im2c0ol
TPF Noob!
- Joined
- Apr 19, 2013
- Messages
- 57
- Reaction score
- 0
- Location
- New Orleans
- Can others edit my Photos
- Photos OK to edit
Hello,
I'm pretty new to Photography world. Going to do a 1hr-2hr shooting session portrait and headshot. This guy is a lawyer, and he brought up this agreement. Let me know if there's any disadvantage and should I agree to all this? I have no problem deleting all the photos after I done processing them through my computer Lightroom.
Justin: Here is the text of the Agreement, so you can review before tomorrow:
CONFIDENTIALITY AND EXCLUSIVE USE AGREEMENT
THIS CONFIDENTIALITY AND EXCLUSIVE USE AGREEMENT (“Agreement”
is made and entered into as of May __, 2013 by and between ___________________________ (“Photographer”, and CLIENT).
WHEREAS, CLIENT, is utilizing the expertise of Photographer, his employees, agents, affiliates and other representatives to provide photography services.
NOW, THEREFORE, in consideration for payment tendered by CLIENT in contemplation of the utilization of Photographer’ services, the parties hereby agree as follows:
1.All photos taken by Photographer of CLIENT on May 11, 2013 (“Photographs” shall be the exclusive property of CLIENT and shall not be used for any purpose by Photographer without the express written permission from CLIENT. CLIENT shall have the right to use Photographs on a royalty-free basis and may distribute, reproduce, modify, adapt and publicly display Photographs without compensation to Photographer.
2.Photographer agrees that he will not, at any time, without the prior written consent of CLIENT, disclose or use for his own benefit any Photographs of Ian Hlawati.
3.Photographer shall be permitted to disclose photographs of Ian Hlawati to the extent reasonably necessary in order for Photographer to perform his obligations to edit and retouch Photographs for tender to CLIENT.
4.Photographer acknowledges and agrees that CLIENT may be irreparably damaged in the event that Photographs are disclosed without his express written permission. Accordingly, Photographer agrees that CLIENT shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and shall have the right to specifically enforce this Agreement and the terms and provisions hereof in addition to any other remedy available at law or in equity.
5.Upon request by CLIENT, Photographer will return to the CLIENT, without making or taking copies thereof, all Photographs of the CLIENT, or upon request by Ian Hlawati destruction of all photographs, including real and digital copies thereof.
6. The obligations of Photographer regarding the non-disclosure under this Agreement shall survive the termination of this Agreement.
7. The provisions of this Agreement are severable, and if any one or more provisions may be determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions and any partially unenforceable provision, to the extent enforceable in any jurisdiction, shall nevertheless be binding and enforceable.
8.Failure to enforce any provision or provisions of this Agreement shall not in any way be construed as a waiver of any such provision or provisions as to the future violations thereof, nor prevent Ian Hlawati thereafter from enforcing each and every other provision of this Agreement. The rights granted herein are cumulative and the waiver of any single remedy shall not constitute a waiver of the right to assert all other legal remedies available under the circumstances.
9.This Agreement is the entire agreement of the parties with respect to the subject matter hereof and may not be changed orally, but only by an agreement in writing. This Agreement constitutes the entire understanding and agreement of the parties regarding the subject matter hereof and superseded any prior oral or written understandings or agreements and may not be modified, except in writing signed by all parties. This Agreement shall be construed in accordance with and be governed by the laws of the State of New York, without reference to New York’s choice of law rules.
The undersigned, have read the above Confidentiality Agreement and Exclusive Use Agreement, fully understand the terms and conditions of it and agree to be bound by same.
PHOTOGRAPHER
By:____________________________
Date: ____________________________
CLIENT
By:_____________________________
Date:_____________________________
I'm pretty new to Photography world. Going to do a 1hr-2hr shooting session portrait and headshot. This guy is a lawyer, and he brought up this agreement. Let me know if there's any disadvantage and should I agree to all this? I have no problem deleting all the photos after I done processing them through my computer Lightroom.
Justin: Here is the text of the Agreement, so you can review before tomorrow:
CONFIDENTIALITY AND EXCLUSIVE USE AGREEMENT
THIS CONFIDENTIALITY AND EXCLUSIVE USE AGREEMENT (“Agreement”
is made and entered into as of May __, 2013 by and between ___________________________ (“Photographer”, and CLIENT). WHEREAS, CLIENT, is utilizing the expertise of Photographer, his employees, agents, affiliates and other representatives to provide photography services.
NOW, THEREFORE, in consideration for payment tendered by CLIENT in contemplation of the utilization of Photographer’ services, the parties hereby agree as follows:
1.All photos taken by Photographer of CLIENT on May 11, 2013 (“Photographs”
shall be the exclusive property of CLIENT and shall not be used for any purpose by Photographer without the express written permission from CLIENT. CLIENT shall have the right to use Photographs on a royalty-free basis and may distribute, reproduce, modify, adapt and publicly display Photographs without compensation to Photographer.2.Photographer agrees that he will not, at any time, without the prior written consent of CLIENT, disclose or use for his own benefit any Photographs of Ian Hlawati.
3.Photographer shall be permitted to disclose photographs of Ian Hlawati to the extent reasonably necessary in order for Photographer to perform his obligations to edit and retouch Photographs for tender to CLIENT.
4.Photographer acknowledges and agrees that CLIENT may be irreparably damaged in the event that Photographs are disclosed without his express written permission. Accordingly, Photographer agrees that CLIENT shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and shall have the right to specifically enforce this Agreement and the terms and provisions hereof in addition to any other remedy available at law or in equity.
5.Upon request by CLIENT, Photographer will return to the CLIENT, without making or taking copies thereof, all Photographs of the CLIENT, or upon request by Ian Hlawati destruction of all photographs, including real and digital copies thereof.
6. The obligations of Photographer regarding the non-disclosure under this Agreement shall survive the termination of this Agreement.
7. The provisions of this Agreement are severable, and if any one or more provisions may be determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions and any partially unenforceable provision, to the extent enforceable in any jurisdiction, shall nevertheless be binding and enforceable.
8.Failure to enforce any provision or provisions of this Agreement shall not in any way be construed as a waiver of any such provision or provisions as to the future violations thereof, nor prevent Ian Hlawati thereafter from enforcing each and every other provision of this Agreement. The rights granted herein are cumulative and the waiver of any single remedy shall not constitute a waiver of the right to assert all other legal remedies available under the circumstances.
9.This Agreement is the entire agreement of the parties with respect to the subject matter hereof and may not be changed orally, but only by an agreement in writing. This Agreement constitutes the entire understanding and agreement of the parties regarding the subject matter hereof and superseded any prior oral or written understandings or agreements and may not be modified, except in writing signed by all parties. This Agreement shall be construed in accordance with and be governed by the laws of the State of New York, without reference to New York’s choice of law rules.
The undersigned, have read the above Confidentiality Agreement and Exclusive Use Agreement, fully understand the terms and conditions of it and agree to be bound by same.
PHOTOGRAPHER
By:____________________________
Date: ____________________________
CLIENT
By:_____________________________
Date:_____________________________
Last edited:
![[No title]](/data/xfmg/thumbnail/38/38742-02271ebbfd9d0efdddfac04f9fde5694.jpg?1619738704)
