedes all prior agreements and understandings regarding the Photographs.