​"Fog on the Barrow Downs" by Alice Horton

Essence of Bellingham Photo Competition Terms

This Photographic Materials Use Agreement (this "Agreement") is entered into with the City of Bellingham in order to set forth the terms and conditions under which the Photographer’s photograph(s) will be entered in the "Essence of Bellingham" Photo Competition and all future related rights and uses.

Photographer represents and warrants at the time of submission that the Photographs are the sole property of the Photographer and Photographer has the right to permit the Photographs to be used for the purposes stated in this Agreement.

Under this Agreement the parties mutually agree to the following conditions:

  1. The City agrees to enter Photographer's Photographs in the Essence of Bellingham Competition and to use the Photographs (if ultimately selected) in the Whatcom Museum's program documenting Bellingham life, as further detailed in the published "Essence of Bellingham" Photo Competition Details. Thereafter, the Photographs may appear in Whatcom Museum and City of Bellingham publications displayed in various places such as print, TV, and the Internet ("After-Competition Uses").
  2. The Photographer will provide the City with copies of the original digital files for use in the competition and any After-Competition Uses. Any image from the Photographs may be "cropped," or otherwise manipulated within the discretion of the City, to fit within the dimensions of any present intended use or to serve other aesthetic purposes or practical necessities
  3.  The City agrees either (a) to include Photographers' name in all Competition and After-Competition Uses that feature their photograph whenever commercially feasible or (b) have the Photographer's information readily available and associated with any use in order that such can be immediately provided upon any inquiry.
  4.  The Photographer will retain ownership and copyright in submitted Photographs, however the Photographer hereby grants to the City and the Whatcom Museum a royalty-free, perpetual license to use the Photographs for any lawful purpose, including without limitation commercial uses and the right to sublicense use of the Photographs.
  5. Photographer agrees that the right to participate in the Competition, together with the publicity and recognition obtained from use of the Photograph, in accordance with the terms and conditions contained herein, constitutes full and fair compensation and consideration for use of the Photographs and specifically disclaims any right to any other compensation or consideration.
  6. The City will not return the photograph(s) or digital file(s) included in a competition submission.
  7. The City's election not to use the photograph(s) in promotional materials for the Essence of Bellingham Photo Competition shall not affect the license granted under paragraph 4 of this Agreement.