1. The copyright to all images created, or supplied, pursuant to this agreement remain the sole, and exclusive property, of Jason Bradley and Bradley Photographic. There is no assignment of copyright, agreement to do work-for-hire, or intention of joint copyright expressed or implied hereunder. The Licensee (client) is licensing the images specified above in accordance with the Use Terms and Additional Terms in accord with the conditions stated herein. Proper copyright notice, which reads: C Jason Bradley/BradleyPhotographic.com, must be displayed with the following placement: Where credits are given in publication. Notice is not required if placement is not specified. Omission of required notice results in loss to the licensor (Jason Bradley and Bradley Photographic) and can be billed at triple the invoiced fee, or double the specified day rate. 2. All expense estimates are subject to trade variance of 10 percent. 3. Licensing of the above-specified images is not valid until payment of the above specified invoice has been paid in full. 4. Usage beyond that defined above requires an additional written license from the licensor. 5. Invoices are payable on receipt. Unpaid invoices 30 days after delivery of invoice are subject to a billing fee of up to 25% more than the original amount. Unpaid invoices 60 days delinquent are subject to a billing fee of up to 100% more than the original amount and can also be turned over to a collection agency. 6. Our having ordered the performance of any services required to complete the above-described assignment, and/or accepted delivery of any image created in connection with that assignment, constituted your acceptance by conduct of the terms on both sides of this invoice, in their entirety.
Terms and Conditions For Assignment Photography or Photo Licensing Delivery Memo
[1] Definition: "Image(s)' means all visual representations furnished to Client by Jason Bradley and Bradley Photographic, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media.
[2] Rights: All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored,remain the sole and exclusive property of Jason Bradley and Bradley Photographic, unless otherwise specifically provided elsewhere in this document. No rights are transferred to the client unless and until Jason Bradley and Bradley Photographic has received payment for the above specified invoice in full. The parties agree that any usage of any Image without the prior permission of Photographer will be invoiced at up to three times the above-specified invoice. Client agrees to provide Jason Bradley and Bradley Photographic with three copies of each published use of each Image not later than fifteen (30) days after the date of first publication of each use.
[3] RAW conversions and image preparedness: Jason Bradley and Bradley Photographic is not responsible for any digital image preparations including but not limited to: RAW conversions, digital retouching, resizing, sharpening, or formatting unless specifically stated elsewhere in this document.All digital images will be provided to the client on the media platform of Jason Bradley's and Bradley Photographic's choice including but not limited to: Compact disc, hard drive, flash card, DVD, or combination of the forementioned. Duplicates or replacements of lost or damaged media are subject a $50 service fee.
[4] Photo Credit: All published usages of Images will be accompanied by written credit to Jason Bradley and Bradley Photographic or copyright notice as specified on page one under "Conditions of Transaction," of this document, unless no placement of a credit or copyright notice is authorized under "Additional Terms," in this document.
[5A] Alterations: Client will not make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images, alone or with any other material, including making digital scans unless specifically permitted under "Additional Terms," in this document.
OR_[5B] Alterations: Client may not make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images, alone or with any other material, including making digital scans unless specifically permitted on the reverse side, except that cropping and alterations of contrast, brightness, and color balance, consistent with reproduction needs may be made.
OR_[5C] Alterations: Client may make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images alone or with any other material, including making digital scans, subject to the provisions as stated in [6] below.
[6] Indemnification: Client will indemnify and defend Jason Bradley and Bradley Photographic against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any Images or arising out of use of or relating to any materials furnished by Client. Unless delivered to Client by Jason Bradley and Bradley Photographic, no model or property release exists. Jason Bradley and Bradley Photographic's liability for all claims shall not exceed in any event the total amount paid under this invoice.
[7] Assumption of Risk: Client assumes full risk of loss or damage to or arising from materials furnished by Client and warrants that said materials are adequately insured against such loss, damage, or liability. Client shall indemnify Jason Bradley and Bradley Photographic against all claims, liability, damages, and expenses incurred by Jason Bradley and Bradley Photographic in connection with any claim arising out of use of said material hereunder.
[8] Transfer and Assignment: Client may not assign or transfer this agreement or any rights granted under it. This agreement binds Client and insures to the benefit of Jason Bradley and Bradley Photographic, as well as their respective principals, employees, agents, and affiliates, heirs, legal representatives, successors, and assigns. Client and its principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and Client is bound by, Client's oral authorizations for fees or expenses which could not be confirmed in writing because of insufficient time. This agreement incorporates by reference Article 2 of the Uniform Commercial Code, and the Copyright Act of 1976, as amended. To the maximum extent permitted by law, the parties intend that this agreement shall not be governed by or subject to the UCITA of any state.
[9] Disputes: Except as provided in [11] below, any dispute regarding this agreement shall, at Jason Bradley and Bradley Photographic's sole discretion, either: (1) be arbitrated in Monterey, California under rules of the American Arbitration Association and the laws of the state of California; provided, however, that the parties are not required to use the services of arbitrators participating in the American Arbitration Association or to pay the arbitrators in accordance with the fee schedules specified in those rules. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $5,000 or less may be submitted without arbitration to any court having jurisdiction thereof. OR2) be adjudicated in Monterey, California under the laws of the state of California. (3) In the event of a dispute, Client shall pay all court costs, Jason Bradley and Bradley Photographic's reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of Jason Bradley and Bradley Photographic.
[10] Federal Jurisdiction: Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by Jason Bradley and Bradley Photographic under the Copyright Act of 1976, as amended.