VENDOR SOCIAL MEDIA IMAGE LICENSING AGREEMENT
Last Updated on 23/04/21
We at Benjamin and Elise Photography ("Photographer") love to share our images with amazing vendors that make our couples' wedding day epic fun! This Social Media Image Licensing Agreement ("Licensing Agreement") is designed to explain the ways in which you can, and cannot, use the images that we provide to you at no cost.
Please read this Licensing Agreement carefully. We will alert you to any changes to this Agreement by changing the “last updated” date at the top of this Agreement. Any changes become effective immediately upon publication on our website, and you waive specific notice of any changes to the Agreement by continuing to use our imagery. We encourage you to review this Licensing Agreement periodically, when you use our imagery for any purpose. You are deemed to have accepted any changes to any revised Licensing Agreement by your continued use of our imagery after the revised Licensing Agreement is posted.
1. DEFINITIONS
"Photographic Works": Includes all digital images created by the Photographer.
"Photographer": Means the photographer providing the use of imagery under this Licensing Agreement and where the context requires may include, their employees or sub-contractors.
"Client": Means the couple who contracted the Photography to provide Photographic Works related to their Wedding.
"Vendor": Includes any other business or contracted party providing products or services to the Client with respect to the Wedding.
"Wedding": Includes all activities related to the marriage of the Photographer and Vendors' common Client.
2. COPYRIGHT
The copyright in all Photographic Works resulting from the Wedding remains the property of the Photographer. The Photographer and the Client have agreed by standard terms to override section 21(3) of the Copyright Act 1994.
3. LICENSE
The Photographer grants the Vendor a non–exclusive Licence to use those parts of the Photographic Works selected by the Photographer and presented to the Vendor, however this Licence does not include the right to copy, reproduce or publish the Photographic Works or any part of the Photographic Works.
The Photographer shall remain the first owner of the Photographic Works and the Vendor shall be supplied with the Photographic Works for use on the basis of the terms of this Licence. The Vendor shall have the right to seek further licences for reuse of any copyright at the Photographer's normal prices at the time of the request:
- The Photographic Works are to be utilised by the Vendor for social media posting and their website ONLY
- The Vendor must obtain written permission from, and compensate the Photographer, prior to the Vendor using the Photographic Works for digital and/or printed advertising, vendor directories, brand collateral or digital and/or printed promotional material
- The Photographer will invoice the Vendor for each and every instance of using the Photographic Works outside the scope of this license if permission has not been sought prior
- The Vendor must obtain written permission from, and compensate the Photographer, prior to the Vendor or their affiliates publishing or selling the Photographic Works for profit
- The Photographic Works may not be altered in any way - including file resizing or cropping - without written permission from the Photographer
If the Vendor wishes to expand their License to use the Photographic Works for any other use beyond social media posting, they must contact the Photographer to obtain a quote for this new License. Only when the new Licensing Agreement has been signed and the Invoice is paid can the Vendor use the Photographic Works.
4. CREDITING & TAGGING
The Vendor must credit and tag the Photographer in each occasion of social media sharing of the Photographic Works using the following platform handles:
- Instagram: @benjaminandelise
- Facebook: @benjaminandelise
5. ADVERTISING USE
The Photographic Works provided by the Photographer to the Vendor may not be used for any paid advertising, including (but not limited to) digital and print placements.
6. SEVERABILITY
If any part of this Licensing Agreement is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
7. ENTIRE AGREEMENT
The information contained herein constitutes the entire agreement between Vendors and the Photographer to the use of the Photographic Works.
8. LAW & JURISDICTION
This Licensing Agreement is governed by and construed in accordance with New Zealand law. Any dispute arising out of or related to the information contained herein is subject to adjudication in Wellington, New Zealand.
9. CONTACT INFORMATION
Email: info@benjaminandelise.com
Phone: +64274261790
Address: 25 Langford Street, Naenae, Lower Hutt, New Zealand 5011