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By: keithbelfast on Nov 4th, 2011  |  syntax: None  |  size: 3.86 KB  |  hits: 71  |  expires: Never
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  1. PHOTO AGREEMENT
  2.  
  3. RE:
  4.  
  5. Photographs taken of: Robyn Rihanna Fenty p/k/a Rihanna (“Artist”)
  6.  
  7. On: ___________________________DATE 2011
  8.  
  9. For: _____________________________(“Publisher”)
  10.  
  11. The following shall serve as the agreement (“Agreement”) between Tourrihanna,
  12. Inc (“Tourrihanna”) and ________________________ (“Photographer”).
  13.  
  14. Photographer has been engaged by Publisher for the purpose of taking
  15. photographs (the “Images”) of Artist which are intended to appear in Publisher’s
  16. publication entitled _____________________________ (the “Publication”).
  17.  
  18. Notwithstanding any agreement between Photographer and Publisher, as a
  19. material inducement for to furnish Artist’s services for the photo shoot,
  20. Photographer and Tourrihanna agree to the following terms and conditions
  21. related to the Images:
  22.  
  23. 1. Photographer shall provide copies of the “Photographer’s edit” of the Images
  24. to Tourrihanna either: (i) promptly following the exclusivity period granted to the
  25. Publication; or (ii) or if no exclusivity period is granted to the Publication,
  26. promptly following completion of the shoot. Photographer agrees that any
  27. Images, and all copies thereof, which were not provided to Tourrihanna as part of
  28. the “Photographer’s edit” shall be permanently destroyed/deleted by
  29. Photographer so that they may never be seen by any third party.
  30.  
  31. 2. Tourrihanna shall have the right to reject any or all of the Images by sending
  32. Photographer written notice (“Kill Notice”) of the same. If Tourrihanna rejects any
  33. Image by sending a Kill Notice, then Photographer agrees to permanently
  34. destroy/delete any such Image and all copies thereof so that it may never be
  35. seen by any third party.
  36.  
  37. 3. Photographer may not use or otherwise exploit the Images for any purpose
  38. other than for publication in the Publication without securing the prior written
  39. permission of Tourrihanna, which may be withheld for any reason or no reason.
  40. In accordance with the following, for purposes of clarification, the Images may
  41. not be used for any purpose, including, but not limited to, commercial,
  42. promotional or for news purposes without the prior written consent of
  43. Tourrihanna.
  44.  
  45. 4. Photographer has the right to use on the Photographer’s and his
  46. representatives websites only those specific approved Images which were
  47. published in the Publication solely for the promotional purpose of promoting his
  48. professional services as a photographer or in the context of academic
  49. appreciation of the Photographer’s work. For purposes of clarification,
  50. Photographer shall never have the right to show anyone any Image that
  51. Tourrihanna has rejected by sending a Kill Notice.
  52.  
  53. 5. This Agreement represents the entire agreement between Tourrihanna and
  54. Photographer and may not be modified unless such modification is in writing and
  55. signed by the party to be charged. Photographer acknowledges that if
  56. Photographer breaches this Agreement in any way that Tourrihanna shall be
  57. irreparably harmed and that Tourrihanna shall be entitled to injunctive relief to
  58. protect Tourrihanna’s rights hereunder, in addition to, pursuing any damages
  59. that Tourrihanna may claim against Photographer.
  60.  
  61. 6. Governing Law. This Agreement shall be governed by the laws of the State of
  62. New York without giving effect to principles of conflict of laws. Both parties
  63. agree to submit to jurisdiction in the State of New York and that any action
  64. brought regarding the enforcement or interpretation of this Agreement shall be
  65. filed in state or federal court in the State of New York.
  66.  
  67. In conclusion, please sign the in the space provided hereinbelow, and fax to
  68. Miles Cooley, Esq. at (310)734-5299.
  69.  
  70. Sincerely,
  71. Tourrihanna, Inc.
  72.  
  73. By:_______________________
  74.  
  75. ACKNOWLEDGED AND AGREED:
  76.  
  77. - 2 -
  78.  
  79.  
  80. _________
  81.  
  82. PHOTOGRAPHER
  83. DATE
  84. ADDRESS:
  85. ___________________
  86. ___________________
  87. ___________________
  88. - 3 -
  89.