Assignment Photography Contract

Address: ______________________________________

______________________________________

Phone: ______________________________

Fax:
________________________________

E-mail: _______________________________

Magazine: _______________________________

Address:
_______________________________

_______________________________

Phone: __________________________________

Fax: ____________________________________

E-mail:________________________________

You have requested to have Photographer photograph
an assignment. We ask you to sign, date, and return this to
us acknowledging our terms and conditions in advance. This procedure
alleviates any surprises when the material arrives. When we
receive the proper signatures, the assignment will be booked
and the subject contacted for the nearest available shoot date.
The material will be sent to you after the assignment via ____________________________________
or Federal Express.

• The use granted is for:
• _____one time  _____multiple time
  (reprints);
• non-exclusive;
• _____print, ____ web,  _____ promotion
  right(s) in  ____ one  _____multiple issue(s) or
  webpage(s) of the Client.

No rights herein may be transferred, or
assigned in whole or in part.  No other use rights are
granted herein. All use is billed against a minimum space
rate.

TERMS AND CONDITIONS

A. Definitions: “Photographer” refers
to <<YOUR NAME HERE>>.
“Client” refers to the commissioning party or company named
above, its representatives, successors, assigns, agents and
affiliates.

B. Payment: FULL PAYMENT MUST BE RECEIVED
BY PHOTOGRAPHER WITHIN THIRTY DAYS OF DELIVERY OR PRIOR TO PUBLICATION
WHICHEVER FIRST OCCURS.  ANY USE PRIOR TO PAYMENT SHALL
BE CONSIDERED AN UNAUTHORIZED USE. If unauthorized use occurs,
the Client agrees that a reasonable and stipulated amount shall
be paid by Client to photographer for such unauthorized use
and such amount shall be three (3) times Photographer’s customary
fee for such usage.

C. Grant of Rights: Grant of reproduction
rights hereunder is conditioned upon Client’s written acceptance
of each term set forth in this agreement, including but not
limited to, receipt of payment in full by Photographer and the
placing of the required copyright notice on each use of Photographer’s
work. All rights not expressly licensed to Client in writing
remain the exclusive property of Photographer. Unless otherwise
stated above, duration of license is six times the periodicity
of the publication or ninety (90) days which ever comes first.

D. Space Rates: All usage is quoted as
a minimum against space. Any additional space rate will be billed
as such upon publication.

E. Return of Photographs, Destruction of
Digital files & Return of Media: Client assumes all
risk for all photographic material supplied by Photographer
from time of receipt by Client to time of actual receipt of
photographs by Photographer. Client agrees to return all such
material in undamaged, unaltered and un-retouched condition
within thirty (30) days of receipt, or if a License is granted,
within three (3) months of receipt by client or by first publication
date, whichever is sooner, or such other period as is stated
in writing herein. Client agrees to destroy all digital files
within one week of reproduction.  If the files were sent
on digital media, all such material must be returned in undamaged
condition within thirty (30) days of receipt.

F. Film and Digital Media Holding Fees:
A holding fee of five dollars & fifty cents ($5.50) per
item per day shall be payable from the return date until time
of receipt by Photographer unless otherwise indicated.

G. Copyright Protection/Credit Line:
For Editorial use, credit line in the form Copyright “©<<Year
– date-of job>> <<YOUR NAME HERE>> in type no smaller than that of
related text must appear adjacent to or within the photograph(s)
or fee is tripled; Client acknowledges that such a triple fee
is fair and reasonable for photographer’s loss of recognition
and lack of copyright protection resulting from lack of, or
improper, copyright notice/credit line.  For Non-Editorial
use, Client will provide copyright protection by placing proper
copyright notice on any use. Proper notice may be either “©
Client Name, Year-date of first publication”, or “© <<Year
–date-of-job>> <<YOUR NAME HERE>>” adjacent to or within the photograph(s).
Notwithstanding the foregoing, Photographer reserves all rights
and remedies at law and in equity for damages resulting from
breach of its copyright in Photographs by Client.

H. Indemnity: Client hereby indemnifies
and holds Photographer harmless against any and all liabilities,
claims, and expenses, including reasonable legal fees, arising
from Client’s use of Photographer’s work. Client assumes insurer’s
liability (a) to indemnify Photographer for all loss, damage,
or misuse of any photographs: and (b) to return all photographs
prepaid, fully insured, undamaged, by bonded messenger or overnight
delivery service.

