Agreement 1: Photog Sign Up V1 2010
AGREEMENT FOR LICENSING OF IMAGES (hereinafter, “AGREEMENT”) The photographer or his legal representative (hereinafter, “AGENT”) agrees to license use of images to Look Swimwear Ltd. on behalf of Look Swimwear, as described herein
SECTION 1: User and use information.
AGENT: The photographer or legal representative authorized to grant this license for use of images.
The LICENSEE is Look Swimwear Ltd. The LICENSED USE is the permitted level of use designated by the AGENT and will conform so that images that the AGENT makes available to can be used on the Look Swimwear website for Commercial Use (www.lookswimwear.com). Commercial use is defined as use in and for the promotion of the Look Swimwear Bikini Contest including web sites that Look Swimwear does not expressly own or have a financial interest in. Promotion includes the use of web banners and or any form of digital photography in perpetuity.
SECTION 2: License fees
This license grants Look Swimwear the rights to use designated images on a royalty-free basis. In turn Look Swimwear grants the rights to the AGENT to use designated images on a royalty-free basis.
SECTION 3: Terms and Conditions.
1. The AGENT hereby grants to Look Swimwear Ltd. the non-exclusive right to use the IMAGES(S) designated within this AGREEMENT in perpetuity for the LICENSED USE designated by AGENT, and under the conditions set forth in this AGREEMENT.
Nothing herein contained shall be construed to restrict or prohibit the AGENT from entering into similar agreements with other persons with respect to any of the IMAGES(S) licensed or to be licensed to Look Swimwear Ltd.
IMAGES refer to photos of an agreed upon and approved model wearing a Look Swimwear bikini provided.
2. The AGENT does hereby represent and warrant that he or she is either a) the holder of the copyright of the IMAGE(S), or b) authorized to license IMAGES(S) by the copyright owner. The AGENT further represents and warrants that he or she has the full power and authority to enter into this AGREEMENT and grant to Look Swimwear the license rights described herein. AGENT shall indemnify and hold harmless Look Swimwear and Look Swimwear Ltd. from and against any and all claims, damages, causes of action, or expenses (including reasonable attorney’s fees) arising directly or indirectly from AGENT’s breach of any of the representations and warranties contained in this document.
3. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Illinois and any action hereunder may be duly filed within the jurisdiction of the State of Illinois.
4. No modification to this AGREEMENT shall be valid or binding unless made in writing and executed by both parties hereto.
5. AGENT agrees to have all models sign the Look Swimwear Ltd. Model Release Form on the date of their scheduled shoot and prior being shot or wearing any Look Swimwear merchandise.
6. AGENT agrees to provide a respectful environment for all models and to follow all Federal and State Laws. AGENT shall indemnify and hold harmless Look Swimwear and Look Swimwear Ltd. from and against any and all legal actions, claims, damages, causes of action, or expenses (including reasonable attorney’s fees) arising directly or indirectly from AGENT’s actions before, during and after the scheduled photo shoots. By submitting this form, the AGENT hereby declares full acceptance of this agreement.
7. AGENT hereby authorize any parties designated by Look Swimwear Ltd. (including clients, purchasers, agencies and periodicals or other printed/digital matter and their editors), their legal representatives, successors, and all persons or corporations acting with his permission, unrestricted permission to copyright and/or use, reproduce, and/or publish photographic portraits or pictures in conjunction with my name (or fictitious name), the negatives, transparencies, prints, digital images, or digital information pertaining to them, in still, single, multiple, moving or video format, audio format or in which I may be included in whole or part, or composite, or distorted in form, or reproductions thereof, in color or otherwise, made through any media on their website for the bikini contest with any lawful purpose in perpetuity.
8. AGENT hereby waives any right that he or she may have to inspect and approve the finished product or copy that may be used in connection with an image that Look Swimwear Ltd. or the use to which it may be applied. AGENT further releases Look Swimwear Ltd., or others for whom he is acting, from any claims for remuneration associated with any damage, foreseen or unforeseen, associated with the proper commercial or artistic use of these images. AGENT acknowledges that all photographic sessions were conducted in a completely proper and highly professional manner and that this release was willingly signed after the session. AGENT certifies that AGENT is more than 18 (Eighteen) years of age, and is free and able to give such consent.
9. By signing this document you are entering into a contract with Look Swimwear. At times and under certain circumstances Look Swimwear may choose to provide you access to products (Bikini or other Look Swimwear offerings) to You (Photographer) free of charge. In turn, You (Photographer) agree to provide Look Swimwear images of an agreed upon and approved model in this merchandise. Each bikini that Look Swimwear sends will be considered a separate and new commitment to the aforementioned terms in this photo release and consent form.
You further agree to the following time commitments: Thirty (30) days from the day you receive bikinis from Look Swimwear you (Photographer) will provide at least Sixteen (16) images of said model in the provided swimwear. In the event that you are unable to send in at least Sixteen (16) images to fulfill this agreement within Thirty (30) days, you agree to send back said bikinis(s) and pay for any return shipping costs without reimbursement for time, effort or actual shipping cost. Further you (Photographer) agree to pay an additional restocking fee of Fifteen dollars ($15). If Look Swimwear does not receive images within the Thirty (30) days, you will be responsible for the full retail value of any bikinis you received plus shipping costs. After 45 days, if Look Swimwear does not receive any images or the return of the bikini(s) you will be responsible for the cost of the bikini(s), shipping costs, as well as the collection fees associated with the recovery of said bikini(s).
*Any questions regarding this waiver can be directed to signup@lookswimwear.com