Photographer Consent Form with Charlotte Lately
This is to confirm the agreement between you and Charlotte Lately, LLC, publisher of Charlotte Lately Magazine and www.charlottelately.com, (“Publisher”or “Charlotte Lately”) and (“Magazine”) and (“Website”).
Work. You agree to contribute an original column, article, photography or creative content (the “Work”), on an ongoing and/or contractual basis. Any specific work requested by the publisher shall be covered under the terms below.
Rights Granted. You grant to Publisher the following intellectual property rights in the Work:
All rights to the Work not specifically granted below are reserved by you. You retain copyright to the Work.
Subject to the provisions of paragraphs B through E, you agree that Publisher shall have the exclusive right to use the Work.
Worldwide First Serial Rights (exclusive first publication of the Work in a print periodical). Magazine shall have the unlimited right to publish the Work in the print medium or digitally, including promotional rights at the sole discretion of the Publisher.
Publisher shall have the unlimited right to publish the Work in the electronic medium, including promotional rights. Publisher shall have the unlimited right to make promotional use of the Work in the electronic medium, including promotion of Magazine or its Website either directly on the Magazine Web site or through third‐party Web sites or electronic services.
A nonexclusive worldwide right to include the Work in anthologies, reprint editions, adaptations, or collections of articles.
The nonexclusive unlimited right to use selections from the Work in the advertising and promotion of Publisher and Publisher’s website and the Magazine. Publisher shall have the right to make promotional and internal use of the Work in the print medium, including use of tearsheets by either Magazine or its contributors or advertisers. Publisher shall have the unlimited right to make promotional use of the Work in any medium (for example, billboards or blow‐in cards), provided that the Work shall appear in context to the original cover or page layout.
Warranty. You warrant that to the best of your knowledge the Work does not violate or infringe any copyright, trademark, contract, or proprietary rights of others or contain anything libelous or defamatory and you agree to indemnify and hold Publisher harmless against any final judgement resulting from the falsity of the foregoing warranties. That the Article has not been previously published in whole or in part. That the Article is original, that you have full power to make this Contributor’s Agreement for Charlotte Lately, LLC, and that you are the sole author. That no other agreement to publish the Article is now outstanding.
Compensation. Compensation shall be agreed upon on a case by case basis for each contracted period.
Editorial Changes. Publisher may revise, edit, condense, or otherwise alter the Work, and may code the work in HTML as needed for Web presentation, but will make no substantive changes in text, title or graphic content without your permission.
Indemnification. Contributor hereby expressly releases and indemnifies Charlotte Lately, its agents, assigns [sic], employees, licensees and successors from and against any and all claims, liabilities, demands, actions, causes of action, cost and expenses, whether at law or in equity, which a third party may have or may in the future have for invasion of privacy, commercial exploitation, false light, copyright or trademark infringement, libel, defamation, or any other cause of action arising out of the exploitation of the Work or any part thereof or by reason of Contributors breach of any representations, warranties or agreements contained herein. Contributor acknowledges that Charlotte Lately is relying upon the rights granted to it hereunder in entering into this Agreement.
No modification to this Agreement shall be binding unless made in writing and signed by the parties hereto.
This Agreement shall be deemed executed under the laws of the state of North Carolina.
The parties acknowledge that each party has read and understood this contract before execution.
Owner – Charlotte Lately, LLC