Sunday, February 25, 2018

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Photographer's Contract

The site is currently under construction. We do not accept new photographers and images at this time.

This agreement is entered between Israel Images Picture Collection Ltd. of POB 60 Kammon 20112 Israel, henceforth referred to as "Israelimages" and________________________________, henceforth referred to as "Photographer", on day__________________ in _________________ .

1.  Introduction
A. The Photographer hereby appoints Israelimages as his non-exclusive distributor to store, represent, market and sell his pictures and/or videos and/or any other known photographic content material (henceforth referred to as "Images"). Israelimages will display the accepted Images on, but not only, its website:
B. The Photographer hereby grants Israelimages a non-exclusive license to deliver it to its audience through different media channels, and further grants Israelimages the right to sublicense the Image to any party, through any international website or other, that it will see fit to do so.
C. Israelimages is hereby given the permission to use, reproduce, package, distribute, publish, and sell prints or similar products carrying Images supplied by the Photographer. It is the sole discretion of Israelimages to decide on the venues and the rights that will be sold.
D.  By accepting the terms of this contract, the photographer agrees to make Images available to Israelimages by following the Upload procedures and policies identified on the relevant pages of the Site. Each upload of Images will be ruled by the terms and conditions of this contract, which will be confirmed upon each upload or each submission of Images to Israelimages in any other method of submission.
E. Upon ticking the acceptance button ("I agree" or similar) at the bottom of this Contract, you thereby agree to be fully bound by the terms of it. You hereby also agree to receive from us further material and information when we\'ll find it to be suitable. We recommend that you print a copy of this Contract and keep it for your records.

2. Grant of Authority
A. The photographer hereby warrants that he is the sole and exclusive owner and copyright holder of all Images delivered to Israelimages, both now and in the future. The Photographer warrants that he has the unrestricted rights to license the said Images. Israelimages is appointed as a sales agent only, and in no way may claim ownership or any interest in the Photographer’s Images.
B.  The photographer allows Israelimages to use Images for its own business in relation to promotion and/or distribution programs at its sole discretion. No payment to Photographer shall be due in such cases.
Israelimages may also authorize use of the Photographer’s Images without compensation if in Israelimages opinion the use is appropriate and beneficial.

3.   Accepting Images
Israelimages is the sole authority to decide which Images that are supplied by the Photographer will be placed on its website, or which Images (if any others, and including those that are displayed on Israelimages website) will be available for further distribution through other agencies or any other sales channels, websites and/or known or unknown methods of distribution and marketing

4.   Pricing Policy
Israelimages has the sole discretion to set prices to the Images and negotiate their selling rights.
Israelimages will use its reasonable commercial efforts to obtain reasonable licensing fees for licensing the Images.
There is no limit for pricing a picture, no minimum and no maximum.
The Photographer is aware of the standard Terms and Conditions which sets the procedures of selling rights of Images on the site or through affiliates.
In the case of offering "all rights" to a client, a prior consultation must be made with the photographer, who has the right to approve or disapprove such a sale.

5.  Duration of Contract
The term of this Contract is for a period of three (3) years. It will automatically be renewed for an additional three years periods thereafter, unless terminated in writing at least 60 days prior to the approaching expiration date, by either the Photographer or Israelimages.

6.  Photographer\'s rights to sell his own Images
The Photographer is allowed to keep selling his own images by himself, as this Contract is a none-exclusive one. The Photographer may do so in every country, worldwide.

7.  Legal Representation
A.  The Photographer hereby grants Israelimages the irrevocable authority and rights to represent his legal case/s which are concerned with the Images that he supplied to Israelimages under this contract.
The Photographer grants Israelimages full and complete authority to make claims or to institute suit in the Photographer\'s name.
The Photographer hereby certifies that this irrevocable power of attorney may be transferred by Israelimages\' to its lawyer (or lawyers) to pursue justice on behalf of the Photographer\'s and/or Israelimages\' claims.
In such cases, the Photographer agrees to provide all reasonable assistance in pursuing justice on his behalf.
B. Any recoveries will be paid according to the due royalties (below table), after deductions, if any, for collection fees, legal fees, or other expenses incurred by Israelimages in its efforts to resolve such claims.
C. All settlements shall be made at Israelimages sole discretion. The Photographer hereby grants Israelimages power of attorney to act on his behalf on all legal actions taken that result from the Images that he supplied Israelimages. 

8.  Intellectual property issues
A.  Upon uploading Images, the Photographer warrants that he owns all the proprietary rights, including copyright, of the uploaded Images.
B.  The Photographer acknowledges that in the supplied Images that he uploaded, no infringement of any copyright, patent, trade secret, right to privacy or any other applicable law is included, thus is contrary to any Intellectual Property laws.
C.  The Photographer confirms that he does not have signed model releases for the pictures that he submits.
D.  The Photographer confirms that he will notify and send Israelimages all or any signed model releases from all required parties that appear in his Images that were uploaded. That is for all adults, minors and property parties that require such releases. Such pictures will then be marked on the site as having such releases.
E.  The Photographer agrees that neither Israelimages nor any of its directors, officers, employees, partners, affiliates or agents shall be liable for any damages, direct or indirect, arising out of the use of, or the inability to use any Images.
F.  Images submitted by Photographer that infringe any third party\'s rights will not be subject for any payment to Photographer.

9.  Responsibility for Information
The Photographer agrees to assume all responsibility for any and all claims resulting from information supplied, that the Photographer knew or had reason to know was erroneous and inaccurate in the Images that he supplied.

10.  Managing Images
Israelimages reserves the right but is not obliged to correct texts that are submitted with the Images. It is hereby emphasized that Images that violate intellectual property and rights of others will not be paid if any money would be paid for them.
Israelimages reserves the right to delete or refuse to accept, and to edit, all Images at its own discretion.

