TERMS AND CONDITIONS OF COMMISSIONING AND REPRODUCTION OF PICTURES FROM GREGORY MAXX PHOTOGRAPHY
1. In this Agreement the terms
(a) Picture includes a photograph, transparency, digital image, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction.
(b) Reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means
(c) the Client is the person or organization to whom the invoice is addressed (whether or not the Client is acting for a third party).
(d) Gregory Maxx Photography is a trading name of Gregory Smith.
(a) The entire copyright in the pictures is retained by Gregory Maxx at all times throughout the world.
(b) Gregory Maxx Photography supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Gregory Maxx Images' grant of reproduction rights in respect thereof.
(c) Gregory Maxx asserts both his moral right to be identified as the author of his work and the right to a credit is asserted.
(d) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice, logo or credit line specified by Gregory Maxx Photography any fee payable by the Client shall be subject to an increase specified by Gregory Maxx Photography.
3. Reproduction rights
(a) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Gregory Maxx Photography’ package list. An agreement must be reached with Gregory Maxx Photography before the pictures are used for a different purpose or after the license to use has expired.
(b) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
(c) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights
(d) Any reproduction rights granted are by way of license and no partial or other assignment of copyright shall be implied.
(e) Gregory Maxx Photography reserves the right to refuse to supply or grant a reproduction license to a third party when requested to do so by the Client.
The following terms are used when describing the reproduction rights granted by Gregory Maxx Photography to the Client:
websites owned or managed by the client or its representatives.
5. Booking Deposits
(a) Once the Client has made a booking for a specific time and date, Gregory Maxx Photography will not accept any other work from other clients for those times and dates.
(b) As a result, once a booking is made with a deposit, if it is subsequently cancelled or missed, a cancellation fee will be charged to the client according to the following schedule. When a client cancels a booking within 48 hours of any confirmed date, a fee of 50% of the booking deposit will be charged. When a client cancels photography within 24 hours of any confirmed date, a fee of 100% of the deposit will be charged.
6. Overdue payments
(a) Gregory Maxx Photography reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of pictures, once any payment issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
7. Image alteration
(a) No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of Gregory Maxx Photography.
(a) While Gregory Maxx Photography takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption.
(b) The Client agrees to indemnify Gregory Maxx Photography in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Gregory Maxx Photography.
9. US Law
(a) This Agreement shall be subject to and constructed according to US Law and the parties agree to accept the exclusive direction of the Courts of the United States.
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
Payment should normally be made by credit card or cash to when done as a check make payable to "Gregory Smith". Proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery.