La Quinta Arts Foundation (“LQAF”) welcomes patrons to enjoy their experience and be able to capture memories of good times at LQAF events. However, LQAF does not allow photography and videography of its events for the gain or promotion of any individual or entity (collectively, a “Person”) other than LQAF. Any Person (“Licensee”) taking photographs at LQAF’s events is granted a single, non-exclusive, restricted, and revocable permission to capture photographic or videographic images at LQAF events (collectively, the “Images”) under the following terms and conditions:
(1) Licensee shall obtain Model, Minor Model, and Property Releases as required by law.
(2) Licensee agrees to abide by all Federal and State privacy laws governing the capture and distribution of Images obtained at public and/or private events.
(3) Licensee shall not duplicate, publish, transmit, or broadcast the Images in any medium of all media now known or hereafter devised throughout the world without the prior express written consent of LQAF.
(4) Licensee shall not sell, trade, or use the Images for monetary gain.
(5) Licensee shall, within ten (10) days of capture of photographic Images, provide LQAF with copies of all photographic Images in jpg. format via e-mail to firstname.lastname@example.org.
(6) Licensee shall, within ten (10) days of capture of videographic Images, provide LQAF with copies of all videographic Images via email to email@example.com.
(7) Licensee agrees LQAF may use Licensee the Images, in part or whole, and howsoever determined, without compensation or other consideration to Licensee.
(8) Licensee hereby releases and discharges LQAF, its employees, agents, successors and assigns from any and all claims, demands or causes of actions that it may now have, or may hereafter have acquire, arising out of or relating to Licensee’s utilization of the license granted herein or LQAF’s use of the Images.
(9) Licensee hereby agrees to indemnify, defend and hold LQAF, its parent, affiliates, subsidiaries, agents, representatives and associates, and the officers, directors and employees of each of them harmless from and against all losses, costs, damages, judgments, liabilities and expenses arising from any claim whatsoever and whenever brought, which may be brought based, directly or indirectly, upon Licensee’s activities pursuant to the license granted herein.
(10) Licensee understands that a breach by Licensee of any of Licensee’s undertakings hereunder may cause LQAF damage which could not readily be remedied by an action at law. Any such breach would, therefore, entitle LQAF to equitable remedies, costs and attorneys’ fees in addition to any other rights provided by law.
(11) Licensee hereby agrees that, upon Licensee’s failure to comply with any of the foregoing terms and conditions, the license granted hereunder shall be automatically terminated and shall be deemed null and void relating back to the date upon which Licensee captured the initial Image at a LQAF event.
(12) LQAF shall have the right to terminate any license granted hereunder, and withdraw the authorization it has granted hereby at any time immediately upon written notice to Licensee.
(13) The foregoing contains the full and complete understanding and agreement between LQAF and Licensee with respect to the within subject matter, and supersedes all other agreements between LQAF and Licensee, whether written or oral, relating thereto, and may not be modified or amended except by written instrument executed by LQAF and Licensee.
(14) In the event of any dispute arising hereunder, such dispute shall be governed under the laws of the State of California. LQAF and Licensee further agree to be subject to the jurisdiction in courts located in the County of Riverside, State of California.