This Franchise Agreement ("Agreement") is for any entity, hereby known as franchisee, purchasing the Image Franchisee from Fotografia9, a brand of MJS Media Services LLP, hereby known as Franchisor.
A. MJS Media Services LLP owns and operates a photography business under the name Fotografia9 and has developed a system for the operation of a photography business.
B. Franchisee desires to obtain the right use licensed photos and videos originally captured by Fotografia9 , subject to the terms and conditions set forth in this Agreement. The list of photos and videos under this agreement are set here : and can be changed without notice by the Franchisor.
1. Grant of Franchise.
Subject to the terms and conditions of this Agreement, Franchisor grants to Franchisee the right to use photos and videos given for the term of this Agreement.
2. Franchise Fee.
Franchisee shall pay Franchisor a franchise fee as per period chosen ( 1/3/5 years) to acquire the franchise. This fee is non-refundable once paid.
3. Continuing Fees.
Franchisee shall pay to Franchisor the continuing fees within the last 20 days of the end of the term of the agreement period. The continuing fees will be as per period chosen.
4. Training and Assistance.
Franchisor shall provide Franchisee with one time training in the following manner :
- One time business evaluation.
- Business Development strategies.
- Business Improvement strategies.
Except for Mumba, India, there are no exclusive territory or region and any franchisee can operate anywhere without any exclusivity.
6.Term and Termination.
a. This Agreement shall be in effect for a term as chosen by the Franchisee. from the date of execution, unless earlier terminated as provided in this Agreement.
b. Franchisor may terminate this Agreement if Franchisee breaches any material provision of this Agreement, including failure to pay fees or failure to follow the Franchisor's system.
c. Franchisee may terminate this Agreement with written notice to Franchisor if Franchisor breaches any material provision of this Agreement.
d. Upon termination, Franchisee shall immediately cease using the Franchisor's photos, videos, and system.
7. Rights of Use
a. The Franchisor gives the Franchisee the use of select photos and videos as per the plan selected by the Franchisee.
b. The Franchisee has the right to use the said images and videos in his or her own social media pages and website.
c. The Franchisee shall not use any image or video procured under this agreement from Franchisor in any third party website, social media page or vendor of any kind.
d. The Franchisee cannot further franchise the images and videos procured under this agreement from the Franchisor.
Franchisee shall indemnify and hold harmless Franchisor from any claims, damages, or expenses arising from Franchisee's operation of the photography business.
This Agreement shall be governed by and construed in accordance with the laws of the Govt of India, in which Franchisor's principal place of business is located.
This Agreement contains the entire understanding between the parties and supersedes all prior negotiations, understandings, and agreements between them.
IN WITNESS WHEREOF, the parties have executed this Agreement by way of purchase of a Franchise plan by the Franchisee.