Terms and Conditions for Image Licensing
A. Definitions: Photographer refers to Agustín Esmoris. Client refers to the commissioning party or company named above, its representatives, successors, assigns, agents and affiliates.
B. Payment: Any use prior to payment shall be considered an unauthorized use.
C. Grant of Rights: Grant of reproduction rights hereunder is conditioned upon Client's written acceptance of each term set forth in this agreement, including but not limited to, receipt of payment in full by Photographer and placing of the required copyright notice on each use of Photographer's work. All rights not expressly licensed to Client in writing remain the exclusive property of Photographer. Any reuse or use for purposes other than those declared requires a new authorization from the Photographer and the payment of new royalties.
D. Editorial Use: For editorial use, credit line in the form Copyright "© Agustín Esmoris / PatagoniaPhotos.com" must appear adjacent to or within the photograph(s) or fee is tripled; Client acknowledges that such a triple fee is fair and reasonable for photographer's loss of recognition and lack of copyright protection resulting from lack of, or improper, copyright notice/credit line.
E. Indemnity: Client hereby indemnifies and holds Photographer harmless against any and all liabilities, claims, and expenses, including reasonable attorney s fees, arising from Client's use of Photographer's work. Client assumes insurer's liability to indemnify Photographer for all loss, damage, or misuse of any photographs.
F. Copies: Client shall provide to Photographer at least one copy of each use of the photographs (unless otherwise agreed).
G. Miscellaneous: Client may not assign or transfer this license. No alterations may be made in any of these provisions without the express written consent of the Photographer.