Standard Media Contract for the transfer and sale of photographs from:
Photo Me Gorgeous ©David Batten
Please read complete and email email@example.com
Post hard copy to PhotoMe Gorgeous, Opp The White Cottage, Hawkenbury Road, Hawkenbury, Staplehurst,Kent, England TN12 0DU.
This contract defines the relationship between Photo Me Gorgeous (PMG)and the contractual partner, the picture User.
PMG provides high resolution (Hi res) photo data-files (Digital Images)for a fee, to publishers, design and advertising agencies, TV companies. Anycommercial use of pictures requires written permission from PMG beforepublication.
Conveyance of pictures will take the following form: after agreement bythe User to the terms in this contract: the User will be entitled to the imageson disc or downloaded via email. PMG will charge the User a fee for transfer ofthis data. In accordance with these principles, the parties conclude thefollowing contract.
Photo Me Gorgeous, Opp The White Cottage, Hawkenbury Road, Hawkenbury,Staplehurst, Kent, England TN12 0DU.
Tel. 01580 893040 Fax. 01580 891553 Email firstname.lastname@example.org
Publisher or Company Name
Data quality – limitation of liability:Complaints regarding deficiencies, technical or otherwise of digital image(s)must be sent to PMG within 24 hours of the transfer. Claims for damagesresulting from deficiencies in any digital image(s) will not be accepted,except in cases of severe negligence or premeditation on the part of PMG.
Legal position of the user vis-à-vis PMG:With the transfer of a digital image(s) the User attains neither ownership norany other rights to the digital image. The User is permitted only to use thedigital image (image(s) and cannot be sold, given or used to a 3rdparty in any form) within the terms of the agreement concluded between the Userand PMG. Unlimited damage costings shall apply in this instance to both theuser and 3rd party involve
Storing Digital Images:
You may not store Digital Images for longer than twelve months withoutPMG’s permission. If permission is granted the following conditions apply.
Each digital image stored by you shall be recorded and labeled with theimage reference used by PMG and held on an electronic datebase under you oryour companies sole possession and control. Unless otherwise agreed, anydigital image you store must not be greater in size than 640x480 pixels,72dpi.Any use of digital images shall be in a format designed so that it will not bepossible to alter, manipulate or adapt any digital image in any way during thenormal course of using the image.
The transfer of digital images to the user does not guarantee exclusivityof use.
Reproduction fees will be calculated according to use. Prior to thetransfer of digital image(s) the user will indicate the anticipated usage. Therelevant fee for this usage will be negotiated and agreed. The User mustconfirm this fee. Only then is the data transfer technically possible. With theUser’s confirmation, and the subsequent data transfer, a repro agreement comesinto effect between the user and PMG. This agreement allows the user to use thephotograph according to the indicated usage, and obliges him or her to pay theagreed reproduction fee prior to transfer. With the transfer of a photodata-file, the user receives no other rights to the picture, which is containedin the data-file. Any unauthorized usage of the picture by the User entitlesPMG to claim unlimited damages from the user.
Obligation to declare the actual usage: Not later than one week after the data transfer, the user must declare to PMG theactual usage of the photograph. The declaration must include the followingdetails: medium (book, publication, film, TV, online, advertising etc): date ofpublication: scale of usage, circulation and duration of display in film etc.Should the actual usage of the picture by the user diverge from the usageindicated at the time of transfer, the user will be obliged to renegotiate thereproduction fees.
Proof copies: The User is obliged to send PMG a copy of the publication, not later than two weeks after publication.
General terms of trade. The User declares insigning this contract that he or she has read and accepted these conditions.The user agrees to publish pictures by PMG with their Name and Contact details(Photo Me Gorgeous 01580 893040 ©David Batten www.photomegorgeous.com)
Concluding this contract: This agreement becomesvalid when the User sends PMG, by post (not email) a properly completed versionof the contract, signed by the researcher or the company representative. PMGdeclares acceptance by confirming receipt of the contract, and allowing theoption to transfer the digital image(s)