PHOTO LICENSING AGREEMENT (COMMERCIAL/PERSONAL)
THIS AGREEMENT is made on [Date],
BETWEEN:
[Licensor Name], of [Licensor Address] (“Licensor”),
AND
[Licensee Name], of [Licensee Address] (“Licensee”).
WHEREAS
- The Licensor is the owner of certain photographic works as described in this Agreement;
- The Licensee wishes to obtain a license to use the photographs for [commercial/personal] purposes, and the Licensor agrees to grant such a license under the terms set forth below.
NOW, THEREFORE, in consideration of the mutual promises herein, the parties agree as follows:
1. DEFINITIONS
1.1 “Photograph(s)” means the image(s) described as follows: [Description of Photograph(s), including titles, file names, or other identifying details].
1.2 “Permitted Use(s)” means the following use(s) of the Photograph(s): [Describe intended use, e.g., advertising, website, social media, print, personal display, etc.].
1.3 “Territory” means [geographical area where the license applies, e.g., worldwide, [Country/Region], etc.].
1.4 “Term” means the period beginning on [Start Date] and ending on [End Date], unless terminated earlier in accordance with this Agreement.
2. GRANT OF LICENSE
2.1 The Licensor hereby grants to the Licensee a [exclusive/non-exclusive], [revocable/irrevocable], [transferable/non-transferable], [sublicensable/non-sublicensable] license to use the Photograph(s) solely for the Permitted Use(s), within the Territory, and during the Term.
2.2 All rights not expressly granted to the Licensee are reserved by the Licensor.
3. RESTRICTIONS
3.1 The Licensee shall not:
- Use the Photograph(s) for any purpose not specified as a Permitted Use;
- Alter, edit, or modify the Photograph(s) except as follows: [Specify permitted modifications, if any, or state “none”];
- Transfer, assign, or sublicense the Photograph(s) or any rights under this Agreement to any third party without the prior written consent of the Licensor;
- Use the Photograph(s) in any manner that is unlawful, defamatory, obscene, or otherwise harmful to the Licensor’s reputation.
4. FEES AND PAYMENT
4.1 The Licensee agrees to pay the Licensor a license fee of [License Fee Amount and Currency] for the rights granted under this Agreement.
4.2 Payment shall be made by [Payment Method] no later than [Due Date/Payment Schedule].
5. CREDIT AND ATTRIBUTION
5.1 The Licensee shall provide credit to the Licensor as follows: [Specify credit line, e.g., “Photo by [Licensor Name]”], except where impractical.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 The Licensor retains all copyright and intellectual property rights in and to the Photograph(s).
7. WARRANTIES AND REPRESENTATIONS
7.1 The Licensor warrants that they are the sole owner of the Photograph(s) and have the right to grant the license herein.
7.2 The Licensee warrants that they will use the Photograph(s) only as permitted under this Agreement.
8. INDEMNIFICATION
8.1 Each party agrees to indemnify and hold harmless the other party from any claims, damages, or expenses arising from their breach of this Agreement or misuse of the Photograph(s).
9. TERM AND TERMINATION
9.1 This Agreement shall commence on [Start Date] and continue until [End Date], unless terminated earlier as provided herein.
9.2 Either party may terminate this Agreement upon [Notice Period Days] days’ written notice to the other party.
9.3 Upon termination, the Licensee shall immediately cease all use of the Photograph(s) and, if requested, destroy or return all copies.
10. LIMITATION OF LIABILITY
10.1 Neither party shall be liable to the other for any indirect, incidental, or consequential damages arising out of this Agreement.
11. GOVERNING LAW
11.1 This Agreement shall be governed by and construed in accordance with the laws of [Governing Law State/Country].
12. MISCELLANEOUS
12.1 Any amendments to this Agreement must be in writing and signed by both parties.
12.2 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12.3 Notices under this Agreement shall be sent to the addresses listed above or as otherwise notified in writing.
13. DISCLAIMER
This document is a template and may not be suitable for all situations. The parties should consult with legal counsel before signing this agreement.
SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Photo Licensing Agreement as of the date first written above.
Licensor:
Name: ___________________________
Signature: _______________________
Date: ___________________________
Licensee:
Name: ___________________________
Signature: _______________________
Date: ___________________________
