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Agreement With Photographer
The following states the agreement concerning your assignment to take photographs for [Publication Name] magazine.
1. When the pictures are scheduled to appear in [Publication Name], we will make payment to you as set forth below. We will also reimburse you for normal and reasonable traveling expenses and for the reasonable cost of material, processing and printing incurred by you on the assignment provided that any expense in excess of ......... dollars ($......) must be pre-approved in writing by [Publication Name]. Reimbursement will be made after we receive a statement itemizing such expenses and costs accompanied by receipts where applicable.
2. You hereby grant us the following rights with respect to the photograph(s) taken on this assignment.
(a) The right to publish any photograph(s) selected by us in one issue of [Publication Name], and the right to reproduce, use and distribute such photograph(s), but only as part of such issue, in any manner or media whatsoever, throughout the world without limitation.
(b) To use any of the photograph(s) taken on assignment for the advertising and promotion of [Publication Name] magazine.
(c) To use the photograph(s) in an anthology or retrospective work to be offered for sale, along with other materials from [Publication Name] magazine, in which event we will pay you an amount to be mutually agreed upon, but not more than ........... percent (.....%) of the fee initially paid to you in connection with this assignment.
(d) To choose and keep for our files the transparencies published in the magazine and ...... (....) rejects from each pose used with the understanding that we may publish any of them in a future issue of [Publication Name], and in such an event, we will pay you our standard use rate. If you request it, we will return the rest of the photographs at your expense.
(e) To use one or more of the photographs taken on this assignment in any booklets or books published or distributed by us, in which event we will pay you ...... dollars ($.....).
(f) The right to authorize publication (and translation, if necessary) of the material in one issue of each "foreign edition" of [Publication Name] magazine (i.e., a foreign publication regularly authorized by [Publication Name] to publish current materials from [Publication Name] magazine); and [Publication Name] will pay you ......... percent (....%) of [Publication Name] standard page rate for each page on which one or more of your photographs appear in a "foreign edition."
3. All other rights belong to you. However, before you use or authorize any use of the photograph(s) elsewhere, you will obtain the written permission of [Publication Name] and the person(s) photographed. Also, you will not authorize or permit the publication of the photograph(s) elsewhere until ..... (....) months after their publication in [Publication Name]. You will deliver to us, and we may retain, custody of all negatives and positives of the assigned photograph(s) for six (6) months or until publication in [Publication Name] magazine, whichever is sooner.
4. We will credit you in [Publication Name] magazine as the photographer of any assigned photograph(s) used.
5. We will hold you harmless from any liability for invasion of privacy arising out of our use of any assigned photograph(s). You agree to indemnify and hold us harmless from any liability, loss, cost and expense (including legal fees) arising from any use of the photograph(s) authorized by you.
6. We will take reasonable precautions to return the photographs safely, but you agree that in case any photographs are lost or damaged through our fault, our liability will be limited to no more than the pro rata amount paid for the photographs published in the magazine.
Submitted and Accepted by:
Social Security #
Description of Assignment:
This Section for Notary:
STATE OF -------)
) ss: [date]
COUNTY OF ------)
On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
[Name of Notary Public]
My commission expires: [date]