PORTRAIT GARAGE STUDIOS Photo Release & Licensing Agreement
CLIENTS ONLINE PHOTO RELEASE AGREEMENT
I hereby authorize Portrait Garage Studios to publish the photographs taken of me, and my name, for use in the Portrait Garage Studios printed/digital publications, marketing and website. I acknowledge that since my participation in publications and websites produced by Portrait Garage Studios is voluntary, I will receive no financial compensation. I further agree that my participation in any publication and website produced by Portrait Garage Studios confers upon me no rights of ownership whatsoever. I release Portrait Garage Studios by its contractors and its employees from liability for any claims by me or any third party in connection with my participation. Henceforth the client has full knowledge of entering a contractual agreement upon purchase of any of our services to be rendered. Therefore the client has full understanding of their digital contractual agreement due to the acquired service and the approval of purchase by the client. The right to use your photo and likeness will be given permission to Portrait Garage Studios whether the initial purchase was directly or through a third party seller. The clients receipt of purchase of any service immediately grants Portrait Garage Studios the right and legal use of the photo and/or photos or the likeness and/or image of the selected photo for our website and printed publication
ONLINE DIGITIAL LICENSING AGREEMENT
This Artist Licensing Agreement (the “AGREEMENT”) is entered into effective this date, of the purchase of the services between [Portrait Garage Studios] (“ARTIST”) and [Purchaser/Buyer] (“CLIENT”). All references to the Client in this Agreement shall include Client’s parent companies, affiliates, and subsidiaries.
Scope of this Agreement. This Agreement applies to any image, graphics, digital assets, or digital images created or taken by Artist and delivered to the Client (collectively known as “IMAGES”). This Agreement governs the relationship between the parties and in no communication or other exchange, shall modify the terms of this Agreement unless agreed to in writing.
Rights: All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of the Artist. This license provides the Client with the limited right to reproduce, publicly display, and distribute the Images only for the agreed upon terms as set forth in Portrait Garage Studios Standard Use of Photos. Images used for any purpose not directly related outside of those terms, must be with the express permission of Artist and may include the payment of additional fees, unless otherwise agreed to in writing.
Images may contain copyright management information (CMI) at the discretion of the Artist 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 Artist for any penalties and awards available under that statute.
Relationship of the Parties: The parties agree that Artist is an independent contractor, and that neither Artist, nor Artist’s employees or contract personnel are, or shall be deemed to be, employees of Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Artist and the Images or any other deliverables prepared by Artist shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.
Creation: The manner and method of creating any Image is solely at the discretion of Artist and the Client has no right to control Artist’s manner and method of performance under this Agreement. Artist will use his/her best efforts to: (a) ensure that the Images conform to Client’s specifications; and (b) submit all Images to Client in publishable quality, on or before the applicable deadlines.
Delivery: Artist may select delivery of photographs in JPEG, TIFF, PNG, or other standard format, at a resolution that Artist determines will be suitable for the Images as licensed. It is the Client's responsibility to verify that the Images are suitable for reproduction and that if the Images are not deemed suitable, to notify the Artist with five (5) business days. Artist’s sole obligation will be to replace the Images at a suitable resolution but in no event will Artist be liable for poor reproduction quality, delays, or consequential damages.
Unless otherwise specifically provided, Artist 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. Artist has no obligation to retain or archive any Images delivered to Client.
General Law/Arbitration: This Agreement sets forth the entire understanding of the parties, and supersedes all prior agreements between the parties. This Agreement shall be governed, interpreted and enforced in accordance with the laws of the State of [Texas]. Any claim or litigation arising out of this Agreement or its performance may be commenced only in courts physically located in [Bexar County] [Texas], 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, either party may request mediation and/or binding arbitration in a forum mutually agreed to by the parties.
Severability: If one or more of the provisions in the Agreement is found invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected. Any such provisions will be revised as required to make them enforceable.
Waiver: No action of either party, other than in writing agreed to by the parties, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such action will not preclude further exercise of other rights or remedies in this Agreement.
IN WITNESS WHEREOF, the parties have caused this Artist Licensing Agreement to be duly executed as of the date of purchase and inquiry of any of the following services to be rendered by Portrait Garage Studios.
