In this Agreement the following
terms apply: (a) picture - supplied as a print or in digital format either
by email or CD-Rom (b) reproduction - publication or copying of the image
in any way. (c) the Agency - refers to Slick Shoots Photography.
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Pictures supplied - no property or copyright in any
picture shall pass to the Client whether on its submission or on the
Agency's grant of reproduction rights in respect thereof.
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Reproduction Rights - when granted are strictly limited
to the use, period of time and territory specified on the Agency's
invoice and, unless otherwise agreed in writing, relate to a single
publication in a single size with text (if any) in one language only.
Rights granted to reproduce a picture on a product do not include
the right to use that picture directly or indirectly in any manner
in the advertising of that product unless such is specifically granted.
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Reproduction rights granted are personal to the Client
and may not be assigned, or licensed or transferred in any way whatsoever
in whole or in part. 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 specific reproduction rights.All rights
are non-exclusive unless specifically granted by the Agency and specified
on the invoice.
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Once a reproduction fee has been agreed and invoice
issued there is a firm and binding contract whereby the Agency is
committed to grant reproduction rights and the Client acquire them.
If after invoicing, but before payment, the Client requests cancellation
of the rights the Agency may in its discretion cancel subject to the
Client paying a cancellation fee.
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The Clients rights to reproduce a picture arises only
when the Agency's invoice relating to the grant of such right is fully
paid. Any reproduction before payment of the invoice constitutes an
infringement of rights and breach of this Agreement entitling the
Agency to rescind the Agreement and rendering the Client liable for
the payment of damages. Pictures should be deleted from your systems
after the job for which they were obtained for has concluded.
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The Client agrees to indemnify the Agency in respect
of any claims or damages or any loss or costs arising in any manner
from the reproduction without proper reproduction rights of any picture
supplied to the client by the Agency.
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No addition to, deletion from or alteration or adaptation
of a picture may occur without written permission from the Agency.
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Whilst the Agency takes all responsible care in the
performance of this Agreement generally, the Agency shall not be liable
for any loss or damage suffered by the Client or by any third party
arising from any defect in any picture or its caption or in any way
from its reproduction.
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No warranty is given by the Agency as to the existence
or validity of model or other release in respect of any picture and
the Agency shall not be liable for the absence of such a release or
for any defect in any existing release. The Agency gives no right
or warranties with regard to the use of names, trademarks, registers
or copyright designs or works of art depicted in any picture. The
client must satisfy themselves that all the necessary rights or consents
that may be required for reproduction have been obtained. The Client
shall indemnify the Agency against any loss suffered by the Agency
from any reproduction of the picture by the Client without effective
release or rights of consent.