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A.
Definitions: "Photographer" refers to Chris Cameron, "Client" refers
to the commissioning party or company named in the licence, its representatives,
successors, assigns, agents and affiliates.
B
(a). Payment: FULL PAYMENT MUST BE RECEIVED BY PHOTOGRAPHER PRIOR TO
PUBLICATION. ANY USE PRIOR TO PAYMENT 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 receipt of payment
by Photographer shall be three (3) times Photographer's customary fee
for such usage.
B
(b). Late Payment: Invoices not settled within the 21 day payment period
will be billed a penalty fee of 10% of the invoice total for every week
overdue calculated daily.
C.
Grant of Rights: Grant of reproduction rights hereunder is conditioned
upon Client's written 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.
Space Rates: All usage is quoted as a minimum against space. Any additional
space rate will be billed as such upon publication.
E.
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 return all such material in undamaged,
unaltered and unretouched condition within thirty (30) days of receipt,
or if a License is granted, within three (3) months of receipt by client
or by first publication date, whichever is sooner, or such other period
as is stated in writing herein. 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.
F.
Copyright Protection/Credit Line: For Editorial use, credit line in
the form Copyright "© Chris Cameron in type no smaller than that of
related text must appear adjacent to or within the photograph(s) or
fee is tripled; Client acknowledges that such a triplefee 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. Proper notice may be
either "© Client Name, Year-date of first publication", or "© Chris
Cameron" adjacent to or within the photograph(s).
G.
Indemnity: Client hereby indemnifies and holds Photographer harmless
against any and all liabilities, claims, and expenses, including reasonable
attorney s fees, arising from Client's use of Photographer's work. Client
assumes insurer's liability (a) to indemnify Photographer for all loss,
damage, or misuse of any photographs: and (b) to return all photographs
prepaid, fully insured, undamaged, by bonded messenger or overnight
delivery service.
H.
Loss or Damage: The parties acknowledge that it is difficult if not
impossible to determine the exact value of each photograph subject to
this agreement because of the duration of copyright protection and its
present and potential value. Therefore, the parties have agreed that
the reasonable value for loss or damage of each photograph is a sum
no less than the amount indicated on the first page of this agreement.
Client further acknowledges that its acceptance of this liquidated damage
amount is a material consideration for photographer agreeing to deliver
to Client the photographs subject to this agreement. In the event that
Client infringes on Photographer's copyright in and to the works delivered
herewith, then Photographer shall be entitled to obtain immediate injunctive
relief to prevent further infringement and that Photographer shall not
be required to post a bond to obtain injunctive relief, or if a bond
is not waiveable, such bond shall not exceed $100.00. Photographer shall
be entitled to recover the greater of Photographer's actual damages,
or statutory damages in a sum not to exceed $20,000.00, in cases of
non-willful infringement. In each instance, Photographer shall be entitled
to recover reasonable attorneys' fees incurred and related costs in
enforcing Photographer's rights under the New Zealand Copyright Act.
I.
Alterations: Client will not make or permit any alterations, additions,
or subtractions in respect of the photographs, including without limitation
any digitalization or synthesizing of the photographs, alone or with
any other material, by use of computer or other electronic means or
any other method or means now or hereafter known.
J.
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 Photographer's reasonable attorney's fees.
K.
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.
L.
Copies: Client shall provide to Photographer five (5) copies of each
use of the photographs no later than the date of first publication.
M.
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.
N.
Governing Law: This agreement shall be deemed to be a contract made
under the laws of New Zealand and for all purposes shall be interpreted
in its entirety in accordance with these laws. Client specifically and
irrevocably confers personal jurisdiction over it by the courts of New
Zealand. Client specifically waives all rights to contest each court
proceeding on the grounds of personal jurisdiction, venue and forum
non-convenience. In the event of any award or judgement in favor of
Photographer, or any settlement between Photographer and Client, arising
from effecting and protecting Photographer's rights and benefits hereunder
and/or any aspect of this agreement, Client shall pay all costs and
expenses incurred by Photographer and/or Photographer's legal counsel
related thereto, including, but not limited to, reasonable legal fees,
arbitration and court costs, associated expenses, and legal interest
on such award, judgement, or settlement.
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