ADVERTISING AGREEMENT
This Agreement is made on this _________________ Between ______________
(hereinafter referred to as the “company”) and _____________________
(hereinafter referred to as the “photographer”) together referred to as “parties”.
WHEREAS the company is in the business of selling colorful wine glasses; and
WHEREAS the photographer is desirous of using the colorful wine glasses for
photography and further use;
The parties have agreed to be legally bound by the following terms; –
1. Product.
Parties herein agree that the company’s product for photography is colorful wine
glasses.
2. Term.
Parties agree that the term of this Agreement shall be for a period of 30 days.
3. Compensation.
Parties herein agree that the samples of the products sent to the photographer shall
be free in exchange for the photographer providing the photographs to the company
within 30 days of taking them.
4. Delivery.
The company shall make all the necessary arrangements and plan for delivering the
products to the photographer.
The photographer shall sign and acknowledge the delivery of the products.
5. Warranties
The company warrants that; –
i. It has the full authority to enter into and execute this Agreement.
ii. To the best of its knowledge, there are no ongoing or anticipated claims
against it and the product.
The photographer warrants that; –
i. It has the full authority and capacity to execute and agree to the terms of this
Agreement.
ii. It has the facilities available to complete the terms under this Agreement.
6. Failure to comply.
Parties herein agree that in the event the photographer fails to return the wine
glasses or the photos taken are not delivered to the company within 30 days, the
photographer will pay the retail price for the wine glasses plus the shipping costs
used by the company in delivering the wine glasses (+$10 per set of 6 wine glasses).
7. Dispute Resolution.
In case of any dispute or conflict that arises from the non-performance of the terms
in this Agreement, parties mutually agree to negotiate and resolve the dispute. If the
same fails, it shall be referred to a single arbitrator, whose decision shall be binding
and final.
8. Intellectual Property.
The parties agree that the brand of the product is the company’s intellectual property,
and for the photo products, it’s the intellectual property of the photographer, no
transfer of ownership shall be construed from the terms and obligations under this
Agreement.
9. License.
The photographer herein agrees to and gives the company exclusive right to use the
produced photographs for promotional use on social media, with the photographer
receiving the credit for the posts.
10. Severability.
Suppose a provision of this Agreement is found by a court of competent jurisdiction
to be invalid and unenforceable. It will be severed from the Agreement, and the other
provisions will continue and not be affected.
11. Expenses.
Each party shall bear its costs in fulfilling this Agreement’s terms.
12. Governing Law.
The terms of this Agreement will be governed by the Laws of the state of California.
13. Waiver.
A waiver by any of the parties herein of their rights in this Agreement does not infer a
further release of that right or any other right provided for in this Agreement.
14. Entire Agreement.
The terms and obligations in this Agreement shall be construed as the entire
Agreement between the parties concerning the subject herein.
In the performance of the conditions in this Agreement, time is of the essence.
IN WITNESS WHEREOF, the parties have signed this Agreement on the date
indicated hereinbelow; –
By the COMPANY; –
Designation:
______________________________
Signature:
________________________________
Date:
____________________________________
Email Address:
____________________________
By the PHOTOGRAPHER; –
Designation:
____________________________
Signature:
______________________________
Date:
__________________________________
Email Address:
__________________________
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