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PHOTOGRAPH LICENSE

This license (“License”) dated _____________________, is entered into between


_____________________ [PERSON/COMPANY PROVIDING THE PHOTOGRAPH]
(“Rights Holder”) and THE ORANGE COUNTY REGISTER its successors, licensees and
assigns (collectively “Company”) for the use of a photograph of _____________________
[SUBJECT/STUDENT IN THE PHOTOGRAPH] (the “Work”).

1. GRANT OF RIGHTS: Rights Holder irrevocably grants to Company a non-


exclusive, perpetual, world-wide, all-media license to use all or any portion of the Work, and also to
distribute, reproduce, modify, adapt, display, sublicense, and incorporate all or any portion of the
Work into other projects, postings, news stories, articles, communications or other works created by
Company (“Company Created Materials”) and to use the Work in any medium or format whether
fixed on paper, a website or other digital space, film, tape, disc, wire, audio-visual cartridge, CD-
ROM, cassette, or through any other technical process whether now known or hereafter devised and
to use the Work in any promotion, advertising, or marketing of Company Created Materials.
Company may edit, alter or otherwise modify the Work for any such uses as Company deems
appropriate.

2. CONSIDERATION: Rights Holder acknowledges that it has received


consideration for the use of the Work. No other payment, license fee or residual will be made to
Rights Holder for any use of the Work.

3. REPRESENTATIONS AND WARRANTIES: Rights Holder hereby represents and


warrants, and Company relies on these representations and warranties, as follows:

(a) Rights Holder is the sole owner of all rights in the Work or has the right to
sublicense the Work to others, and has the full right, without restriction or need to
obtain any additional approval, to enter into this License and that Rights Holder is at
least 18 years old.

(b) Company will not be required to obtain any further authorization, consent,
clearance or right from any other party and Company will not be required to pay any
use fees or royalties to any party in order to the use of the Work under this License.
This License is not subject to any collective bargaining agreement, union or guild in
connection with Company’s use of the Work.

(c) The use of the Work by Company will not violate the rights of any third party
such as for invasion of privacy, misappropriation of rights or publicity, defamation,
copyright infringement, or any other cause of action arising out of the publication,
production, distribution, advertising, broadcast, exhibition or any other use of the
Work by Company.

4. INDEMNITY: Rights Holder will indemnify and will hold Company harmless from
and against any loss, cost, damage, liability and expense, including reasonable attorneys' fees, arising
out of any claim which may arise from of Company's use of the Work.

5. ASSIGNMENT: Company may assign this License and all rights granted under the
License to any third party, as Company deems appropriate and this License will inure to the benefit of
Company, its successors or assignees. Rights Holder may not assign this License.
PHOTOGRAPH LICENSE

6. GOVERNING LAW: This License and all matters or issues material thereto will be
governed by the laws of the State or Commonwealth in which Company is incorporated or in which it
conducts business and Rights Holder consents to exclusive jurisdiction and venue in such State or
Commonwealth.

7. NO INJUNCTIVE RELIEF: Rights Holder agrees that, in the event of a failure,


omission or breach of this License by Company, the damage to Rights Holder is not irreparable or
sufficient to entitle Rights Holder to injunctive or other equitable relief. Consequently, Rights Holder's
rights and remedies in such event will be limited to the right to obtain damages at law. Rights Holder
may not terminate or rescind this License and waives the right to enjoin or restrain the development,
production, advertising, promotion, distribution, exhibition or exploitation of the medium in which the
Work is used and/or any of Company's rights pursuant to this License.

8. ENTIRE AGREEMENT: This License contains the entire understanding of the parties
relating to the rights granted and cannot be modified or amended except by a writing signed by both
parties. The attempted termination of this License for any reason will not affect Company’s rights granted
herein. This License will be effective only upon execution and delivery by both parties.

IN WITNESS WHEREOF, the parties hereto have executed this License as of the date first
written above.

ACCEPTED AND AGREED TO:

Sign Here
Signature of the Rights Holder

Print Name:

Title:

THE ORANGE COUNTY REGISTER


“Company”

By:

Title:

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