1) “Photograph(s)” means all photographic material furnished by The Mariners’ Museum hereunder, whether transparencies, negatives, prints, digital or otherwise.

2) Submission is for examination only. Photographic materials may not be reproduced, copied, projected, or used in any way without (a) express written permission on The Mariners’ Museum invoice stating the rights granted and the terms thereof, and (b) payment of said invoice. The reasonable and stipulated fee for any unauthorized use shall be three times the normal fee for such usage.

3) Client agrees to pay a research fee billed at $30.00 per hour if research is required. Minimum fee is $30.00

4) Client assumes insurer’s liability (a) to indemnify The Mariners’ Museum for loss, damage, or misuse of any photographs and
(b) to return all photographs prepaid, fully insured, safe and undamaged, by bonded messenger, airfreight, or registered mail. Client assumes full liability for its principals, employees, agents, affiliates, successors and assigns (including without limitation, messengers and freelance researchers) for any loss, damage, or misuse of the photographs.

5) Client may not assign or transfer this agreement, or any rights granted hereunder. This agreement binds and insures to the benefit of The Mariners’ Museum, client, client’s principals, employees, agents and affiliates and their respective heir’s legal representatives, successors and assigns, client and its principals, employees, agents and affiliates are jointly and severally liable for the performance of all payment and other obligations hereunder. No amendment or waiver of any term is binding unless set forth in writing and signed by the parties.

6) Client will not make or permit any alterations, additions, or subtractions in respect of the photographs, including without limitation any digitalization or synthesization of the photographs alone or with any other material, by use of computer or other electronic means or any other method or means now or hereafter known.

7) Client will indemnify and defend The Mariners’ Museum against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of any use of any photographs for which no release was furnished by The Mariners’ Museum or any photographs which are altered by Client. Unless so furnished, no release exists.

Client agrees to the Terms & Conditions set forth in this agreement by signing and dating below. Research will begin when Photographic Services & Licensing is in receipt of the signed agreement. Please return signed copy by mail or fax (757-591-7354) to Photographic Services & Licensing. Copy will be attached to client file.