TERMS AND CONDITIONS OF COMMISSIONING AND REPRODUCTION OF PICTURES FROM GHA PHOTOGRAPHY (Woah San)
1. In this Agreement the terms
(a) Picture includes a photograph, transparency, digital image,
digital scan, design, artwork, painting, montage drawing, engraving or
any other item which may be offered for the purposes of reproduction.
(b) Reproduction includes any form of publication or copying of
the whole or part of any picture and whether or not altered by
printing, photography, slide projection (whether or not to an audience)
xerography, artist's reference, artist's illustration, layout or
presentation, electronic or mechanical reproduction or storage by any
other means
(c) the Client is the person or organization to whom the
invoice is addressed (whether or not the Client is acting for a third
party).
(d) GHA Photography and Woah San are the trading names of Warren A. Neal.
2. Ownership
(a) The entire copyright in the pictures is retained by GHA Photography at all times throughout the world.
(b) GHA Photography supplies the technical and
artistic ability to illustrate an idea photographically, and sells the
right to reproduce those pictures in a given context. No property or
copyright in any pictures shall pass to the Client whether on its
submission or on GHA Photography Images' grant of reproduction rights in
respect thereof.
(c) GHA Photography asserts both its moral right to be identified
as the author of its work and the right to a credit is asserted.
(d) Unless otherwise agreed in writing if any picture
reproduced by the Client omits the copyright notice, logo or credit line
specified by GHA Photography any fee payable by the Client
shall be subject to an increase specified by GHA Photography.
3. Reproduction rights
(a) Reproduction rights (if and when granted) are strictly
limited to the use and period of time specified on GHA Photography’ package list. An agreement must be reached with GHA Photography before the pictures are used for a different purpose
or after the license to use has expired.
(b) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
(c) Reproduction rights granted are personal to the Client and
may not be assigned, nor may any picture submitted to the Client be
loaned or transferred to third parties save for the purpose of the
exercise by the Client of such reproduction rights
(d) Any reproduction rights granted are by way of license and
no partial or other assignment of copyright shall be implied.
(e) GHA Photography reserves the right to refuse to
supply or grant a reproduction license to a third party when requested
to do so by the Client.
4. Rights
The following terms are used when describing the reproduction rights granted by GHA Photography to the Client:
websites owned or managed by the client or its representatives.
5. Booking Deposits
(a) Once the Client has made a booking for a specific time and
date, GHA Photography will not accept any other work from other
clients for those times and dates.
(b) As a result, once a booking is made with a deposit, if it
is subsequently cancelled or missed, a cancellation fee will be charged
to the client according to the following schedule. When a client
cancels a booking within 3 days of any confirmed date, Booking deposit will be re-charged.
6. Overdue payments
(a) Gregory Maxx Photography reserves the right to suspend
ongoing services, such as (but not limited to) the Downloadable Web Page
or other distribution of pictures, once any payment issued to a Client
becomes overdue, and also reserves the right to inform the reason of
this to third parties to whom this suspension of service affects.
7. Image alteration
(a) No addition to, deletion from or alteration to or
adaptation of a picture may be made without the written permission of
GHA Photography.
8. Indemnification
(a) While GHA Photography takes all reasonable care in
the performance of this agreement generally, it shall not be liable for
any loss or damage suffered by the Client of by any third party
arising from use or reproduction of any picture or its caption.
(b) The Client agrees to indemnify GHA Photography in
respect of any claims or damages or any costs arising in any manner from
the reproduction without proper reproduction rights of any picture
supplied to the Client by GHA Photography.
9. US Law
(a) This Agreement shall be subject to and constructed
according to US Law and the parties agree to accept the exclusive
direction of the Courts of the United States.
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
PAYMENT
Payment should normally be made by credit card or cash to when done
as a check make payable to "GHA Photography". Proof of postage of
remittances is not considered proof of receipt, and clients are advised
to send payment by any method affording proof of delivery. |