Scope of Work
MDHammond agrees to provide the Client with all Works (e.g. high-resolution digital images, video, designs) as described in the provided final Quotation, unless communicated in writing throughout the processing of said Works.
Grant of License
MDHammond grants the Client a non-exclusive, local, perpetual license to use the described Works for the following purposes, unless communicated in writing.
Restrictions
Unless otherwise agreed upon in writing, the Client shall not:
- Sub-license, sell, rent, lend, or otherwise distribute the Works to third parties
- Use the Works in any manner that is considered defamatory, libellous, obscene, or illegal
- Alter or modify the Works, including the use of any and all ‘generative AI’ tools
Credit and Moral Rights
- The Client agrees to provide credit to MDHammond in a manner agreed upon by both parties for any use of the Works that is public in nature
- MDHammond asserts their moral right to be identified as the author of the Works and will not be associated with any work or derivative thereof in a manner that is prejudicial to their reputation
Fees and Payment
The Client agrees to pay MDHammond any invoiced licensing fee before the use of any and all Works provided. Payment shall be made upon receipt of invoice, within 30 days of the invoice date. An additional fee amounting to 10% of the total invoice will be charged if payment is not completed within this time period.
Term and Termination
This Agreement is effective from the date of payment, unless terminated earlier by either party with 30 days written notice.
Upon termination, the Client must cease all use of the Media and delete (or return) all copies of the Works to the MDHammond.
Indemnification
The Client agrees to indemnify, defend, and hold harmless the Photographer from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of the use of the Works not in accordance with this Agreement.
Amendment
No amendment or modification of this Agreement shall be valid unless in writing and signed by both parties.
Acknowledgment
On payment of an invoice, both parties acknowledge they have read, understood, and agree to the terms of this Agreement.
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