Fillable Form Photo Licensing Agreement

What is a Photo Licensing Agreement?

A Photo Licensing Agreement is a binding contract between the photographer and an individual or company, known as the client, where the latter wishes to license the use of the images.

You may download a PDF copy of a Photo Licensing Agreement Template from websites that offer document templates. But you may electronically fill it out on PDFRun for your convenience.

How to fill out a Photo Licensing Agreement?

Enter the necessary information in the required fields. Make sure that everything you enter is true, accurate, and correct.

Effective Date

Enter the effective date.

Name of Photographer

Enter the name of the photographer.

Name of Client

Enter the name of the client.

License

This section states that the photographer grants the client an exclusive, limited license to use the photos and use them in particular regions.

Ownership of Photos

This section states that the client agrees that the photographer shall remain the sole and exclusive owner of all rights, titles, and interests, throughout the world, to all photos and their copies. Except as expressly provided in this Agreement, the photographer reserves all rights and licenses not expressly granted in this Agreement.

Fee

This section states that the client shall pay an amount in consideration for the rights and licenses granted and it shall be paid within a number of days of the due date. If payment is not made within the said period, the photographer may charge a monthly interest.

But if the payment is collected at law or through an attorney-at-law or under advice therefrom, or through a collection agency, the client agrees to pay all costs of collection, including all court costs and reasonable attorney's fees.

Fee

Enter the fee.

Number of Days

Enter the number of days of the due date.

Interest

Enter the amount of interest.

Restrictions on Use

This section states that the client will not use the photos for any of the following purposes:

• Unlawful use
• Standalone file use
• Use in trademark of logo
• Products for resale
• Alterations
• Sublicenses

Photo Notice and Markings

This section states that the client must include a photo credit or copyright notice in the photographer's name on all photos.

Indemnification

This section states that the client will indemnify, defend, and hold harmless the photographer from all liability, claims, demands, causes of action, judgments, damages, and expenses arising out or as a result of the use of the photos by the client, except when any claims, demands, causes of action, judgments, or expenses arose out of willful misconduct, gross negligence, or bad faith by the photographer.

Limitations of Liability

This section states that neither party nor affiliate will be liable under this Agreement to the other party, affiliate, or other third persons for any indirect, incidental, consequential, special, reliance, or punitive damages or lost or imputed profits, lost data or cost of procurement of substitute goods or services. This limitation of liability may not be valid in some states.

It states further that the client may have rights that cannot be waived under consumer protection and other laws. The photographer does not seek to limit the client’s warranty or remedies to any extent not permitted by law.

Termination

This section states that either party may terminate this Agreement immediately upon delivery of the written notice to the other party specifying clearly the grounds for termination if the other party commits a material breach of its obligations under this Agreement.

It states further that to avoid doubt, the termination will be without prejudice to any liability incurred prior to the effective date of termination.

Number of Days

Enter the number of days the party has to cure the breach after receiving the written notice.

Assignment

This section states that the Agreement may not be assigned by the client without the photographer’s prior written consent. The photographer may assign this Agreement, in whole or in part, to any affiliate or successor.

Severability

This section states that if any provision of this Agreement is invalid, illegal, or unenforceable by a court of competent jurisdiction, the rest of the Agreement will be valid and enforceable and the parties will negotiate in good faith a substitute, valid, and enforceable provision which most nearly puts into effect the intent of the parties.

No Waiver

This section states that this Agreement may not be altered, modified, or amended in any way except in writing signed by both parties. It states further that the failure of a party to enforce any provision of the Agreement will not be construed to be a waiver of the right of such party to thereafter enforce that provision or any other provision or right.

Entire Agreement

This section states that the Agreement represents and constitutes the entire agreement between the parties, and supersedes and merges all prior negotiations, agreements, and understandings, oral or written, with respect to any and all matters between the parties.

Governing Law

This section states that the parties agree that this Agreement will be governed in accordance with the law of the chosen State, without reference to the rules governing choice of laws.

State

Select from the drop-down list the state where the Photo Licensing Agreement Form is governed.

Disputes

This section states that any dispute arising from this Agreement shall be resolved through mediation. Otherwise, the dispute will be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association.

Attorneys’ Fees

This paragraph states that if either party brings a legal action to enforce its rights under this Agreement, the prevailing party will be entitled to recover its expenses incurred in connection with the action and any appeal from the other party.

Notices

This section states that all notices, demands, or other communications may be effected by personal delivery in writing or by U.S. Mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally will be deemed communicated as of actual receipt, and mailed notices will be deemed communicated as of two days after mailing.

Photographer Signature

Have the photographer affix their signature.

Photographer Full Name

Enter the photographer’s full name.

Client Signature

Have the client affix their signature.

Client Full Name

Enter the client’s full name.

How to file a Photo Licensing Agreement?

Make sure that the Photo Licensing Agreement PDF is signed by both parties and they must both enter the effective date of the agreement. Each party must retain a copy of the Photo Licensing Agreement. Notarization of the Agreement is not necessary, but it is highly recommended if the photos are expensive.

Tracking all of your digital assets and photo license agreements sounds like a difficult task. However, there are Digital Asset Management software for photographers to simplify and streamline this work. Digital asset management (DAM) is crucial for photographers to effectively organize, store, and retrieve their digital assets, such as photos and videos.