By agreeing to Magnum Photos Terms and Conditions for the Magnum Submissions 2023 process, the agreement is between yourself (the “Photographer”) and Magnum Photos (the “Company”), who’s registered address is 12 West 31st Street, New York, NY 10001, United States. The Magnum Photos Terms and Conditions are additional to the Terms and Conditions of the software provider Picter, which can be viewed here: https://www.picter.com/legal/terms/

By submitting photos (the “Work”) to the Magnum Submissions 2023 process, the Photographer hereby agrees that:

The Magnum Submissions 2023 will allow any Photographer to submit Work from January 16th, 2023 until the closing date on midnight (GMT) on April 30th, 2023.

Decisions on any successful applications for membership to the Company will be made in June/ July 2023. The Licensor hereby agrees that:

1.The Photographer is the copyright holder of the Work, or has the specific right to distribute the Work and to agree to a non-exclusive release of the Work on behalf of the copyright holder.

2. The Work is an original work (except to the extent that it may include third party clearances, where the Licensor has in her/his possession any necessary written permission which may be delivered to the Company, upon request), is free of any lien, claim, or debt of any kind, is not in the public domain in any country throughout the world.

3. The Work contains no material that is libelous, obscene, plagiarized or any other unlawful matter, or is in any way illegal, and that it in no way infringes upon the copyright or violates any other right of any person so as to subject the Company to liability to any third party.

4. The Work will only be viewed by the Company on the Picter software platform by Full Members and Production staff of the Company

5. By submitting the Work, the Photographer grants the Company a non-exclusive license to view the Work on the Picter software platform.

6. The Company and Picter will not publish, share or redistribute any of the Work to any individuals or organisations external to the Company for the duration of the submission process or post-submission process.

7. The Work may be submitted in two to three projects.

8. Successful applicants may be contacted and a public announcement on the acceptance will be dispatched to media outlets and on the Company’s own public-facing websites.

9. Successful applicants may be contacted by the Company to agree to a new license to cover the public display of the Work on the Company’s own website platforms.

10. The Company cannot give out personal information regarding the Company’s membership of photographers.

11. The Company will not correspond with any Photographer regarding any unsuccessful application for membership.

12. The Photographer shall indemnify, defend and hold the Company, its parent company, subsidiaries and affiliated companies, successors, licensees and assigns and respective officers, directors, shareholders, employees, partners and agents who was or is made a party or is threatened to be made a party to or is involved in threatened, pending or completed claim, action, suit, arbitration, alternative dispute resolution proceeding, administrative hearing whether of a civil, criminal, or administrative nature (any of the foregoing, a “Proceeding”), or any appeal of such a Proceeding or any inquiry or investigation that could lead to such a Proceeding harmless from and against any and all claims, damages, losses, liabilities, costs and expenses, including attorneys’ fees, costs or disbursements arising out of any breach of this Agreement.

13. All matters relating to the interpretation, construction, validity and enforcement of this Agreement shall be governed by and construed in accordance with the domestic laws of the State of New York without giving effect to any choice or conflict of law provision. The exclusive jurisdiction for any claim, action or dispute will be in the state and federal courts of the State of New York and the venue or the adjudication or disposition of any such claim, action or dispute will be in the City of New York, New York. The parties waive their respective rights to a trial by jury.

14. This Agreement and the documents referred to herein shall constitute the entire agreement between the parties with respect to the subject matter hereof and shall be amended only by a writing signed by both parties. This Agreement contains all of the terms agreed and no waiver or modification of any term of the agreement will be valid, unless it is in writing and signed by the Licensor and the Company. The Licensor hereby warrants that [he/she] has read the above authorization, release, and agreement prior to its execution, and is fully familiar with the contents thereof.