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:
- 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").
- 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
- 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.
- 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.
- 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.
- The City will not return the photograph(s) or digital file(s)
included in a competition submission.
- 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.