Photo Permission Agreement_FINAL

Photo Permission Agreement  _________________________ ("Licensor") is the owner of rights for the photograph described described below (the ( the "Selection"). "Selection"). _____________________________ ("Licensee") ("Licensee") wants to acquire the right to use the Selection as specified in this agreement (the "Agreement").

Licensor Information

Title of work (the "Selection"): "Selection"): ______________________________  Catalogue Catalogue number (if ap plicable): plicable): _______________________________  _______________________ ________  Photographer:_________________________________ 

Licensee Publication Information Information

The Selection will will appear ap pear in the following following publication(s) publication(s) (the (t he "Work"): (check if applicable and fill in blanks) [ ]

book--title: ___________________________ 

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periodical--title: periodical--title: ____________________________ 

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event handout--title of event: __________________________ 

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diskette--title: _____________________________ 

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website--URL: ______________________________ 

If to be used on a website, the Selection Selection will appear ap pear on: (check if applicable ap plicable)) [ ]

home page

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internal intern al page

 Name of publisher or sponsor sp onsor (if different different from Licensee): Licensee): _______________________  Estimated date(s) of publication or posting: _________________________  If applicable ap plicable,, the estimated number of copies to be printed or produced (if a book, the estimated first print run): _______________________________  If for sale, the price: $______________________ 

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If copies are free to attendees of a program, the cost of program: program:  ______________________  If a website, the averag averagee number of visitors visitors per month:_____________________  month:________________ _____  Grant of Rights

Licensor grants to Licensee and Licensee's successors and assigns, the: (select one) [ ]

nonexclusive nonexclusive

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exclusive exclusive

right right to reproduce and distribute the Selection Selection in: (select all that apply) [ ]

the current edition of the Work.

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all editions of the Work.

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all foreign language language versions of the Work.

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all derivative versions of the Work.

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all media/formats (including electronic) now known or later devised.

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promotional materials materials published and distributed in conjunction with the Work.

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other rights rights _________________________ __________________________________  _________ 

Territory

The rights rights granted under this Agreeme Agreement nt shall be for ___________________ (the ( the "Territory").

Fees

Licensee shall pay Licensor as follows: (select payment option and fill in blanks) [ ]

Flat Fee. As full payment for all rights granted, Licensee shall pay Licensor a flat

fee of: $_________. Payment Pa yment shall be made: made: [ ]

upon up on execution execution of this Agreement. Agreement. Page 2 of 4

[ ] [ ]

upon publication.

Royalties and Advance. Licensee agrees to pay Licensor a royalty of ______% of 

 Net Sales. Net Sales are defined as gross sales (the (t he gross gross invoice amount billed to customers) less quantity discounts and returns actually credited. Licensee agrees to pay Licensor Licensor an advance aga against inst royalties ro yalties of $_____________ u pon execution execution of this Agreement. Agreement. Licensee Licensee shall shall pay Licensor within thirt y (30) days of o f the end en d of each quarter. Licensee shall furnish an accurate statement of sales during that quarter. Licensor shall have the right right to inspect inspec t Licensee's Licensee's books upon u pon reasonable reasonable notice.

Credit & Samples

(check if applicable and fill in blanks) [ ]

Credit. All versions of the Work that include the Selection shall contain the

following statement: ___________________________________________________  [ ]

Samples. Upon Upo n publication, Licensee Licensee shall shall furnish __ copies of the Work to

Licensor. Notices

Licensee agrees to fully and completely comply with the marking provisions of the  patent, trademark and copyright laws of the United States for the Selection. Indemnity

Licensor agrees to defend and an d indemnify Licensee, its officers, directors, agents and employees, against all costs, expenses and losses (including reasonable attorneys’ fees and costs) incurred through claims of third parties against Licensee challenging the authenticity of the Selection or alleging that Licensee’s L icensee’s use of the Selection infringes the rights of another. Infringements

Licensor shall be obligated, at its own cost and expense, to institute an prosecute lawsuits against third persons for infringement of the rights licensed in this Agreement. Warranty

Licensor Licensor represents represent s and warrants that it is the owner own er of and controls all all right, right, title and

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interest in the Selection, Selection, that it i t has the right and power to grant grant permission for the uses of  the Selection Selection as specifie sp ecified d above, and that there t here are not other o ther agreem agreements ents with wi th any other   part y in conflict conflict herewith. Licensor Licensor further represents and warrants that the Selection Selection does not infringe any valid right right of any third party par ty.. (check if applicable ap plicable)) [ ]

Licensor warrants warran ts that a model release is on file for the Selection.

Miscellaneous

This Agreem Agreement ent may no t be amended except except in a written writ ten document signed signed by both b oth  parties. Nothing Noth ing contained herei herein n shall constitu te this arrangeme arrangement nt to be employment, a  joint venture or a partnership. If a court finds any p rovision of this Agreement Agreement invali invalid d or  unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties. This Agreement Agreement shall be governed governed by and an d interpreted interpre ted in accordance accordance with the laws of the State of ______________________. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior representations representation s and understandings. Licensor

By: ______________________   Name: _____________________  Title: _____________________  Address: _____________________  Date: ________________ 

Licensee

By: ______________________   Name: _____________________  Title: _____________________  Address: _____________________  Date: ___________________  Tax ID # ________________________ 

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