Listing and Licensing Agreement
This Listing and Licensing Agreement (the “Agreement”),
Carl Ottersen, a citizen of the United Kingdom born on May 17, 1956, (hereinafter known as “the Promoter”) and
[Photographer], a citizen of [Country] born on [BirthDate], (hereinafter known as “the Photographer”),
is for the purpose of listing and promoting the Photographer’s photo tours and workshops on the website called GreatPhotoTours.com and its related services for the promotion and advertising of the same, with the intent of creating greater exposure and awareness of the photo tours offered by the Photographer to potential customers and the public at large.
Listing and Promotion
GreatPhotoTours.com is a website created by the Operator as a platform for the listing of photo tours. This comprises full photo tour details, images, videos and other related material, presented on a single web page in a clear manner and common structure for visitors to view freely. Each individual photo tour page also provides a section for making an enquiry directly to the Photographer, as well as presenting a summary profile of the Photographer and partners the Photographer recommends which are relevant to the specific photo tour.
The website also lists the profile of the Photographer, including links to the Photographer’s own website, a summary of the photo tours the Photographer runs, any merchandise the Photographer sells that is related to the Photographer’s work as photographer, and any preferred partners the Photographer may use in the course of running photo tours.
In addition the website features upcoming photo tours and selected photographers on its home page, separately lists tours by calendar date, regularly posts information about tours and photographers, and also has dedicated pages for merchandise and partners.
The Photographer shall submit images, videos and text in a format and manner detailed by the Operator separately to this Agreement and available for viewing on a dedicated page on the website. The Photographer accepts the Operator may freely choose which images and videos to present and may also edit, adapt and add to the information provided so as to maintain a high standard of presentation and writing. The Photographer accepts that no reference to specific suppliers of services the Photographer uses shall be made until and unless the relevant supplier has also agreed to be named and listed with greatphototours.com and pay an agree fee for being so listed,
Using greatphototours.com as a brand platform, the Operator promotes the Photographer and his/her photo tours both in social media and in print media, in a manner and with such services as are detailed separately to this Agreement and which may be viewed on a special page on the website.
GreatPhotoTours,com is a project created, developed an managed by the Operator. The Operator has the absolute right to transfer and assign this Agreement to any legal entity established for the express purpose of further developing and managing this website and service.
The Photographer is the sole owner of the image’s copyright and no transfer of intellectual property is made by this Agreement. The Photographer grants the Operator a non-exclusive right to display and publish photographs and videos provided by the Photographer to the Operator for the purpose of presenting the Photographer’s works as an integral part in the listing the Photographer’s photo tours for the duration of this Agreement. The Photographer permits the Operator to store copies of the Photographer’s work on the Operator’s own computers, hard disks and servers, including remote hosting servers. The Photographer grants the Operator the right to crop and modify the size of any photograph and to trim the length of any video for the sole purpose of better presenting the Photographer’s work in the manner required for the website and related promotional services. Should the Operator use the Photographer’s work on third party sites or printed material, the Operator shall ensure the Photographer is properly credited.
The subscription is for the Photographer, independent of the number of photo tours the Photographer wants to list. The Photographer can list photo tours that are shared with other photographers, who may also subscribe to greatphotoours.com if they wish. The Photographer can de-list a photo tour, details of merchandise and the photographer profile at will. The subscription runs for one calendar year from the date of activation, this being [SubscriptionDate]. The Subscription Fee is [SubscriptionFee], which shall be paid in advance by the Photographer to the Operator in accordance with instructions provided by the Promoter to the Photographer separate to this Agreement. The subscription is for the Photographer and cannot be transferred to another person or used for a combination of persons. The Subscription can be renewed each year by the Photographer expressly communicating this to the Operator (i.e. no automatic renewal) and following instructions for payment separate to this Agreement. The Operator earns no other fee or commission from the listing and promotion of the photo tours, the Photographer’s other business activities, or the merchandise sold. At the Operator’s sole discretion, the Operator will charge a separate fee to preferred partners for the profiling and listing of their products and services on greatphototours.com.
The Operator warrants to be the sole author, creator, developer and manager of the greatphototours.com website.
The Photographer warrants he/she is the owner of all images, videos and other material provide to the Operator and shall indemnify and hold the Operator harmless from and against any loss, expense or damage occasioned by any claim, demand, suit or recovery against the Operator, arising out of any alleged use of any image, video or text which violates or breaches a third party's property rights.
Both parties are independent contractors and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorised to act as agent or bind the other party. Images or any other deliverables prepared by the Photographer shall not be deemed a work for hire as defined under Copyright Law. All rights granted to the Operator are contractual in nature and are expressly defined by this Agreement.
This Agreement constitutes the entire agreement between the Operator and the Photographer and shall not be modified, amended or changed in any way except by express agreement by both parties and communication of same by email.
This Agreement shall be construed in accordance with the laws of England and Wales.