Date: DATE
To: CLIENT NAME & ADDRESS
From: Dan Sumption
Allsum Ltd
54 Bendemeer Road
London SW15 1JU
Terms & Conditions of License to use photographs of
DESCRIPTION & DATE OF PHOTOS
USE REQUESTED: The use granted herein is for one time non-exclusive print publication rights of the © Dan Sumption images of "DESCRIPTION & DATE OF PHOTOS", in one use, for PUBLICATION NAME. This license is for Limited use solely and no rights herein may be transferred, or assigned in whole or in part. No other use rights are granted herein.
© YEAR Dan Sumption, All Rights Reserved.
FEES: INITIAL FEE for initial photograph
SUBSEQUENT FEE for subsequent photographs
Fee is exclusive of VAT
TERMS AND CONDITIONS
A. Definitions: "Photographer" refers to Dan Sumption. "Client" refers to the commissioning party or company named above, its representatives, successors, assignees, agents and affiliates.
B. Payment: FULL PAYMENT MUST BE MADE PRIOR TO PUBLICATION, TO BE RECEIVED BY PHOTOGRAPHER WITHIN 30 DAYS. FAILURE TO MAKE PAYMENT WITHIN 30 DAYS OF PUBLICATION SHALL BE CONSIDERED AN UNAUTHORIZED USE. Client agrees that reasonable and stipulated amount which shall be paid by Client to Photographer for use prior to payment of Photographer shall be three (3) times Photographer's customary fee for such usage.
C. Grant of Rights: Grant of reproduction rights hereunder is conditioned upon Client's acceptance of each term set forth in this agreement, including but not limited to, receipt of payment in full by Photographer and placing of the required copyright notice on each use of Photographer's work. All rights not expressly licensed to Client in writing remain the exclusive property of Photographer. Unless otherwise stated above, duration of license is six times the periodicity of the publication or ninety (90) days which ever comes first.
D. Return of Photographs, Destruction of Digital files & Return of Media: Client assumes all risk for all photographic material supplied by Photographer from time of receipt by Client to time of actual receipt of photographs by Photographer. Client agrees to destroy all digital files within one week of reproduction. If the files were sent on digital media, all such material must be returned in undamaged condition within thirty (30) days of receipt.
E. Copyright Protection/Credit Line: For Editorial use, credit line in the form "© Dan Sumption" must appear adjacent to or within the photograph(s) or fee is three (3) times that shown above; Client acknowledges that such a triple fee is fair and reasonable for Photographer's loss of recognition and lack of copyright protection resulting from lack of, or improper, copyright notice/credit line. For Non-Editorial use, Client will provide copyright protection by placing proper copyright notice on any use.
F. Indemnity: Client hereby indemnifies and holds Photographer harmless against any and all liabilities, claims, and expenses, including all attorney's fees, arising from Client's use of Photographer's work.
G. Default: In the event of non-payment or other breach of this Agreement by Client, Client shall pay all of Photographer's costs and expenses incurred in connection with enforcement of the terms of this agreement, including all Photographer's legal fees.
H. Releases: Photographer is not responsible for obtaining model, property, or other releases in connection with any of the photographs licensed herein unless specifically stated herein.
I. Copies: Client shall provide to Photographer a minimum of three (3) copies of each use of the photographs no later than the date of first publication.
J. Miscellaneous: Client may not assign or transfer this license. No alterations may be made in any of these provisions without the express written consent of the Photographer.
FULL PAYMENT DUE WITHIN 30 DAYS OF PUBLICATION. CHEQUES PAYABLE TO ALLSUM LTD.
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