Magazine Cover Photography Agreement

Magazine Cover Photography Agreement

This Magazine Cover Photography Agreement ("Agreement") is made effective as of by and between Publisher Name: ("Publisher") and Photographer Name: ("Photographer").

WHEREAS

WHEREAS, Publisher produces a periodical entitled Magazine Title: and seeks original photography for the cover of the Issue: ;

WHEREAS, Photographer represents that Photographer has the skill, equipment and personnel necessary to create the photographs described herein and that Photographer will deliver original, high-resolution cover images in accordance with the terms of this Agreement.

SCOPE OF WORK

Photographer shall provide photography services for the cover production as described below. Services include planning, photographing, post-production, and delivery of final files in formats and resolutions required for print and electronic publication.

Location of shoot:   Scheduled shoot date(s):

DELIVERABLES & ACCEPTANCE

Photographer will deliver final edited image files as follows:

Publisher shall have days from delivery to accept or reject the deliverables in writing. Unresolved deficiencies shall be corrected by Photographer at no additional charge if they are within the agreed Scope of Work.

RIGHTS, OWNERSHIP AND LICENSE

Copyright Ownership: Photographer retains copyright in the images unless a written assignment is executed. Select the rights conveyed to Publisher for use on the specified cover and promotional materials:

Exclusive, worldwide assignment of copyright to Publisher (assignment must be separately signed)
Perpetual, exclusive license for use on the specified Magazine Title cover and associated promotional materials worldwide
Non-exclusive license limited to one print issue and related digital edition

Moral Rights: Photographer hereby waives any moral rights to the extent permitted by law for uses authorized by this Agreement. Publisher agrees not to knowingly use images in a defamatory or unlawful manner.

CREDIT, RELEASES, AND WARRANTIES

Credit Line: Photographer shall be credited as follows whenever the image appears in print or online: Photographer Credit Line:

Photographer represents and warrants that Photographer is the sole author of the images, that the images are original, and that Photographer has obtained all necessary releases from models, property owners, and other third parties required for the uses granted herein. Photographer shall deliver copies of releases upon request.

PAYMENT TERMS

Total Fee: $

Payment Method:

Late Payment: Any amount not paid within days of the due date shall accrue interest at the rate of 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is lower, plus any reasonable collection costs and legal fees.

TERM AND TERMINATION

Term Commencement Date:   Term End Date:

Either party may terminate this Agreement for material breach by the other party if the breach remains uncured after written notice and a cure period of days. Publisher may terminate for convenience upon written notice to Photographer, in which event Publisher shall pay for all services performed and reasonable non-cancellable expenses incurred through the effective date of termination.

CONFIDENTIALITY

Each party shall keep confidential any non-public information received from the other party in connection with this Agreement, and shall not disclose such information to third parties except to employees, contractors and advisors who have a need to know and who are bound by confidentiality obligations. Confidential information does not include information that is or becomes publicly known through no breach of this Agreement, is independently developed without use of confidential information, or is required to be disclosed by law or court order (provided the disclosing party gives prompt notice where permitted).

INSURANCE; INDEMNIFICATION

Photographer shall maintain at Photographer's expense general liability insurance and, where applicable, equipment and workers' compensation insurance. Upon request Photographer shall provide certificates evidencing such insurance.

Each party shall indemnify, defend and hold harmless the other party from and against any third-party claims, liabilities, losses, damages and expenses (including reasonable attorneys' fees) arising out of the indemnifying party's breach of its representations, warranties or obligations under this Agreement, or out of negligence or willful misconduct.

LIMITATION OF LIABILITY

Except for claims arising from gross negligence, willful misconduct, or indemnification obligations, neither party shall be liable to the other for indirect, incidental, consequential, special or punitive damages. The aggregate liability of either party arising under or in connection with this Agreement shall not exceed the total fees paid to Photographer under this Agreement.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles. The parties agree to attempt in good faith to resolve disputes promptly by negotiation; if unresolved, disputes shall be resolved by binding arbitration in the same state, unless otherwise agreed in writing.

ENTIRE AGREEMENT; AMENDMENT

This Agreement, including any attachments and written statements of work signed by both parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings. Any amendment or modification must be in writing and signed by both parties.

MISCELLANEOUS

Assignment: Neither party may assign this Agreement without the prior written consent of the other, except that Publisher may assign to an affiliate or to a successor in interest in connection with a merger or sale of substantially all of Publisher's assets.

Notices: Notices under this Agreement shall be delivered in writing to the addresses set forth below or to such other addresses as a party may specify in writing.

SIGNATURES

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