Archie Miles photography

Terms and conditions for hire and reproduction of pictures.

1. In this Agreement (a) Picture includes a photograph, transparency, negative, design artwork, painting, montage drawing, engraving or any other item which may be offered for the purpose of reproduction. (b) Reproduction includes any form of  

   publication or copying of the whole or part of any picture and whether or not altered whether by printing, photography slide projection (whether or not to an audience) xerography, artists reference, artists' illustration, layout or presentation,    

   electronic or mechanical reproduction or storage by any other means.

 

2. No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.

 

3. Pictures are supplied on loan and no property or copyright in pictures shall pass to the Client whether on its submission or on the grant of reproduction rights by Archie Miles in respect thereof.

 

4. A non-refundable service fee to cover administrative costs and despatch of pictures is payable by the Client on each submission and resubmission of pictures although this will be waived if reproduction rights are required or granted The Client shall

  pay for courier, express or any other special delivery agreement requested.

 

5. (a). Reproduction Rights (if and when granted) are strictly limited to the use, period of time and territory specified on Archie Miles' letter/invoice granting permission, and unless otherwise agreed in writing, relate to a single publication in a single    

         size with text (if any) in one language only.

  (b) Reproduction Rights are not granted 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 sold hired or submitted to the Clent be loaned or transferred to third parties save for the purpose of the exercise by the Client of such      

        production rights,

  (d). Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied,

 

6. All pictures delivered to the Client shall be presumed to have been received in good condition, unless within 3 days of receipt Archie Miles receives notification of any discrepancy or damage.

 

7. If any of the pictures pursuant to this Agreement shall give rise in any country to publication right (as defined in the draft Publication Right and the Duration of Copyright and Rights in Performance Regulations 1995) or to any similar rights those

  rights shall belong exclusively to Archie Miles. The Client undertakes to do all such things and to procure that any third parties in whom such rights may otherwise vest do all such things and sign and execute all such documents as may be required to

  vest all such rights exclusively in Archie Miles.

 

8. (a). Risk in and responsibility for pictures passes to the Client from the time they are received until their safe return. The Client shall immediately inform Archie Miles in writing of any known loss or misuse of, or damage to the pictures while in the

        Client's possession or that of any third party. If a picture is not returned within 12 weeks of the date for return, Archie Miles may in his sole discretion presume it to be lost.

  (b) The Client shall be liable to pay compensation to Archie Miles in respect of each picture lost or damaged. Payment of compensation does not give rise to any rights in any picture.

  (c) Any picture subsequently found must be returned immediately. If it is undamaged the client will be credited with the compensation paid less a rental fee from the date the compensation is claimed to the date the picture is returned, such credit  

       being at least 20% of the compensation.

 

9. Any picture returned without its mount or with its caption or other mount data missing or defaced may incur a replacement charge.

 

10. The Client must return every picture to Archie Miles by its Date for Return by any Special Delivery. Adequate protection must be given to pictures in transit. A note listing and totaling the returned pictures must be enclosed.

 

11. Unless otherwise agreed each picture may be held by the Client rental free until its Date for Return (normally 30 days) and thereafter the Client shall be liable to pay a rental fee per picture per week or part thereof pending its return. Payment of

    the rental fee does not entitle the Client to retain the picture after the Date for Return.

 

12. (a). Until Archie Miles has invoiced the reproduction fee neither party is committed to grant any reproduction rights in the picture. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby Archie Miles is

          committed to grant reproduction rights and the Client to acquire them. If after such invoicing but before payment the Client requests cancellation of the reproduction rights Archie Miles may in its discretion cancel subject to the Client paying a

          reproduction fee.

   (b) The Client's right to reproduce a picture arises only when Archie Miles' invoice relating to the grant of such right is fully paid. Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement               entitling Archie Miles to rescind the Agreement, render the Client liable for the payment of damages, or otherwise suspend the Client's access to Library facilities.

    (c) The Client agrees to indemnify Archie Miles in respect of any claims or damages or any loss or costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client.

 

13. (a) Archie Miles invoice shall be paid no later than the end of the calendar month immediately succeeding publication or use.

     (b). If payment is not made in accordance with (a) above Archie Miles may rescind this agreement and recover damages and suspend the Client's access to Library facilities.

 

14. On the Client's death or bankruptcy or (if the Client is a company) in the event of a resolution, petition order for winding up being made against it, or if a receiver is appointed Archie Miles may at any time thereafter inspect any records, accounts

    and books relating to the reproduction of Archie Miles' pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.

 

15. (a). If any picture reproduced by the Client omits the credit line specified by Archie Miles, the reproduction fee payable by the Client shall be subject to an increase of 50%.

     (b). The right to a credit is asserted in accordance with sections 77 and 78 Copyright Designs and Patents Act 1988.

 

16 No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of Archie Miles.

 

17 While Archie Miles takes all reasonable care in the performance of this Agreement generally, Archie Miles shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any picture or its

    caption.

 

18 It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Archie Miles gives no warranty or undertaking that any such rights,

    releases or consents are or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any picture. In the event that the picture is used or reproduced by or with the

    authority of the Client then the Client shall indemnify Archie Miles against any loss, damage, proceedings or costs where such rights, releases or consents have not been obtained.

 

19. This agreement shall be subject to and construed according to English law and the parties agree to accept the exclusive jurisdiction of the courts of England or, for the exclusive benefit of the plaintiff in the relevant proceedings, the courts of the

     country of the principal place of business of the defendant in the proceedings.