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FLARE JOURNAL Photography Submission Terms and Conditions
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This document constitutes a binding agreement (“Agreement”) between you (the “Entrant”) and Flare Journal (“the Publisher”) regarding any photographic work(s) you submit for consideration (the “Work”). By submitting the Work, you acknowledge and agree to the following terms and conditions.

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1. Retention of Ownership The Entrant shall retain full ownership and copyright of the Work. Nothing in this Agreement shall be construed as a transfer of copyright or ownership from the Entrant to the Publisher.

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2. Grant of License In consideration for the potential publication and promotion of the Work, the Entrant hereby grants to the Publisher and its affiliates, partners, and assigns a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable license to:

  • 2.1. Reproduce, distribute, and publish the Work, in whole or in part, in any and all editions of the Flare Journal publication, including in print, digital, and archival formats.

  • 2.2. Display, perform, and transmit the Work, in whole or in part, through the Publisher’s owned and operated digital channels, including but not limited to its website and social media platforms (e.g., Instagram).

  • 2.3. Adapt, modify, and create derivative works from the Work for use in promotional and marketing materials for the Publisher and the Flare Journal publication. Such materials may include, but are not limited to, social media graphics, posters, and digital advertisements. The Publisher agrees that any such modifications will be made for the purposes of formatting, cropping, or the inclusion of promotional text, and will not be made with the intent to alter the fundamental meaning or integrity of the Work.

  • 2.4. Authorize third-party press and media outlets to use the Work for the sole purpose of reviewing, critiquing, or promoting Flare Journal.

  • 2.5. No Monetary Compensation. The Entrant acknowledges and agrees that the sole consideration for the license granted herein is the potential for exposure and promotion of their Work. No monetary compensation will be paid to the Entrant for the use of the Work.

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3. Representations and Warranties The Entrant represents and warrants that:

  • 3.1. The Work is the Entrant’s sole and original creation, and the Entrant has the full right and authority to enter into this Agreement and grant the rights herein.

  • 3.2. The Work does not and shall not infringe upon or violate any copyright, trademark, or other intellectual property right, nor any right of privacy or publicity, of any third party.

  • 3.3. The Entrant has obtained all necessary and valid releases for any identifiable individuals or recognizable private property depicted in the Work, where such releases are required by law for the uses contemplated in this Agreement. The Entrant acknowledges that while such releases are often required for commercial use, they are generally not required for works of an editorial or artistic nature depicting individuals in public spaces where there is no reasonable expectation of privacy. The Entrant warrants that the submission of the Work complies with all applicable laws regarding privacy and publicity rights.

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4. Indemnification The Entrant agrees to indemnify, defend, and hold harmless the Publisher, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or in connection with any breach or alleged breach by the Entrant of the representations and warranties set forth in Section 3 of this Agreement.

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5. Attribution The Publisher will make a commercially reasonable effort to provide attribution to the Entrant in connection with the use of the Work. The Entrant must provide their full name and, if desired, a social media handle for attribution purposes. Any inadvertent failure by the Publisher to provide credit shall not be deemed a breach of this Agreement. Upon notification by the Entrant of any inadvertent failure to provide credit, the Publisher agrees to make a reasonable effort to correct such an omission in future digital publications and uses where practicable.

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6. General Provisions

  • 6.1. No Obligation. The Publisher is under no obligation to select, publish, or otherwise use the Work. Selection of the Work for publication is at the sole discretion of the Publisher.

  • 6.2. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Montana, United States, without regard to its conflict of law provisions.

  • 6.3. Entire Agreement. This document constitutes the entire agreement between the Entrant and the Publisher concerning the subject matter herein and supersedes all prior communications and understandings, whether oral or written.

 

Photography Submission: Key Takeaways
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  • You Keep Ownership: You retain 100% copyright and ownership of your work.

  • You Grant Us a License: You grant us a permanent, non-exclusive (meaning you can still use your photo elsewhere), and royalty-free right to use your photo in our publication, on our website/social media, and for promotional purposes.

  • Your Responsibility: You guarantee the photo is your original work and that you have any necessary permissions (like model releases) for its use. You are responsible for any legal claims arising from a breach of this promise.

  • Attribution: We will make every reasonable effort to credit you by name when we feature your work.

  • No Guarantee of Publication: Submitting your work does not guarantee it will be selected for the publication.

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