PR Photos Terms and Conditions For Photographers & Contributors
Agreement Terms & Conditions
By registering as a photographer on the PR Photos website, and checking the box that you agree to the terms and conditions of this agreement you are entering into a contract granting PR Photos a license to syndicate the picture(s) worldwide and showcase these pictures on the PR Photos websites in-perpetuity. This agreement is made between you, the photographer and information provided on our registration page, and PR Photos 4521 PGA Blvd. #336 Palm Beach Gardens, FL 33418.
Photographers Obligations & Copyright Guarantee
THE PHOTOGRAPHER'S OBLIGATION:
- (a) Caption and Release Information: The Photographer shall accurately caption all Photographs submitted to the Agency and shall affix the proper copyright notice in accordance with the Agency's guidelines. The Photographer shall also indicate the existence of a model or property release by writing "MR" or "PR" directly on the Photo's mount. Absent such indication, it is assumed that the Photograph is not released for all uses. Upon request, the Photographer will deliver to the Agency a true copy of any model or property release indicated to exist.
- (b) Indemnification and Setoff: The Photographer agrees to indemnify the Agency from any and all damage incurred by it, any of its clients, or third parties in connection with the breach of any of his warranties hereunder, including, but not limited to use of an improperly marked Photo, erroneous caption information, model or property release designation, ownership, right to privacy claims, right to publicity claims, or otherwise, and agrees that the Agency may deduct any sums due to the Photographer, and may retain the Photographs, until all payments due under this indemnification, or pursuant to any other provision of this agreement, are paid in full.
- (c) Originality of Images: The Photographer and subsequent submitted photographs, whether submitted in digital form, or on original negatives are the property and work of the submitting Photographer. The photographer may be asked to produce proof of originality on all digitally submitted images. The Photographer agrees to indemnify the Agency from any and all damage incurred by it, any of its clients, or third parties in connection with the breach of any copyright on images that it submits to PR Photos.
Photographers Copyright Guarantee
By registering and submitting to PR Photos you confirm that you own the copyright to the picture(s) that you will be supplying to PR Photos. The photographer is the sole and exclusive owner of, and has the sole and exclusive right to license, all photographs submitted to the PR Photos and the photographer has obtained all permissions necessary for PR Photos to lawfully license the Photographs. If for any reason the photographer submits photographs that infringe on any other persons copyright, that photographer will be terminated immediately in accordance with the DMCA policies.
Photographer understands and accepts that all sales revenue received by PR Photos will be split 50/50. All sales will be paid to you via a monthly collection report. You will receive your royalty payments the month after the actual payment has been received by PR Photos from its client or sub-agent. If Photographer's fees in any one month total less than one hundred dollars ($100.00), the Agency may postpone payment until the next month, or until such time as Photographer's fee exceeds one hundred dollars ($100.00).
Law Governing & Arbitration
By entering into this agreement you, the photographer, agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you, the photographer, and PR Photos or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Florida, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Florida. The photographer and PR Photos agree and accept that the sole and exclusive remedy for all disputes and claims shall be final and binding arbitration. Arbitration under this agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service be instituted more than three (3) years after the cause of action arose.
By checking the box on our photographers registration page the photographer has attached their electronic digital signature to and agrees to these terms & conditions of the PR Photos Web site and services. This is a legally binding agreement between the photographer and PR Photos.