Photoafrica Image Delivery Submission Contract

Contract and conditions of acceptance of this submission of photographs and of reproduction rights to these photographs
Client:
The client agrees to accept the photographs on the following conditions and if the contents of the submission count is not deemed accurate, objection and correction must be made by immediate return mail:

1) The enclosed photos are for your consideration for future use. I expect this will take a reasonable length of time, up to 30 days. Let me know if you need longer for consideration, otherwise a holding fee will be charged.

2) LOSS OR DAMAGE: these photographs are held at your risk against loss, theft or damage, until returned to the photographer. (A photograph shall be considered damaged when it is torn, bent, kinked, stained, scratched or in any way defaced so as to render it unfit or prejudice the likelihood of its being selected for reproduction or sale in the future.)

3) REPLACEMENT FEES: these transparencies are very valuable. Please treat the photos as though handling valuable papers, cash or similar items. Unless otherwise clearly stated they are original photographs not duplicates and by their nature are difficult if not impossible to replace. You agree to pay the photographer a replacement fee of SFr1500 in respect of each photograph lost, stolen or damaged, whilst on approval or loan to you - without regard to the actual value of the transparency. You agree to assume full liability for your employees, agents, assigns, messengers, couriers and any other people who have cause to handle these transparencies whilst in your care, for any loss, damage or misuse of the transparencies. Reasonable value of each lost or damaged DUPLICATE transparency shall be SFr 50.

4) RETURN OF PHOTOGRAPHS: Photographs must be individually protected by a plastic sleeve and packed between sheets of rigid cardboard. In your interest, returns shall be made by a method by which delivery is recorded (preferably by courier service). The photographer must be advised of the return of the photographs by prior correspondence.

5) COPYRIGHT REPRODUCTION RIGHTS, USE OF DIGITAL STORAGE and ALTERATION:

a) Copyright is in each instance retained by the photographer, except where a photograph is sold outright and the Copyright transferred in writing.
b) Reproduction rights, once granted, shall entitle the client to reproduce any of the photographs listed in one medium, for one edition and in one language and territory only as specified. All other rights are reserved to Photoafrica.com. The sale of other rights is negotiable and follows general ASMP pricing practices.
c) Digital Storage of a photograph is only permitted whilst the image is be prepared for publication or use in a presentation medium as agreed in the reproductions rights. Digital reproductions of the supplied photograph must be deleted from any digital storage media when it’s use has been fulfilled as in the agreement of sale.
d) Alteration of a photograph through use of digital imaging software must be meet with the approval of the photographer.
e) Credit Line. Adjacent credit line must accompany editorial use or fee is doubled.

6) DISPUTES AND RESOLUTION THEREOF: Any and all disputes arising from, or in connection with this agreement, including without limitation, the validity, interpretation and breach thereof shall be settled by arbitration in the Gerichstand, Canton Bern, Switzerland. All costs of arbitration shall be met by you, the client, including reasonable attorney’s fees and other disbursements relating thereto.

We acknowledge the safe receipt of the photographs listed and agree to the Conditions of Acceptance as set out above.
Signed:____________________________________ Date:__________________________________
Company Name:___________________________________________________________________
Please sign one copy and return it to the photographer immediately. Failure to do this will
render the above offer of reproduction rights null and void. If the above conditions are unacceptable to
you please return these photographs immediately, as per clause 4.
RETENTION OF THESE PHOTOGRAPHS SHALL BE REGARDED AS AGREEMENT WITH THESE TERMS AND CONDITIONS EVEN IF THIS DOCUMENT HAS NOT BEEN SIGNED OR RETURNED.