Conde Nast/CondeNet Contract: - Power of Attorney

Commentary and Analysis continues:

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16. Power of Attorney: If this agreement is executed by an agent or representative on Freelancer’s behalf, said agent or representative represents and warrants that it has full right and authority, pursuant to a currently valid Power of Attorney from Freelancer, to make this agreement on behalf of and to bind Freelancer, including the grant of rights and warranties and representations specified herein, and will indemnify Company against any claims of any nature arising from said agent or representative’s execution of this agreement. Upon Company’s request, said agent or representative will provide to Company the above-specified Power of Attorney.	9. Power of Attorney: If this agreement is executed by an agent or representative on Freelancer’s behalf, said agent or representative represents and warrants that it has full right and authority, pursuant to a currently valid Power of Attorney from Freelancer, to make this agreement on behalf of and to bind Freelancer, including the grant of rights and warranties and representations specified herein, and will indemnify Company against any claims of any nature arising from said agent or representative’s execution of this agreement. Upon Company’s request, said agent or representative will provide to Company the above-specified Power of Attorney.
COMMENTS: These two terms are identical, save for the fact that they have different positions within the contract. This is to cover Conde Nast in the event they assign a photographer from a photo agency, or Photo Rep. I submit that Conde Nast should exercise the requirement of producing the Power of Attorney, since I can’t say I’ve ever seen the Power of Attorney language in contracts from Getty, or other agency contracts I have reviewed. They may be in some problematic waters on this.

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