I hereby authorize Portrait Garage Studios to publish the photographs taken of me, and my name, for use in the Portrait Garage Studios printed/digital publications, marketing and website. I acknowledge that since my participation in publications and websites produced by Portrait Garage Studios is voluntary, I will receive no financial compensation. I further agree that my participation in any publication and website produced by Portrait Garage Studios confers upon me no rights of ownership whatsoever. I release Portrait Garage Studios by its contractors and its employees from liability for any claims by me or any third party in connection with my participation. Henceforth the client has full knowledge of entering a contractual agreement upon purchase of any of our services to be rendered. Therefore the client has full understanding of their digital contractual agreement due to the acquired service and the approval of purchase by the client. The right to use your photo and likeness will be given permission to Portrait Garage Studios whether the initial purchase was directly or through a third party seller. The clients receipt of purchase of any service immediately grants Portrait Garage Studios the right and legal use of the photo and/or photos or the likeness and/or image of the selected photo for our website and printed publication
ONLINE DIGITIAL LICENSING AGREEMENT
This Artist Licensing Agreement (the “AGREEMENT”) is entered into effective this date, of the purchase of the services between [Portrait Garage Studios] (“ARTIST”) and [Purchaser/Buyer] (“CLIENT”). All references to the Client in this Agreement shall include Client’s parent companies, affiliates, and subsidiaries.
Scope of this Agreement. This Agreement applies to any image, graphics, digital assets, or digital images created or taken by Artist and delivered to the Client (collectively known as “IMAGES”). This Agreement governs the relationship between the parties and in no communication or other exchange, shall modify the terms of this Agreement unless agreed to in writing.
Rights: All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of the Artist. This license provides the Client with the limited right to reproduce, publicly display, and distribute the Images only for the agreed upon terms as set forth in Portrait Garage Studios Standard Use of Photos. Images used for any purpose not directly related outside of those terms, must be with the express permission of Artist and may include the payment of additional fees, unless otherwise agreed to in writing.
Images may contain copyright management information (CMI) at the discretion of the Artist 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 Artist for any penalties and awards available under that statute.
Relationship of the Parties: The parties agree that Artist is an independent contractor, and that neither Artist, nor Artist’s employees or contract personnel are, or shall be deemed to be, employees of Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Artist and the Images or any other deliverables prepared by Artist shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.
Creation: The manner and method of creating any Image is solely at the discretion of Artist and the Client has no right to control Artist’s manner and method of performance under this Agreement. Artist will use his/her best efforts to: (a) ensure that the Images conform to Client’s specifications; and (b) submit all Images to Client in publishable quality, on or before the applicable deadlines.
Delivery: Artist may select delivery of photographs in JPEG, TIFF, PNG, or other standard format, at a resolution that Artist determines will be suitable for the Images as licensed. It is the Client's responsibility to verify that the Images are suitable for reproduction and that if the Images are not deemed suitable, to notify the Artist with five (5) business days. Artist’s sole obligation will be to replace the Images at a suitable resolution but in no event will Artist be liable for poor reproduction quality, delays, or consequential damages.
Unless otherwise specifically provided, Artist 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. Artist has no obligation to retain or archive any Images delivered to Client.
General Law/Arbitration: This Agreement sets forth the entire understanding of the parties, and supersedes all prior agreements between the parties. This Agreement shall be governed, interpreted and enforced in accordance with the laws of the State of [Texas]. Any claim or litigation arising out of this Agreement or its performance may be commenced only in courts physically located in [Bexar County] [Texas], 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, either party may request mediation and/or binding arbitration in a forum mutually agreed to by the parties.
Severability: If one or more of the provisions in the Agreement is found invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected. Any such provisions will be revised as required to make them enforceable.
Waiver: No action of either party, other than in writing agreed to by the parties, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such action will not preclude further exercise of other rights or remedies in this Agreement.
IN WITNESS WHEREOF, the parties have caused this Artist Licensing Agreement to be duly executed as of the date of purchase and inquiry of any of the following services to be rendered by Portrait Garage Studios.