I. Loss or Damage: The parties acknowledge
that it is difficult if not impossible to determine the exact
value of each photograph subject to this agreement because of
the duration of copyright protection and its present and potential
value. Therefore, the parties have agreed that the reasonable
value for loss or damage of each photograph is a sum no less
than the amount indicated on the first page of this agreement.
Client further acknowledges that its acceptance of this liquidated
damage amount is a material consideration for photographer agreeing
to deliver to Client the photographs subject to this agreement.
In the event that Client infringes on Photographer’s copyright
in and to the works delivered herewith, then Photographer shall
be entitled to obtain immediate injunctive relief to prevent
further infringement and that Photographer shall not be required
to post a bond to obtain injunctive relief, or if a bond is
not waiveable, such bond shall not exceed $100.00. Photographer
shall be entitled to recover the greater of Photographer’s actual
damages, or statutory damages in a sum not to exceed $20,000.00,
in cases of non-willful infringement. In each instance, Photographer
shall be entitled to recover reasonable legal fees incurred
and related costs in enforcing Photographer’s rights under the
Canadian Copyright Act, and under each federal or ancillary
provincial law under which Photographer is awarded or granted
damages.

J. Alterations: Client will not make
or permit any alterations, additions, or subtractions in respect
of the photographs, including without limitation any digitalization
or synthesizing of the photographs, alone or with any other
material, by use of computer or other electronic means or any
other method or means now or hereafter known.

K. Default: In the event of non-payment
or other breach of this Agreement by Client, Client shall pay
all of Photographer’s costs and expenses incurred in connection
with enforcement of the terms of this agreement, including Photographer’s
reasonable legal fees.

L. Releases: Photographer is not responsible
for obtaining model, property, or other releases in connection
with any of the photographs licensed herein unless specifically
stated herein.

M. Copies: Client shall provide to Photographer
five (5) copies of each use of the photographs no later than
the date of first publication.

N. Miscellaneous: Client may not assign
or transfer this license. No alterations may be made in any
of these provisions without the express written consent of the
Photographer.

O. Reshoots: Client will be charged 100%
fee and expenses for any re-shoot required by Client. For any
re-shoot required because of an act of God, (other than inclement
weather which is addressed below) or the fault of a third party,
Photographer will charge no additional fee and Client will pay
all expenses. If Photographer charges for special contingency
insurance and is paid in full for the shoot, Client will not
be charged for any expense covered by insurance. A list of exclusions
from such insurance will be provided on request.

P. Cancellations: Cancellations and postponements:
Client is responsible for payment of all expenses incurred up
to the time of cancellation, plus 50% of Photographer’s fee.
If notice of cancellation is given less than two (2) business
days before the shoot date, Client will be charged 100% fee.
Weather postponements: Unless otherwise agreed, Client will
be charged 100% fee if postponement is due to weather conditions
on location and 50% fee if postponement occurs before departure
to location.

Q. Governing Law: This agreement shall
be interpreted and governed by the laws of Canada, all applicable
provincial legislation and international conventions including
the World Trade Organization’s Agreement on Trade Related
Aspects of Intellectual Property Rights. This agreement shall
be deemed to be a contract made under the laws of Canada and
the Province of <<YOUR PROVINCE HERE >> and for all purposes shall be interpreted
in its entirety in accordance with these laws. Client specifically
and irrevocably confers personal jurisdiction over it by the
courts of the Province of <<YOUR PROVINCE HERE>>. Client specifically waives
all rights to contest each court proceeding on the grounds of
personal jurisdiction, venue and forum non-convenience or other
rules of conflict.  In the event of any award or judgment
in favor of Photographer, or any settlement between Photographer
and Client, arising from effecting and protecting Photographer’s
rights and benefits hereunder and/or any aspect of this agreement,
Client shall pay all costs and expenses incurred by Photographer
and/or Photographer’s legal counsel related thereto, including,
but not limited to, reasonable legal fees, arbitration and court
costs, associated expenses, and legal interest on such award,
judgment, or settlement.

THIS CONTRACT MUST BE SIGNED BY CLIENT WITH A COPY RETURNED
TO THE PHOTOGRAPHER PRIOR TO ANY FINAL ARRANGEMENTS & OR
BOOKINGS.

PLEASE SIGN ALL PAGES AND FAX BACK TO PHOTOGRAPHER.

FULL PAYMENT DUE WITHIN THIRTY (30) DAYS
OF DELIVERY or PRIOR TO PUBLICATION WHICH EVER OCCURS FIRST.

Photographer
Date

Client
Date