(a) For the purpose of this agreement "the Agency" and "the Client" shall where the context so admits include their respective assignees, sub-licensees and successor in title. In cases where the Photographer's Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both "the Agency " and "the Client" shall be interpreted as references to the Photographer's Client. (b) For the purpose of this agreement "The Photographer" will mean the Author of the Photograph James Kirby. And shall where the context so admits include their respective assignees, sub-licensees and successor in title. (c) "Photographs" and "Works" means all photographic material furnished by the Photographer, whether prints, digital les or any other type of physical or electronic material in existence. (d) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable. (e) Other Terms and Conditions proffered by the Client are specially excluded unless agreed in writing beforehand by the Photographer. (f) Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order. (g) Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorized to do so. (h) When a Client's policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traf c will constitute a contract in law.
(a) The Author retains the entire copyright in the Photographs and Works at all times, throughout the World and (b) Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
OWNERSHIP OF MATERIALS
(a) Title to all Photographs remains the property of the Photographer. (b) When the License to Use has expired the Photographs must be returned to the Photographer in good condition within 30 days and any archived digital les destroyed. (c) Title to any materials used in producing the Works is not transferred to the Client upon payment of the invoice.
(a) The License to Use comes into effect from the date of payment of the relevant invoice(s). (b) No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer's express permission in writing. (c) Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. (d) Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed. Note: A written agreement must be reached with the Photographer before the Photographs may be used for other purposes. Where uses of an image are made which breach the license to use further charges will be made. (e) Any reproduction rights granted are by way of license only and no partial or other assignment of copyright shall be implied. (f) On the Client's death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any license granted shall immediately cease.
RIGHT TO A CREDIT
The License to Use requires that the Photographer's name 'Rickey Allen' will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts his statutory and moral right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
SUPPLY TO THIRD PARTIES
The license only applies to the Client and product stated on the License to Use.
(a) Save for the purposes of production for the licensed use(s), the Photographs may not be stored or archived in any form without the written permission of the Photographer. (b) Digital Data is stored by the Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer's archive.
This agreement shall be governed by the Laws of New York.
These Terms and Conditions shall not be varied except by agreement in writing.