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Photo Permission Agreement
_________________________ ("Licensor") is the owner of rights for the photographdescribed below (the "Selection"). _____________________________ ("Licensee")wants to acquire the right to use the Selection as specified in this agreement (the"Agreement").
Licensor Information
Title of work (the "Selection"): ______________________________ Catalogue number (if applicable): _______________________________ Photographer:_________________________________
Licensee Publication Information
The Selection will appear in the following publication(s) (the "Work"):(check if applicable and fill in blanks)[ ] book--title: ___________________________ [ ] periodical--title: ____________________________ [ ] event handout--title of event: __________________________ [ ] diskette--title: _____________________________ [ ] website--URL: ______________________________ If to be used on a website, the Selection will appear on:(check if applicable)[ ] home page[ ] internal page Name of publisher or sponsor (if different from Licensee): _______________________ Estimated date(s) of publication or posting: _________________________ If applicable, the estimated number of copies to be printed or produced (if a book, theestimated first print run): _______________________________ If for sale, the price: $______________________
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If copies are free to attendees of a program, the cost of program: ______________________ If a website, the average number of visitors per month:_____________________
Grant of Rights
Licensor grants to Licensee and Licensee's successors and assigns, the:(select one)[ ] nonexclusive[ ] exclusiveright to reproduce and distribute the Selection in:(select all that apply)[ ] the current edition of the Work.[ ] all editions of the Work.[ ] all foreign language versions of the Work.[ ] all derivative versions of the Work.[ ] all media/formats (including electronic) now known or later devised.[ ] promotional materials published and distributed in conjunction with the Work.[ ] other rights __________________________________
Territory
The rights granted under this Agreement shall be for ___________________ (the"Territory").
Fees
Licensee shall pay Licensor as follows:(select payment option and fill in blanks)[ ]
Flat Fee.
As full payment for all rights granted, Licensee shall pay Licensor a flatfee of:$_________. Payment shall be made:[ ] upon execution of this Agreement.
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[ ] upon publication.[ ]
Royalties and Advance.
Licensee agrees to pay Licensor a royalty of ______% of Net Sales. Net Sales are defined as gross sales (the gross invoice amount billed tocustomers) less quantity discounts and returns actually credited. Licensee agrees to payLicensor an advance against royalties of $_____________ upon execution of thisAgreement. Licensee shall pay Licensor within thirty (30) days of the end of each quarter.Licensee shall furnish an accurate statement of sales during that quarter. Licensor shallhave the right to inspect Licensee's books upon reasonable notice.
Credit & Samples
(check if applicable and fill in blanks)[ ]
Credit.
All versions of the Work that include the Selection shall contain thefollowing statement: ___________________________________________________ [ ]
Samples.
Upon publication, Licensee shall furnish __ copies of the Work toLicensor.
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 indemnify Licensee, its officers, directors, agents andemployees, against all costs, expenses and losses (including reasonable attorneys’ feesand costs) incurred through claims of third parties against Licensee challenging theauthenticity of the Selection or alleging that Licensee’s use of the Selection infringes therights of another.
Infringements
Licensor shall be obligated, at its own cost and expense, to institute an prosecute lawsuitsagainst third persons for infringement of the rights licensed in this Agreement.
Warranty
Licensor represents and warrants that it is the owner of and controls all right, title and
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