By accepting these terms and conditions by Znap Fly, LLC (hereafter referred to as “Znap Fly”) The Client (hereafter referred to as “CLIENT”) agree to the following:
Znap Fly, LLC (Znap Fly) reserves the rights of the images to publish, print and/or use for promotional purposes. The Client grants Znap Fly, LLC and his/her successors, legal representatives and assigns the irrevocable and unrestricted right to use and alter the material for commercial, promotional, marketing, competition or other purposes without compensation and hereby release and shall hold harmless Znap Fly, LLC and his/her successors, legal representatives and assigns from all claims or liability resulting from or associated with the use of the material.
Client has the right to publish, print, copy and distribute images after receipt is paid in full. Title to all photographs and videos remain the property of the Znap Fly.
The License to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the video and/or photographs before payment in full of the relevant invoice(s) without Znap Fly and or any of its officers express permission; this includes all social media and/or MLS postings. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. Where use is restricted in the Agreement, permission to use the video and/or photographs for other purposes will normally be granted upon payment of invoice.
The Agency and Advertiser may be authorized to publish photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use the photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the License to Use the Photographer shall be entitled to use the photographs for any purposes
General Liability Release of Claims: Effective immediately upon execution, Client, for and in consideration of the payment to Znap Fly, LLC, the receipt and sufficiency of which is hereby acknowledged, do hereby release and forever discharge Znap Fly, LLC, their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned, but all expressly denying liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, which I now have or may hereafter have, arising out of or in any way relating to any and all injuries and damages of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way relating to the services provided by Znap Fly, LLC. It is understood and agreed that this payment is made and received in full and complete settlement and satisfaction the causes of action, claims and demands mentioned herein; that this Release contains the entire agreement between the parties; and that the terms of this agreement are contractual and not merely a recital. This Release may not be altered, amended or modified, except by a written document signed by both parties. Furthermore, this Release shall be binding upon the Client, and their respective heirs, executors, administrators, personal representatives, successors and assigns. This Release shall be subject to and governed by the laws of the State of California.
Indemnity: While Znap Fly takes all reasonable care in the performance of this agreement generally, Znap Fly and or any of its officers shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any image or its caption.
It is the Client’s responsibility to obtain permission for entry at all applicable locations and to advise the Znap Fly Team of any restrictions or policies in place at all applicable location.
Expenses: Where extra expenses or time are incurred by the Photographer as a result of alterations to the original requests by the Client/Agency or the Advertiser, or otherwise at their request, the Client/Agency shall give approval to and is responsible to pay such extra expenses and/or fees associated with additional time spent at the project in addition to the expenses shown as having been agreed or estimated.
Rejection: Unless a rejection fee has been agreed in advance, there is no right to reject a product on the basis of style or composition.
Right to a Credit: If the box on the estimate and the license marked `Right to a Credit’ has been ticked the Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By ticking the box overleaf the Photographer also asserts his/her statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
Supply to Third Parties: The license only applies to the advertiser and product as stated on the front of the form.
Electronic Storage: Save for the purposes of production for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
1a. All links expire including but not limited to Dropbox™ and/or Matterport™. Files located on these websites are to be saved to your computer as links expire past 30 days.
Applicable Law: This agreement shall be governed by the laws of California.
Variation: These Terms and Conditions shall not be varied except by agreement in writing.