William B. Folsom Photography, Inc.
DELIVERY/LEGAL TERMS
William B. Folsom Photography, Inc.
is a stock photography agency
with a wide array of stock photographs.
The following are some of the
legal requirements used in the conduct of business.
MODIFICATIONS OF THE TERMS:
Modifications to these terms can be made, provided they are acceptable to both parties. Unless written changes are made within fourteen days (14 days), acceptance of the material (including publication) signifies legal acceptance of all terms. If these terms are not acceptable, please return all material immediately.
TERMS AND CONDITIONS
1. Submission is for examination only. Photographs may not be reproduced, copied, projected, or used in any way without (a) express written permission on Photographer's invoice stating the rights granted and the terms thereof and (b) payment of said invoice. Client agrees to return all photographs not more than sixty (60) days after submission or pay thereafter Five United States Dollars (US$5.00) per week per transparency. Extensions are easily granted to firms seeking additional time to review images, if done in writing.
2. Except where outright purchase is specified, all photographs and rights not expressly granted remain the exclusive property of the Photographer without limitation. Client acquires only ONE-TIME, NON-EXCLUSIVE, EDITORIAL USE ONLY rights unless otherwise specified in writing.
3. Client agrees to return all photographs not more than thirty (30) days after publication or invoice date, or pay thereafter Five United States Dollars (US$5.00) per week per transparency.
4. Submission and use rights granted are specifically based on the condition that Client assumes insurers liability to (a) indemnify Photographer for loss, damage, or misuse of any photograph(s) and (b) return all photographs safe and undamaged. Client assumes full liability for its employees, agents, assigns, messengers, and freelance researchers for any loss, damage, or misuse of photographs. Damage is limited to the individual original transparency and excludes the outside paper or plastic transparency holder as well as duplicates (where damage is limited to replacement costs). Damage to the transparency includes scratches, tears, punctures, burns, spills, fingerprints, or anything else which permanently damages, alters, or degrades the value of the image. The immediate return of all unwanted outtakes is especially appreciated and reduces the Client's responsibilities and liabilities.
5. Reimbursement by Client for loss or damage of each original transparency shall be in the amount of One Thousand Five Hundred United States Dollars (US$1,500.00), or such other amount set forth next to this item on the side of this paragraph and initialed by both parties. Photographer and Client agree that said amount represents the fair and reasonable value of each original transparency over the life of the image. Client will have 30 days after notification to return slides; thereafter the image(s) will be considered as lost. All rights to the images will then be transferred to the client and payment of US$1,500.00 will be immediately due. If images are subsequently found, they remain the property of the client and no refunds will be made. Failure to pay within 30 days will result in the account being turned over to a collection agency or to an attorney. Client agrees to hold the Photographer, collection agency, or attorney harmless in any effort to collect payments on lost or damaged images. Client will be responsible for all reasonable attorney fees incurred in recovering damages for lost or damaged images.
6. Adjacent credit line for Photographer, and the copyright credit line: "©WILLIAM B. FOLSOM, [year of publication]" must accompany each use, or invoice will be tripled. Alternatively, full photographic and copyright credit may appear elsewhere in the publication if this is the treatment accorded to all other Photographers.
7. Client will indemnify Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the use of any photograph(s), unless a model or other release was specified to exist, in writing, by the Photographer. The copyright notice next to the Photographer's name does NOT constitute or imply the existence of any other copyright except that of the Photographer for that individual transparency. This is especially true for works of art where copyrights are also owned by living artists. It is also true for the property of others. Unless so specified, no release exists. Photographer's liability for all claims shall not exceed, in any event, the amount paid under this invoice.
8. Photographer does not warrant the accuracy of labels, especially those dealing with the identification of living creatures, including family, genus, or species.
9. Payment is required within thirty (30) days of publication or invoice. A two percent (2-%) per month service charge on unpaid balance is applied thereafter. Adjustment of amount of terms must be requested within ten (10) days of invoice receipt.
10. Client shall provide two (2) free copies of uses appearing in print.
11. Client will not make or permit any alterations, additions, or subtractions in respect of the photographs, including without limitation any digitalization or synthesization of the photographs, alone or with any other material, by use of computer or any other method or means now or hereafter known without the express written permission of the Photographer and/or subjects depicted in the photograph. Photographer retains ALL RIGHTS to all portions of the image.
