This agreement is between Renegade Craft Fair Inc., 1910 South Halsted, Ste 2, Chicago IL 60608 (“Renegade Craft Fair” or “RCF”), and you, the Photographer.
1. Engagement. RCF hereby engages you to photograph one or more Renegade Craft Fair events (the “Event(s)”), as agreed to by you and RCF. As full and complete compensation for the services and the rights granted herein, RCF will pay you five hundred fifty ($550) dollars per Event (the “Fee”), and pay a $100 deposit upfront to be deducted from the total event Fee after you submit an invoice to RCF.
2. Grant of Rights. You irrevocably grant RCF the perpetual right to use your photographs of the Event(s) (the “Photograph(s)”) in any way for any purpose, including in connection with the promotion of RCF and the commercial exploitation of RCF products and events, including, but not limited to, reproducing, distributing, and publicly displaying the Photograph(s) by any means, in any format now known or yet to be developed (i.e. electronically, analog, digital, online, through social media, in sync with other visual images, in compilations with other projects, or by any other means), including altering, cropping, and editing the Photograph(s). You grant these rights in connection with previous photographs that you have provided to RCF, which will be included in the definition of “Photograph(s)” above.
3. Limitations on Use. Unless otherwise agreed to between you and RCF, you agree to refrain from licensing the Photograph(s) in connection with the promotion of any other events or products that would be considered competitive with RCF. Any other rights or limitations on rights will be subject to a separate agreement.
4. Name and Likeness. a. Photographer hereby grants RCF the right to use Photographer’s name(s) and likeness in connection with the display and distribution of the Photograph(s). Where practicable, RCF will credit Photographer in connection with RCF’s use of the Photograph(s). The inclusion, size, and placement of the credit will be at RCF’s sole discretion. RCF may include the Photographs on its website, social media accounts, advertising, and promotion of the Events without credit to you, at RCF's discretion.
5. Representations and Warranties. You represent and warrant that (I) the Photograph(s) have not been previously published; (ii) the Photograph(s) are original to you and do not infringe upon the rights of any other person or entity; (iii) you have the right to enter this agreement and to grant the rights granted herein without any claim by any third party (e.g. you are not presently under any contract or other obligation with any other person or entity which would interfere with the rights granted in this agreement); (iv) you have the authority to legally bind the Photographer to the obligations herein; (v) In the event that a third party’s consent is necessary to convey any of the rights granted herein, or to bind the Photographer to its obligations hereunder, you warrant and represent that you have obtained that party’s consent; and (vi) if you have been given access to RCF’s social media accounts, you agree that you will not: (a) misuse the login credentials, (b) share the login credentials with any third party, (c) use the RCF social media accounts to make any statements or endorsements not explicitly authorized by RCF, or to defame anyone or otherwise make untrue statements, (d) post non-RCF-related content, (e) use the RCF social media account credentials after the Event, or (f) give RCF social media account access to any party not explicitly authorized by RCF. You agree to indemnify RCF and hold RCF harmless in connection with any third party claims related to misuse of the RCF social media accounts.
6. Indemnification. As between RCF and Photographer, each will indemnify and hold harmless each other party from and against any and all losses, damages, liabilities, costs, and expenses arising out of any breach of any warranty or representation made hereunder including, without limitation, legal expenses, and reasonable counsel fees.
7. Miscellaneous. To the extent that either party to this agreement is alleged to be in breach of a material obligation of this agreement, notice of such alleged breach will be sent in writing to the allegedly breaching party and such alleged breach will be cured within thirty (30) days of notice of such breach. Notices for breach will be in writing and will be sent by certified mail or overnight delivery to the addresses set forth above and will be deemed received within one (1) working day. RCF may license or assign any or all of the rights granted herein. This agreement will be interpreted under and subject to the laws of Illinois. The parties agree to submit to the jurisdiction of Illinois and any claims will be brought in a state or federal court located Cook County. This agreement is the entire agreement between the parties and will not be modified, except by an instrument in writing, signed by each of the parties duly authorized to execute such modification. If any part of this agreement is deemed void for any reason, that part will be severed and the remainder will be enforced as valid.