Exclusive Licensing Agreement for Photographic Images and Video

This Exclusive License Agreement (“Agreement”) is made and entered into as of the date                                     by and between _____________________ (“Agent”) of __________________________ (“Brokerage”) and Eric Hwang (“Photographer”).

Brokerage has engaged Photographer to photograph, visually record or otherwise create graphics or other images (collectively, “Images”) of the properties listed herein.


Properties:


The parties hereby agree, for good and valuable consideration received, the receipt and sufficiency of which is hereby acknowledged, as follows:

1. Brokerage agrees to pay Photographer in consideration of the services rendered and exclusive license granted below the one-time total amount of __________.

2. Agent hereby represents and warrants that they have the full right and power enter into this Agreement as an authorized representative of Brokerage.

3. License Grant.

a. Photographer hereby grants to Brokerage an exclusive worldwide royalty-free license for a period of 3 years to reproduce, distribute, display, and publicly perform the Images in connection with the real estate industry, including without limitation such uses of the Images in connection with advertising real property.

b. This exclusive license grant shall include the right to sue for copyright infringement, including without limitation past infringement. To that end, Photographers agrees to assist Brokerage in preparing and filing any copyright applications that cover the Images, including providing any information necessary to prepare such applications.

c. This exclusive license does NOT grant Brokerage the right to authorize or sublicense images to third-parties without prior consent from Photographer.

4. Brokerage acknowledges that Photographer retains title and ownership of the Images.

5. Photographer hereby represents and warrants that it owns all right, title and interest in and to the Images, no third party has any rights in, to, or arising out of the Images, and Photographer has full right and power to enter into this Agreement and grant the license set forth in Section 3.

6. The parties agree that Brokerage is under no obligation to credit Photographer or any other third party as the author or owner of the Images.

7. Photographer understands and agrees that it is an independent contractor of Brokerage and nothing in this Agreement shall be construed to create a partnership, or joint venture, between Photographer and Brokerage.

8. The validity, construction and enforceability of this Agreement shall be governed in all respects by the laws of the State of Washington. The terms and conditions set forth herein constitute the entire agreement between the parties and shall supersede all prior agreements. This Agreement may not be amended except in writing signed by the respective parties. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.

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