Sample Contract: Photo Session Agreement (Creator-Unfriendly)
PHOTO SESSION AGREEMENT
ARTIST: “Artist”
LOCATION: DATE:
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Third Party Clearances. Photographer will be solely responsible for any and all other individual authorizations, releases, consents, clearances, licenses, and payments as may be necessary with respect to the use of the Photographs.
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Reserved Rights. Any use of the Photographs not expressly licensed to Photographer hereunder is reserved by Artist, and Photographer acknowledges and agrees that Artist reserves all right, title and interest in Artist’s name, voice, likeness, merchandising, commercial tie-in, publicity rights, privacy rights, trademark rights, and other rights under applicable law.
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Confidentiality. Photographer acknowledges that the privacy of Artist is highly valued and that all efforts are made to maintain confidentiality. Accordingly, Photographer agrees not to disclose any confidential, personal, or private information about Artist, Artist’s family, or Artist’s personal relationships at any time, or to write or assist in the writing or preparation of articles, news stories, books, or other productions or materials of any nature whatsoever about or referring to Artist.
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Indemnity. Photographer shall indemnify and hold harmless Artist from any and all damages, costs, and expenses (including legal fees) arising out of or in connection with any unauthorized use of the Photographs by Photographer, or any party acting under the authority of Photographer, or any breach of Photographer's warranties, representations, or obligations hereunder.
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Law. This Agreement shall be governed by and interpreted under the laws of California applicable to agreements made and to be fully performed therein, and where applicable, under U.S. Copyright Law. Photographer consents to the exclusive jurisdiction of the applicable state or Federal court located in Los Angeles County, California. Photographer acknowledges and agree that the damages caused Artist from a violation of this Agreement are irreparable, and that Artist may seek appropriate equitable or injunctive relief to prevent or remedy a violation of the terms hereof, in addition to damages. In any controversy respecting this Agreement, the prevailing party will recover its attorneys fees and costs. The license hereunder shall not become effective and Photographer may not use the Photographs unless and until a signed copy of this Agreement signed by Photographer is received by Artist.
AGREED TO AND ACCEPTED:
PHOTOGRAPHER
AGREED TO AND ACCEPTED
PUBLISHER/EDITOR