| 1. |
For purposes of this contract, "Photographer" refers to Herbert W. Booth, III and Booth Studio, Inc. "Photograph(s)" means all photographic material furnished by Photographer hereunder, whether transparencies,negatives, prints, digital images, or otherwise. |
| 2. |
Usage Rights: Except as otherwise specifically provided herein, all Photographs and rights therein, including copyright, remain the sole and exclusive property of the Photographer. Any additional use requires the prior written agreement of Photographer on terms to be negotiated. Unless otherwise provided herein, any grant of rights is limited to one (1) year non-exclusive usage from the date hereof for the territory of the United States of America. Client may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and inures to the benefit of Photographer, Client, Client's principals, employees, agents and affiliates, and their respective heirs, legal representatives, successors and assigns. Client and its principals, employees, agents and affiliates are jointly severally liable for the performance of all payments and other obligations hereunder. |
| 3. |
Rights granted only upon receipt of full payment. Invoices are payable upon receipt. Payments after thirty (30) days are subject to an additional charge of 1.5% per month (18% / year). |
| 4. |
Electronic Reproduction: Photograph(s) licensed for reproduction under this or pursuant agreement regarding these works may be scanned and digitized for pre-press purposes only. The Photograph(s), whether in tangible or digitized form, may not be archived by an party for a period of more than sixty (60) days after publication or termination of the licensed period. The Photograph(s) may not be placed in any electronic cataloging or electronic delivery service without the express written permission of the Photographer. |
| 5. |
Return of Photographs: Except in the case of sale of unlimited use rights, client agrees to return all Photographs prepaid and fully insured, in unaltered and undamaged condition, within thirty (30) days of publication by bonded messenger, air freight, or registered mail. Client agrees to reimburse Photographer the sum of One Thousand Five Hundred Dollars (US $1,500) for each individual Photograph lost or damaged. Photographer and Client agree that said amount represents the fair and reasonable value of such an item, and that the Photographer would not sell all rights to such an item for less than that amount. |
| 6. |
Credit Line and Copyright: Photographer's copyright notice "©Herbert W. Booth III, [Year of first publication]" must accompany each editorial use as an adjacent credit line. Invoice amount will be tripled, if said credit is not provided. |
| 7. |
Client Representative: The Client is responsible for having an authorized representative at the job site to approve the Photographer's interpretation of the commissioned. If the Client's representative is not present, the Photographer's interpretation shall be deemed acceptable. |
| 8. |
Releases and Indemnity: Client will indemnify Photographer against all claims, liability, damage and expenses, including legal fees and expenses, arising from the use of any Photograph(s) which are altered by the Client. Unless so furnished, no release exists. In any event, Photographer's liability for all claims shall not exceed the total amount paid under this invoice. |
| 9. |
All expense estimates are subject to normal trade variance of 10%. The invoice may reflect,and Client is bound by, oral authorization for additional fees and expenses which could not be confirmed in writing because of immediate proximity of shooting. |
| 10. |
Cancellations, Postponements and Overtime: Client is responsible for payment of all expenses incurred up to the time of cancellation. If notice of cancellation is given less than two (2) business days before the scheduled shoot date, Client agrees to pay 100% of Photographer's fee. Unless other wise agreed, Client agrees to pay 100% of Photographer's fees and expenses if postponement occurs on location. In the event a shoot extends beyond eight (8) consecutive hours, Photographer may charge for such excess time of assistants and freelance staff at the rate of one-and-one-half their hourly rates. |
| 11. |
Reshoots: (a) Client will be charged 100% of fees and expenses for any reshoot required by the Client. (b) For any reshoot required by an act of Nature or the fault of a third party, client agrees to pay all expenses, but the Photographer will charge no additional fee. If Photographer charges for special contingency insurance and is paid in full for the shoot, Client will not be charged for any expenses covered by insurance. A list of exclusions from such insurance will be provided upon request. |
| 12. |
Arbitration: Any dispute regarding this invoice, including its validity, interpretation, performance, or breach shall be arbitrated in Sarasota, Florida, USA, under the rules of the American Arbitration Association and the laws of the State of Florida. Judgment on the Arbitration Award shall be entered in the highest Federal or State Court having jurisdiction thereof. Any dispute involving One Thousand Five Hundred Dollars (US $1,500) or less may be submitted, without arbitration, to any court having jurisdiction. Client shall pay all arbitration and court costs, reasonable legal fees and expenses, plus legal interest on any award or judgment in favor of the Photographer. |
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