"Photos” and “Imagery” means all creative material furnished by Brett Ryan Studios (the “Photographer”), whether transparencies, negatives, prints, digital files, or otherwise. “Licensee” or “Client” means the person or entity entering the applicable licensing agreement described herein.
The Licensee acknowledges that the Photographer is first and sole owner of all “copyright” of all photos and imagery, and that the Photographer shall remain the sole owner of any and all imagery. The Photographer is entitled to use all imagery for future licensing, self-promotion, or otherwise. The license rights are granted solely to the Licensee. The Licensee may not assign or transfer this licence to any other party. Upon default, the licence shall be deemed cancelled by operation of law.
The licensing terms with respect to Rights, Territory, Media, Quantity / Circulation, and Duration are dictated under the project agreement unless re-negotiated with written consent.
The Photographer reserves the right to edit and will be the final authority on all photos and imagery. No modifications, changes or alterations shall be made on photos and imagery without the Photographer’s prior written consent.
The Licensee is responsible for helping to obtain required permissions and building release forms for project shooting locations where required.
Due to the scale and nature of photography assignments, the Photographer will do his/her/their best to fulfill all requests but shall not be responsible for requested footage not taken, missed, or lack of coverage due to scale, weather, or time allotments beyond the project control.
In the event of publication to any third party digital or print media outlet, any and all copies of the photos, videos, other imagery, or any part thereof, must be credited to “Brett Hitchins”, unless written authorization to the contrary is given by Photographer.
The Client will indemnify and defend the Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any images. Unless delivered to the Client by the Photographer, no model or property release exists, and it is the Client’s responsibility to obtain the necessary permissions for usages that require any model or property releases not delivered by the Photographer. It is the Client’s sole responsibility to determine whether any model or property releases delivered by the Photographer are suitable for the Client’s purposes. The Photographer’s liability for all claims shall not exceed in any event the total amount paid under the contract agreement.
The licence becomes effective upon the signature of the agreement at which time payment is required. All payments are requested within 30 days of the date of agreement. The licence will be retroactively cancelled if the Licensee is in default of carrying out the complete payment of the fee within the 60 days of providing image files.
The Photographer agrees to adhere by the Professional Photographers of Canada Code of Ethics.