Licensing Rights of Photos

In accordance with standard professional photography practices, Fotility and Jerry Roxas Photography grants its clients the following Licensing Rights on all photos which it delivers to its clients.

Upon receipt of payment in full by Fotility and/or Jerry Roxas Photography (individually and collectively hereinafter referred to as the “Photographer”), Photographer shall grant it’s Clients the following non-exclusive rights in the digital images provided to the Client in exchange for payment (hereinafter referred to as the “Work”): a permanent, irrevocable, non-exclusive, worldwide license lasting for the full term of any copyrights in the Work, including extensions, for any and all lawful, non-commercial uses of the Work, in any format or media, now existing or later developed.
All rights not expressly granted here under are reserved to the Photographer, including but not limited to all rights in preliminary materials and all electronic rights. For purposes of this agreement, electronic rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media as computer disks, CD-ROM, computer databases, and network servers.
If Client wishes to make any additional uses of the Work, Client agrees to seek permission from the Photographer and make such payments as are agreed to between the parties at that time.
Client shall not make or permit any alterations, whether by adding or removing material from the Work, without the permission of the Photographer. Alterations shall be deemed to include the addition of any illustrations, photographs, sound, text, or computerized effects, unless otherwise specified and mutually agreed upon in writing between Photographer and Client.
Copyright notice in the name of the Photographer shall accompany the Work when it is reproduced.
Credit in the name of the Photographer shall accompany the Work when it is reproduced. If the Work is used as a contribution to a magazine or for a book, credit shall be given unless specified to the contrary in the preceding sentence.
All disputes arising under these Licensing Rights of Photos shall be submitted to binding arbitration in San Diego, California, and settled in accordance with the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof.
All Fotility and/or Jerry Roxas Photography clients may purchase the rights to individual photo(s) at the rate of $15 per photo, with a minimum order of ten photo rights. Fotility and/or Jerry Roxas Photography shall then permanently and irrevocably relinquish and transfer all rights to the selected photos to the client. Fotility and/or Jerry Roxas Photography shall provide high resolution images, without watermarks, to client for all photos for which they have purchased the rights. Once full rights have been transferred, Fotility and/or Jerry Roxas Photography shall be immediately prohibited from any future publishing, distributing and reproducing of said photos without the expressed, written consent of the client.