244 FIFTH AVENUE, #2768
NEW YORK, NY 10001
STOCK FOOTAGE USAGE AGREEMENT
1. Footage furnished by MyFootage.com, LLC is non-exclusive and is authorized for use only in production specified in your purchase order and our license agreement. This footage may not be sold, rented, licensed, re-used or re-cut into any other production.
2. Once this agreement has been signed and returned and master materials have been processed, the license must be paid in full regardless of whether or not footage has been used in the final cut. Additional charges will apply if cuts are repeated or lengthened.
3. ALL FEES ARE PAYABLE IN FULL AND IN ADVANCE OF THE DELIVERY OF MASTER MATERIALS.
4. Producer agrees to pay all transfer, editing, laboratory and delivery costs associated with the processing of this order.
5. MyFootage.com, LLC warrants that the footage provided is in the U.S. public domain or has been licensed from the copyright holder, and therefore indemnifies Producer against all copyright claims, losses and liabilities as a result of copyright infringement. MyFootage.com, LLC is not responsible for obtaining other clearances and permissions that may be needed with the use of this footage (primarily but not exclusively music, talent, trademark and/or personal releases) and producer shall hold MyFootage.com, LLC harmless from any and all claims and liabilities, other than copyright, arising out of Licensee’s use of the footage that is not covered by MyFootage.com, LLC’s warranty.
6. Footage will only be used in the project described above. No other use of the footage is permitted.
7. If applicable Producer will return all master elements to MyFootage.com, LLC in prompt fashion after project is completed. Return of master material not applicable if master elements are digital files.
8. Upgrades or changes to the license agreement are not permitted without prior notification to MyFootage.com, LLC.
9. The agreement is not valid if payment has not been rendered, the terms of the license are exceeded and/or Producer violates any terms of the license.
10. Notwithstanding any remedy to which MyFootage.com, LLC may become entitled to in equity or at law, MyFootage.com, LLC hereby waives any right it may have to enjoin or seek to enjoin the development, production, exhibition and/or distribution of the Production.
The provisions herein constitute the entire understanding between the parties hereto with respect to the subject matter hereof. Any additions to or changes in this Agreement shall be valid only if set forth in writing and signed by the parties.