Snookie's Photography
IMAGES OF WILDLIFE AND NATURE
TERMS AND CONDITIONS
Please read carefully the "Terms and Conditions" section; print out two copies of the entire contract, return one copy to Snookie's Photography with your payment and retain the other copy for your files. No work shall begin nor shall a sale be complete until this entire contract, including all required signatures, is returned to Snookie's Photography
The following is a legal agreement between you and Snookie's Photography
All images are for lease only. By Licensing an image from Snookie's Photography you agree to be bound by the terms of this agreement. By reading this agreement you show that you understand and accept these terms. The term lease means renting to use(one time only), you are not buying the photograph/s, therefore you do not own the photograph/s, copyright and all other rights to images shall remain with the photographer Bev Snider of Snookie's Photography . No images are within the Public Domain.
"Photograph/s" means all photographic material furnished by Photographer hereunder,
whether transparencies, negatives or prints; photographic, electronic, magnetic or otherwise.
TERMS AND CONDITIONS
Snookie's Photography grants you non-exclusive, non-transferable rights to use an image for a single use and specified time period selected at time of licensing. Each image ordered can only be used for the use and time period specified. (License agreement will outline and govern usage.) No other use is permitted of an image or part of an image. If you license an image and later decide to use it for a longer use period, greater production run or use it in another use category you must license and pay our fees for the new additional usage. Snookie's Photography does not grant electronic rights for photos. All rights are reserved except those specified in this agreement.
When you order an image you agree to pay for each and every image within 30 days of acceptance date of this license agreement. License for use is only effective upon receipt of payment in full. Thereafter, $150.00 re-billing fee and 2% per month service charge will be charged on the unpaid balance. Adjustment of amount items must be requested within ten days of invoice receipt. Client will be responsible for all costs and expenses incurred in the collection of this invoice and materials,
including and not limited to attorney fees and collection fees.
Insurance: Submission and use rights granted are specifically based on the condition that client
assumes insurers liability to (a) indemnify photographer for loss, damages, or misuse of any photograph(s) and (b) return all photographs prepaid and fully insured, safe and undamaged, by bonded messenger, air freight or registered mail. Client assumes full liability for its employees, agents, assigns, messengers, and freelance contractors for any loss, damage, or misuse of photograph/s. Review of our photography is for a period of no more than 15 days, delayed returns are subject to holding fees.
Reimbursement by Client for loss or damage of each original photograph/s shall be in the amount of One Thousand Five Hundred Dollars ($1,500) each, or such other amount set forth next to
said item on the front hereof. Photographer and Client agree that said amount represents the fair and reasonable value of each item, and that Photographer would not sell all rights to such item for less than said amount.
You may not include image/s in FTP form. You may not market, distribute, sell or sub-license any image/s and no product containing the image/s shall grant the right to duplicate or distribute the image/s to any third party or end user. Image/s may not be stored, reproduced, printed, copied, published, distributed or, incorporated into other image/s or used as the basis for other image/s or illustration/s, drawing/s or painting/s without express written permission of Bev Snider. Our copyright notice must be displayed on image/s at all times even after being leased. For editorial usage of the image/s Snookie's Photography requests that publishers provide a credit with the image/s, "copyright bev snider" as indicated on the caption sheet/s or the individual slide captions mounted on each image/s, and must accompany each use, or invoice total amount will be tripled. Client will provide copyright protection on any use and assign it to Photographer immediately upon request, without charge. Client agrees to supply Photographer with six free copies of each use of the photograph/s. If you fail to abide by these conditions the license is automatically terminated. You must agree to destroy all image/s in your possession from Snookie's Photography at point of termination.
You may not license and use any image/s of ours or any part of an image/s in association with fraudulent, embarassing, pornographic, defamatory, immoral, offensive, infringing, illegal material.
LIMITATIONS OF WARRANTIES AND LIABILITY:
Snookie's Photography make no warranties, express or implied, including without limitation
any implied warranties of merchantable quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade, or course of dealing. The entire risk
as to the results and performance of the image/s is assumed by you. Neither we nor our dealers
or suppliers shall have any liability to you or any other person or entity for any indirect, incidental, special or consequential damages whatsoever, including, but not limited to, loss of
revenue or profit, lost or damaged data or other commercial or economic loss, even if we have
been advised of the possiblility of such damages, or they are foreseeable. We are also not
responsible for claims by a third party. Our maximum aggregate liability to you and that of our
dealers and suppliers shall not exceed the amount paid by you for the image/s. The limitiations
in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach. Some states/countries do not allow the
exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Dispute:
Any dispute regarding this invoice, including its validity, interpretation, performance,
or breach shall be arbitrated in Sault Ste. Marie, Ontario, and the laws of Canada. Any dispute involving One
Thousand Five Hundred Dollars ($1500.00) or less may be submitted, without arbitration, to
any court having jurisdiction thereof. Client shall pay all arbitration and court costs, reasonable
legal fees and expenses, plus legal interest on any award or judgement, plus any and all
expenses, incurred in pursuit of this claim.
The License Request Form below must be filled in completely and signed, this is important if we are to complete your order. The image/s listed below are being licensed for the purpose/s listed below.
Licensee Contact Name________________________________
Address_____________________________________________
E-Mail Address_______________________________________
City________________________URL__________________________
State/Province_____________________________________________
Zip________________________________________________________
Telephone_________________________________________________
Fax________________________________________________________
Image Number/Description:___________________________________
Period of License_______________________________________
Release Date_______________________________________________
Number of Insertions_________________________________________
Size of Usage_______________________________________________
Type of Use for Image________________________________________
Circulation__________________________________________________
Type of Printed Matter________________________________________
Licensed Territory____________________________________________
Described Territory: Exclusive, Non-Exclusive or Exclusivity______________
Shipping: E-mail (free of charge), Airmail (Add $10 Canadian to your shipment), Courier (Add $30 Canadian to your shipment_____________________________________________________
(Any usage rights not exclusively transferred are reserved to Snookie's Photography , usage beyond that
granted to the Client by the Contract shall require payment of a mutually agreed upon additional
fee subject to all terms.)
Acceptance of Terms
The signature of both parties shall evidence acceptance of these terms.
Consented and agreed to this ________ day of ________, ________
By: Bev Snider (for Snookie's Photography ): ____________________________
Company (Client):___________________________________________
Authorized Signature(Client):__________________________________
Print Name and Title:_________________________________________
Send copy of license agreement fill out all spaces and send
with money order or certified cheque to Bev Snider, P.O. Box 78, Echo Bay,
Ontario, Canada, P0S 1C0.
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