12. Permission to scan or digitize images is granted for pre-press purposes only, provided the digitized versions are stored only as long as work on the project is in progress. When the project is complete all digitized versions of the images must either be destroyed or returned to the Photographer. Photo CD scans made of the images must be returned to the Photographer and become and remain the property of the Photographer.
13. Client may not assign or transfer this agreement or any rights granted hereunder. Holding or use of the photographs constitutes acceptance of the above terms, which incorporate by reference Article 2 of the Uniform Commercial Code and the Copyright Act of 1976, as amended. No amendment or waiver is binding unless set forth in writing and signed by the parties.
14. Any dispute regarding this document, including its validity, interpretation, performance, or breach shall be arbitrated in Fairfax County, Virginia under rules of the American Arbitration Association and the laws of Virginia. Judgement on the Arbitration Award may be entered in the highest Federal or State Court having jurisdiction. Any dispute involving One Thousand Five Hundred United States Dollars (US$1,500.00) or less may be submitted, without arbitration, to any court having jurisdiction thereof. User shall pay all arbitration and court costs, reasonable legal fees and expenses, plus legal interest on any award or judgment.
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The following document will accompany each shipment. The client is expected to sign and return the document after carefully examining the submission:
ACCEPTANCE OF THE TERMS OF SALE
ENCLOSED PLEASE FIND ___ ORIGINAL 35MM SLIDES.
THIS COUNT IS CONSIDERED CORRECT AND THE QUALITY
OF THE PHOTOGRAPHS IS DEEMED
SATISFACTORY FOR REPRODUCTION.
IF NOT, WILLIAM B. FOLSOM PHOTOGRAPHY, INC.
(PHOTOGRAPHER) MUST BE INFORMED IN WRITING
WITHIN ONE WEEK OF RECEIPT OF THE IMAGES.
THE PHOTOGRAPHER VALUES EACH IMAGE AT US$1,500
IN THE EVENT OF LOSS OR DAMAGE.
THIS IS A FAIR AND ACCEPTABLE VALUATION.
THE CLIENT AGREES TO PROVIDE TWO
COMPLIMENTARY TEAR SHEETS OR
COPIES OF USES APPEARING IN PRINT.
ANY MODIFICATIONS TO THE TERMS OF SALE
MUST BE MADE IN WRITING.
ALL TERMS OF SALE ARE ACKNOWLEGED
AND ACCEPTED BY:
_____________________________________ DATE:
IF YOU WOULD LIKE TO HAVE ME SEND YOU
MY IMAGES WITHOUT DELAY,
YOU CAN E-MAIL OR FAX (703-448-1612)
THE FOLLOWING MESSAGE.
IF YOU FAX IT,
PLEASE PUT IT ON YOUR STATIONARY
AND SIGN THE DOCUMENT.
THIS IS WILL SPEED THE PROCESS.
"COPY AND PASTE" THE MESSAGE BELOW
SIGNIFYING YOUR ACCEPTANCE OF THE TERMS.
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I have read the Legal Terms provided
by William B. Folsom Photography, Inc.
and accept them, except as noted below:
1.
2.
3.
I agree that loss of or damage to an original image
is subject to payment of $1,500 for each slide.
I agree to pay all legal expenses required
to recover property or payment due
to William B. Folsom Photography, Inc. if necessary.
Shipping:
I agree to pay $50.00 to cover William B. Folsom Photography, Inc.
handling and shipping of all images, including insurance.
This amount can be deducted from any payments
for slides selected for publication.
I prefer to have the images shipped via
Federal Express and will pay all costs associated with delivery
and return of the images.
FEDEX ACCOUNT:_______________________.
EXPRESS PACKAGE SERVICE:
__ FedEx Priority Overnight
__ FedEx Standard Overnight
__ FedEx 2nd Day
__ FedEx Express Saver
FEDEX PAYMENT:
_____ RECIPIENT ______ 3rd PARTY BILLING
USAGE:
_____ Editorial.______ Commercial.
Publication size: 1/4 - 1/2 - 3/4 - one-page (circle).
Print run: ____________________ copies.
Usage fee: $___________________.
I am authorized to sign and/or send
this receipt by fax or e-mail.
I agree to sign and return the Legal Documents
that accompany the
submission.
____________________________________
Signed (date)
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