11.  Payment
The Photographer\'s commission will be paid according to the following chart:  

Images on the site Royalties that you earn
1-49  20%
50-99  30%
100-249  35%
250-499  40%
500+   50%

For example: if the Photographer has 105 Images on the site, he will be paid 35% on money that an Image has earned and was paid for to Israelimages.
That includes earnings that were collected due to any misuse or legal procedure, based on the Photographer\'s Image.
In case of cancellation of a sale after payment has been made to the Photographer, the Photographer allows Israelimages to deduct the money paid to him from future sales. Payment will be based on the net money received, that is, after any charges such as credit cards\' fees, etc.

12.  Schedule of Payment
A.  Israelimages shall pay Photographer within 14 business days, upon written request by Photographer.
B.  The written request for payment is viable only after a minimum of the equivalent in Shekels to $100 has been accumulated in the Photographer\'s account. If after 12 months the accumulated royalties will still remain under that level, payment will be made nonetheless, upon request of the Photographer. The money is not indexed and does not earn any interest.
C.  Tax forms should accompany the request, where applicable. Israeli citizens who issue Tax Invoice ("Heshbonit Mas") should add VAT to their earnings and accompany a Tax Exempt certificate, if they have any.
D.  Bank charges that results from payment procedures to the Photographer will be split in the middle with Israelimages
E.  The parties agree that Israelimages may amend the minimum payment\'s level (400 shekels/$100) from time to time, as reasonable business objectives may require.

13.  Checking Israelimages Bookkeeping
Photographers are welcome to check the bookkeeping of Israelimages, in relation to their own Images and royalties. Such inspection will be made available in the quickest possible manner, though an appointment must be made to suit both parties\' schedule.

14.  Credit for Photographers
Israelimages will do its best to assure proper credit to the Photographer, when his Images are used and displayed. However, Israelimages cannot guarantee that its efforts will always be successful, and cannot therefore be held at all responsible when that happens.

15.  Relationship with end use (buyer)
Buyers of any licenses sold by Israelimages will remain anonymous to Photographer. In this event, Photographer agrees not to make any contact with the buyers of his images, unless they are in obvious breach of the licensing terms of the license issued by Israelimages, and Israelimages does nothing to protect violations of such license. In the event Photographer takes any action against the buyers for being in breach of the licensing agreement, he agrees to notify Israelimages in writing of his intentions and agree to indemnify and hold harmless Israelimages, its owners or directors, staff and agencies of any and all such actions. Israelimages will still be entitled to its complete royalties\' share of income, according to this contract.

16.  Login & Password
The Photographer acknowledges and agrees that he is responsible to keep his login & password secret and private. Any access to the Photographer account by using the login & password combination is his sole responsibility, including any wrongdoing that might result from it.

17.  Viruses, etc
The Photographer confirms that all uploaded Images are free and clean of viruses, worms, locks, Trojan horses and/or any other software or hardware malicious matters.

18.  Accurate Information for Images
A.  The photographer is responsible to provide complete and accurate information for the supplied Images. No false or misleading information is allowed. If any harm is made due to the above, it is the sole Photographer\'s responsibility to bear all damages and costs that might result.
B.  The information provided to accompany the Images does not infringe any copyright or other right of privacy. If any suit will result from such matter, it is the sole responsibility of the Photographer to bear all damages and costs that might occur.

19.   Loss or Damage
Israelimages cannot accept liability for loss or damage of Images while in its possession. The Photographer hereby releases Israelimages from liability to the Photographer, his heirs or assigns for any loss or damage to the images unless caused by Israelimages gross and willful negligence.
It is strongly advised that the Photographer insures his Images at the price that he evaluates his own Images.

20.  Indemnification
The Photographer agrees to indemnify Israelimages and its employees, directors, shareholders and agents harmless from all or any claims, losses, costs, liability and expenses incurred as a result of or in connection with the Photographer\'s breach any of his obligations under this Contract.

21.  Binding Agreement
This Contract shall be binding upon the Photographer and his respective heirs, executors, administrators, successors and assigns. In the event of the Photographer\'s death, his estate or heirs shall be bound by the terms of this Contract.
This Contract will not be modified or changed in any respect unless the change is agreed by both parties and signed by both.
However, if Israelimages will decide to amend any part to this contract, or to add to it, Israelimages will notify Photographer of such action.
The Photographer will have 30 days to reply in writing and accept or deny such changes. Without Photographer\'s acceptance of such amendment, the original Contract prevails.
However, if no reply in writing ("yes" or "no") will reach Israelimages within 30 days, the said change in the Contract will be legally binding, starting from the date of sending Photographer the notification of change.

22.  Change of Ownership
In the event that Israelimages will change its shareholders, or will change its name, or will be sold in part or in whole, this Contract will still be bound by both parties to this agreement, in full.
23.   Choice of Law
Israelimages is operated and administrated from Israel. This Contract shall be governed by Israeli law and it is hereby agreed that the parties submit exclusively to Israeli courts.
The site can be accessed from all over the world.
Photographer agrees that despite the worldwide accessibility, and despite the United Nations Convention of Contracts, all legal actions that the Photographer might take, including Arbitrations, will be performed only in Israel.
Israelimages, however, reserves the right to take any legal action anywhere in the world, if chooses to do so.

IN WITNESS WHEREOF, the parties have executed this Agreement on the day and date first set forth above.

Israelimages, Israel Images Picture Collection Ltd.
POB 60 Kammon 20112, Israel

signature _____________________________________


Photographer __________________________________

Address: ______________________________________

City, State, Zip _________________________________

Email: ________________________________________

Phone ________________________________________

signature: _____________________________________

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