Photographer refers to Patrick L. Ward. Client refers to the commissioning party or company named above, its representatives, successors, assigns, agents and affiliates. All rights not expressly licensed to Client in writing remain the exclusive property of Photographer. Any additional space rate will be billed as such upon publication. Client assumes all risk for all photographic material supplied by Photographer from time of receipt by Client to time of actual receipt of photographs by Photographer.
Client agrees to destroy all digital files within one week of reproduction.
Client hereby indemnifies and holds Photographer harmless against any and all liabilities, claims, and expenses, including reasonable attorney s fees, arising from Client s use of Photographer s work. Therefore, the parties have agreed that the reasonable value for loss or damage of each photograph is a sum no less than the amount indicated on the first page of this agreement. Client further acknowledges that its acceptance of this liquidated damage amount is a material consideration for photographer agreeing to deliver to Client the photographs subject to this agreement. In each instance, Photographer shall be entitled to recover reasonable attorneys fees incurred and related costs in enforcing Photographer s rights under the United States Copyright Act, and under each federal or ancillary state law under which Photographer is awarded or granted damages. Client will not make or permit any alterations, additions, or subtractions in respect of the photographs, including without limitation any digitalization or synthesizing of the photographs, alone or with any other material, by use of computer or other electronic means or any other method or means now or hereafter known.