THE SETH RESNICK SHORT FORM CONTRACT FOR ASSIGNMENT PHOTOGRAPHY
(the short form is faxed to client in advance)
(Please substitute YOUR NAME in spaces where it says Photographer's Name)
(Please change use to meet your needs )
(Please change state in section Q)

Date:

Name:

Magazine:

Fax number:

Phone:

From:

Our Phone:

Our Fax:
 
 

You have requested to have (PHOTOGRAPHER'S NAME) 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 Federal Express.
 
 

SUBJECT: xxxxxxxxx

USE REQUESTED: solely for English language use in The United States of America..The use granted herein is for one time non-exclusive print publication rights in one issue of the magazine of Client. This license is for English language use solely in the United States, and 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.

FEES: xxxxxxxxxx

IMAGE SIZE: xxxxxxxxxx

VALUE: ( IF ORIGINAL VALUE IS OTHER THAN $2000.00/ EA) IN EVENT OF LOSS /DAMAGE CLIENT AND PHOTOGRAPHER AGREE THAT EACH PHOTOGRAPH HAS AN AGREED VALUE OF NO LESS THAN $2000.00.

.
 
 

Client accepts delivery of said photographs expressly on the following conditions which embodies all of the understandings and obligations between the parties hereto.

ALL PHOTOS COPYRIGHT YEAR  BY (INSERT NAME)                          
A. Definitions:  "Photographer(s)" refers to  (INSERT YOUR NAME)  "Client" refers to the commissioning party named on the face of this agreement, and its representatives, successors, assigns, agents and affiliates.

B. Payment: FULL PAYMENT IS DUE PRIOR TO PUBLICATION.  ANY USE PRIOR TO PAYMENT SHALL BE CONSIDERED AN UNAUTHORIZED USE. Client agrees that reasonable and stipulated amount which shall be paid by client to photographer for use prior to payment shall be, three (3) times Photographer's normal fee for such usage. Time is of the essence for receipt of payment and return of photographs. No use rights of any kind including photocopies are granted until payment is received in full. FOR ANY INVOICE ABOVE $5,000.00 THE FOLLOWING TERMS ARE IMPOSED. 1/3 OF THE AMOUNT PAID IN ADVANCE OF SHOOT DAYS. 1/3 PAID PRIOR TO DELIVERY OF FILM. 1/3 PAID WITHIN  21 DAYS OF DELIVERY OF FILM. Unless otherwise granted in writing, the final invoice must be paid in full within 21 days of delivery of film.

C. Grant of Rights: Grant of reproduction rights hereunder is conditioned upon Client's written acceptance of the terms of this agreement, receipt of payment in full and placing of the required copyright notice on any uses of Photographer's work.  All rights not expressly licensed to Client in writing remain the exclusive property of Photographer. Unless otherwise stated on the face of this agreement, duration of license is one year from date, and license is for English language use in The United States of America only.
Photographs may not be reproduced, copied, projected, or used in any way without: (a) express written permission on photographer's invoice explicitly stating the rights granted and the terms thereof; and (b) payment of said invoice.  The reasonable and stipulated amount which shall be paid by client to photographer for any other use other than specified in this agreement shall be, no less than, five (5) times Photographer's normal fee for such usage.

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: Client assumes all risk for all photographic material supplied by (INSERT PHOTOGRAPHER NAME from time of receipt by client to time of actual return to Seth Resnick. Client agrees to return all such material in undamaged, unaltered and unretouched 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 on the face of this agreement. Client assumes insurer's liability for all loss, damage, or misuse of any photographs: and  to return all photographs prepaid, fully insured, undamaged, solely by FED EX.


F. 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 Seth Resnick unless otherwise indicated


G. Copyright Protection/Credit Line: If Non-Editorial: Client will  provide copyright protection by placing proper copyright notice on any use. Proper notice may be either "Copyright Client Name, Year-date of first publication" [which protects the whole and all of its component parts], or Copyright Photographers Name /( agency or company name here) 20__" adjacent to or within the photograph(s) [which protects the photographs].


