EXCLUSIVE LICENSE AGREEMENT
This Exclusive License Agreement (“Agreement”) is valid for all Fletcher Films clients and projects, between Client/Broker and Fletcher Films (“Photographer”). Client has engaged Photographer to photograph, visually record or otherwise create graphics or other images (collectively, “Images”) of the property. Upon hiring Fletcher Films, the parties hereby agree, for good and valuable consideration received, the receipt and sufficiency of which is hereby acknowledged, as follows:
1. Client/Broker agrees to pay Photographer in consideration of the services rendered and exclusive license granted below.
2. License Grant.
a. This exclusive license grant allows Client/Broker to utilize photos and video in a manner only pertaining to direct sales of the listing property i.e. MLS, website, email, social media, and flyers. Any third-party print or media source needs to be approved first and credited "Ryan Fletcher, Fletcher Films."
b. This exclusive license grant shall include the right to sue for copyright infringement, including without limitation past infringement. To that end, Photographers agrees to assist Broker in preparing and filing any copyright applications that cover the Images, including providing any information necessary to prepare such applications.
3. Client/Broker acknowledges that Photographer retains title and ownership of the Images.
4. Photographer hereby represents and warrants that it owns all right, title and interest in and to the Images, no third party has any rights in, to, or arising out of the Images, and Photographer has full right and power to enter into this Agreement and grant the license set forth in Section 2. The parties agree that Brokerage is under no obligation to credit Photographer or any other third party as the author or owner of the Images.
5. Photographer understands and agrees that it is an independent contractor of Client/Broker and nothing in this Agreement shall be construed to create a partnership, or joint venture, between Photographer and Broker.
6. The validity, construction and enforceability of this Agreement shall be governed in all respects by the laws of the State. The terms and conditions set forth herein constitute the entire agreement between the parties and shall supersede all prior agreements. This Agreement may not be amended except in writing signed by the respective parties. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.