TERMS AND CONDITIONS:
1- LICENSEE ACKNOWLEDGES THAT THE PHOTOGRAPHER IS FIRST AND SOLE OWNER OF ALL “COPYRIGHT” OF ALL PHOTOGRAPH(S),
AND THAT PHOTOGRAPHER SHALL REMAIN THE SOLE OWNER OF ANY AND ALL PHOTOGRAPHS OR ANY AND ALL MATERIAL
USED OR TO BE USED IN RELATION TO PRODUCTION OR REPRODUCTION OF SAID PHOTOGRAPHS, AS WELL AS ALL COPYRIGHT
THEREIN.
2- PHOTOGRAPH(S)” REFERS TO AND INCLUDES ALL ORIGINAL WORKS OR ANY PART THEREOF CREATED BY THE PHOTOGRAPHER
USE OR INTENDED TO BE USED FOR PRINTING OR REPRODUCING COPIES OF THE ORIGINAL.
3- PHOTOGRAPHER IS ENTITLED TO USE ALL PHOTOGRAPHS FOR SELF PROMOTION PURPOSES OR TO ENTER INTO ANY CONTEST.
4- LICENSE BECOMES EFFECTIVE UPON THE PAYMENT OF THE INVOICE. IT WILL BE RETROACTIVELY CANCELLED IF THE
LICENSEE IS IN DEFAULT OF CARRYING OUT THE COMPLETE PAYMENT OF THE INVOICE.
5- LICENSEE MAY NOT ASSIGN OR TRANSFER THIS LICENSE OR ANY PART THEREOF UNLESS AUTHORIZED IN WRITING BY
PHOTOGRAPHER.. UPON DEFAULT, THE LICENSEE SHALL BE DEEMED CANCELLED BY OPERATION OF LAW.
6- ALL COPIES OF THE PHOTOGRAPH(S) OR ANY PART THEREOF MUST BEAR THE FOLLOWING WORDS:
“PHOTO: © Gabriel Jacques 2016” , UNLESS WRITTEN AUTHORIZATION TO THE CONTRARY IS GIVEN BY
PHOTOGRAPHER.
7-LICENSEE ACKNOWLEDGES HE/SHE IS SOLE RESPONSIBLE FOR PHOTOGRAPHS. IN THE EVENT EACH PHOTOGRAPHS IN
POSSESSION OF LICENSEE ARE LOST OR DAMAGED, PARTIES AGREE TO ESTABLISH THEIR VALUE AT 50% of INVOICED VALUE. IN
SUCH EVENT LICENSEE AGREES TO PAY SAID AMOUNT TO PHOTOGRAPHER TO REPLACE LOST OR DAMAGED PHOTOGRAPHS.
9- NO MODIFICATIONS, CHANGES OR ALTERATIONS MAY BE MADE ON PHOTOGRAPHS OR ANY PART THEREOF, DIRECTLY OR
INDIRECTLY, WITHOUT PHOTOGRAPHER’S PRIOR WRITTEN CONSENT.
10-THE PRESENCE OF THE LICENSEE OR IT’S REPRESENTATIVE DURING PHOTO SESSIONS SHALL BE LICENSEE’S SOLE
RESPONSIBILITY. IN THE EVENT THAT NO SUCH REPRESENTATIVE IS PRESENT, PHOTOGRAPHS SHALL BE DEEMED ACCEPTED
BY LICENSEE AS TAKEN BY PHOTOGRAPHER.
11-CANCELLATION: SHOULD THE PHOTOGRAPHER BE CONTRACTED BY LICENSEE AND LICENSEE CHOOSES TO CANCEL PHOTOGRAPHER’S WORK, LICENSEE AGREES TO PAY ALL PRODUCTION COSTS INCURRED AT THE TIME OF CANCELLATION. IN ADDITION LICENSEE AGREES TO PAY THE PHOTOGRAPHER’S FEES UNDER THE FOLLOWING CONDITIONS: 25% OF PHOTOGRAPHER’S FEES IF NOTICE IS RECEIVED 48 HRS PRIOR TO SESSION /50% FOR 24 HOURS PRIOR NOTICE / 100% FOR CANCELLATION THE SAME DAY.
12- THE PRESENT DOCUMENT CONSTITUTES A BINDING AGREEMENT BETWEEN THE PHOTOGRAPHER AND INVOICEES UPON COMPLETION OF THE ORDER; LICENSEE ACKNOWLEDGES HAVING READ AND UNDERSTOOD ALL TERMS AND CONDITIONS CONTAINED IN THE
PRESENT AGREEMENT.