If Editorial: Credit line in the form Copyright "© NAME AND YEAR" 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.

H. Indemnity: Client hereby indemnifies and holds  Photographer harmless against any and all liabilities, claims, and expenses, including reasonable attorney s fees, arising from its use of Photographer's work.Client assumes insurer's liability to indemnify Photographer for all loss, damage, or misuse of any photographs Client shall pay all expenses, including reasonable attorneys’ fees and costs associated therewith, which photographer may incur in affecting and protecting his rights and benefits under this agreement.

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 each photograph is the $2000.00, which is also agreed to be the amount of anticipated harm Photographer will suffer in the event of such loss or damage. Client further acknowledges that its acceptance of this liquidated damage amount is a material consideration for photographer’s delivery to client of the photographs subject to this agreement.


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 its reasonable attorney’s fees.

L. Model Releases:  Photographer is not responsible for obtaining model 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 by 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 Seth Resnick.

O. Overtime: In the event a shoot extends beyond eight (8) consecutive hours, Photographer may charge for such excess time of assistants and freelance staff at the rate of one-and-one half their hourly rates.

P. Reshoots: Client will be charged 100% fee and expenses for any reshoot required by Client.  For any reshoot required because of an act of God 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.

Q.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. 

R. Governing Law: This agreement incorporates by reference Articles II and III of the Uniform Commercial Code now in existence, in the INSERT STATE, and the Copyright Act of 1976 as amended. This agreement shall be deemed to be a contract made under the laws of the United States of America and the INSERT STATE 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 Name of State or the United States District Court for the INSERT STATE Client specifically waives all rights to contest each court proceeding on the grounds of personal jurisdiction, venue and forum non-convenience. Client shall pay all expenses, including reasonable attorney's fees and costs associated therewith, which photographer may incur in affecting and protecting his rights and benefits under this agreement.








FULL PAYMENT DUE WITHIN  TWENTY ONE (21) DAYS or PRIOR TO PUBLICATION WHICH EVER OCCURS FIRST.
Make check payable to:
NAME AND ADDRESS
SS No.  


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


PLEASE SIGN AND FAX BACK TO NAME AND FAX

____________________________       _________   
CLIENT SIGNATURE                                      DATE             

_______________        ________
PHOTOGRAPHER               DATE



 
 

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

PLEASE SIGN AND FAX BACK TO PHOTOGRAPHER

____________________________ _________

CLIENT SIGNATURE DATE
 
 

_______________ ________

PHOTOGRAPHER DATE
 
 
 

FULL PAYMENT DUE WITHIN TWENTY ONE (21) DAYS or PRIOR TO PUBLICATION WHICH EVER OCCURS FIRST.

Make check payable to:

PHOTOGRAPHERS NAME AND ADDRESS

 

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COPYRIGHT NOTICE All photographs, text and html coding appearing in the Seth Resnick Photography site are the exclusive intellectual property of Seth Resnick and are protected under United States and international copyright laws. The intellectual property MAY NOT BE DOWNLOADED except by normal viewing process of the browser. The intellectual property may not be copied to another computer, transmitted , published, reproduced, stored, manipulated, projected, or altered in any way, including without limitation any digitization or synthesizing of the images, alone or with any other material, by use of computer or other electronic means or any other method or means now or hereafter known, without the written permission of Seth Resnick and payment of a fee or arrangement thereof. No images are within Public Domain. Use of any image as the basis for another photographic concept or illustration is a violation of copyright. Seth Resnick Photography vigorously protects copyright interests. In the event that an infringement is discovered you will be notified and invoiced at the minimum10x the STANDARD FEE for unauthorized usage and/or prosecuted for Copyright Infringement in U S Federal Court where you will be subject to a fine of US$150,000 statutory damages as well as all court costs and attorneys' fees. By entering this site you are agreeing to be bound by the terms of this agreement. Entrance to site is expressly on these conditions which embodies all of the understandings and obligations between the parties hereto. ALL ENTRIES ARE LOGGED. To secure reproduction rights to any images by E-Mail send to  sethres@sethresnick.com   or call Seth Resnick Photography (305) 865-5457