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Licensing Rights of Photos and Videos

In accordance with standard professional photography and videography practices, Fotility Photography & Videography grants its clients the following Licensing Rights on all photos and/or videos which it delivers to its clients.

Grant of Rights

Upon receipt of payment in full by Fotility Photography & Videography (individually and collectively hereinafter referred to as the “Provider”), Provider shall grant it’s Clients the following non-exclusive rights in the digital images and/or video provided to the Client in exchange for payment (hereinafter referred to as the “Work”): a permanent, irrevocable, non-exclusive, worldwide license lasting for the full term of any copyrights in the Work, including extensions, for any and all lawful, non-commercial uses of the Work, in any format or media, now existing or later developed. Commercial use of any photos and/or videos taken by Provider may be granted (additional charges may apply), and shall be notated in the appropriate documentation provided by Provider to Client.

Reservation of Rights

All rights not expressly granted here under are reserved to the Provider, including but not limited to all rights in preliminary materials and all electronic rights. For purposes of this agreement, electronic rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media as computer disks, CD-ROM, computer databases, and network servers.

Additional (Commercial) Uses of Work

If Client wishes to make any additional (commercial) uses of the Work, Client agrees to seek permission from the Photographer and make such payments as are agreed to between the parties at that time.

Alterations of Work

Client shall not make or permit any alterations, whether by adding or removing material from the Work, without the permission of the Provider. Alterations shall be deemed to include the addition of any illustrations, photographs, sound, text, or computerized effects, unless otherwise specified and mutually agreed upon in writing between Provider and Client.

Credit

Credit in the name of the Provider shall accompany the Work when it is reproduced. If the Work is used as a contribution to a magazine or for a book, credit shall be given unless specified to the contrary in the preceding sentence.

Arbitration

All disputes arising under these Licensing Rights of Photos shall be submitted to binding arbitration in San Diego, California, and settled in accordance with the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof.

Purchasing of Rights

All Fotility Photography & Videography clients may purchase the rights to individual photo(s) and/or video(s) at the rate of $15 per photo, with a minimum order of ten photo rights, or $150 per video. Fotility Photography & Videography shall then permanently and irrevocably relinquish and transfer all rights to the selected photos and/or videos to the Client. Fotility Photography & Videography shall provide high-resolution images, without watermarks, to client for all photos and/or videos for which they have purchased the rights. Once full rights have been transferred, Fotilty aka Fotility Photography & Videography shall be immediately prohibited from any future publishing, distributing and reproducing of said photos without the expressed, written consent of the Client.

TFP

From time to time, Fotility Photography & Videography may enter into a TFP (Time For Prints) arrangement with his clients and/or models. This simply means that Fotility Photography & Videography may trade services offered in exchange for other goods and/or services provided by our clients and/or models (i.e. professional modeling, co-marketing, clothing and/or goods, etc.). In all such TFP instances, clients and/or models shall be granted the full rights to works produced by Fotility Photography & Videography under our standard Terms & Conditions. In addition, TFP Clients and/or Models hereby agree to give proper credit to Fotility Photography & Videography & Videogrpahy whenever such works are displayed and or used by Clients and/or Models, on any media and in any way, shape or form.