Sophia Pagan Photography
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1. Payment: No rights are granted until payment is received in full. Failure to make timely payment shall be deemed an act of copyright infringement under the United States Copyright Act.
2. Rights & Usage: Copyright and all film, prints, media, and digital files remain the property of Sophia Pagan Photography. The only rights granted to the Photographs are those specifically set forth above under "Rights Granted/Media Usage". All other rights are reserved by Sophia Pagan Photography. Rights granted may not be transferred or assigned, in whole or in part, whether voluntary or by operation of law without the express written consent of Sophia Pagan Photography. This agreement is not a work made for hire.
3. Warrants & Liability: Photographer warrants that Photographs were created by her and she has authority to license their use to Client. Client will defend Photographer against any and all claims, liability, damages, and costs, including legal fees & expenses, arising out of the creation, use, or misuse of the images. Unless delivered to Client by Photographer, no Model or Property release exists. Client shall pay Photographer's costs and expenses (including Photographer's reasonable attorney's fees and related costs) incurred in connection with enforcing the terms of this Agreement, including those incurred without commencing a court proceeding.
4. Digital Negatives, Prints and Copyrights: The photographs, digital negatives or prints produced by the Photographer are protected by International Copyright Law (all rights reserved) and the Photographer retains the copyright to all photos and images produced. The Client may receive all high resolution digital photographs as digital download from a private online gallery. The Client may reproduce any photos in any manner they like for internal and external purposes crediting the Photographer if specified. The Client agrees to obtain written permission from the Photographer prior to the Client (or its assigned agents) publishing or selling the photographs for profit.
5. General image crediting: Image will be credited as "Sophia Pagan Photography" both in print and online, unless otherwise directed, in writing. Credit line must appear alongside image, or in section devoted to image and illustration credits. Any use outside of that, by persons or organizations outside of the hiring party must be negotiated based on usage, print run, size, publication type etc. and must follow the terms in Image licensing agreement.
6. Image licensing agreements: Tear-sheet to be mailed to Sophia Pagan Photography with 60 days of print. Images may be used only after express permission from Sophia Pagan Photography has been granted for each specific use. No image license is valid until receipt of payment. Permission is given for one-time, non-exclusive, non-transferable use only. “One-time use” means that once a digital image has been published, distributed or exhibited, you many not subsequently reformat, redesign, or otherwise alter the way the images is displayed; nor may you re-use the image in other products, nor allow others to use it. For each additional use after image is obtained, Sophia Pagan Photography must be contacted for permission. Image will be credited as "Sophia Pagan Photography" unless otherwise directed. Credit line must appear alongside image, or in section devoted to image or illustration credits.
7. COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Sophia Pagan Photography is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Sophia Pagan Photography.
8. RETAINER & PAYMENT SCHEDULE: A retainer of 30% of Day Rate is due at the time of booking, REFUNDABLE RETAINER only if session is cancelled by Sophia Pagan Photography. In the event of cancellation by client the retainer paid is non-refundable. It shall be liquidated for damages to Sophia Pagan Photography in the event of a cancellation, or breach of contract by the CLIENT.
9. Purpose: This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by both parties.
My signature below is an acknowledgement that I have read (or have had read to me), understood, and accepted the terms and conditions outlined in this agreement.
ALL CONTENT AND IMAGES CONTAINED IN THIS SITE ARE PROTECTED UNDER U.S AND INTERNATIONAL COPYRIGHT LAWS. ENCLOSED MATERIAL CANNOT BE REPRODUCED, PUBLISHED OR DISTRIBUTED WITHOUT WRITTEN PERMISSION FROM THE ARTIST. COPYRIGHT © 2010 - 2023 SOPHIA PAGAN. ALL RIGHTS RESERVED.