Client has 24 hours from receipt of invoice to cancel or request a change to the invoice. Should a client wish to cancel the agreement after 24 hours then client must pay 50% of the agreed fee plus a $250 administration fee.
After 14 days from receipt of invoice 100% of the invoiced amount is fully payable and due, irrespective of whether or not the image/images are published.
If you need a hi-rez image on a temporary basis, please inform your sales rep at that time of purchase to make alternative arrangements.
Credit to read: "© Artist’s Name/ INSTITUTE" adjacent to the Photographic Media or on an obvious credits page or screen. Failure to credit INSTITUTE in all uses of the work (print/web) will result in an additional ($500) charge, per incident, for an amount not to exceed the original fee.
Delay in Payment
Any delay beyond 60 days from the date of the invoice will result in an additional 5% penalty fee based on the total amount of the original invoice. Further delay beyond 90 days will incur an additional 5% penalty fee based upon the amount of the current invoice (including wire fees). Company is entitled to recover 100% of the outstanding invoice, plus any additional costs incurred in the collection of said debts (collection agency fees, legal costs and general administrative and accounting expenses).
Notwithstanding anything previously written or written hereafter, in the event of publication and non-payment, beyond 90 days from the receipt of the invoice, the Company reserves the right to sue Client for Statutory Damages, as described in chapter 5, paragraph 504 of the US Copyright Laws of the United States of America.
TERMS AND CONDITIONS FOR THE USE OF PICTURES
NO RIGHTS: Rates and rights must be negotiated before use, other than those uses described in an invoice. All photographs and rights not expressly granted in writing remain the exclusive property of the photographer and are limited to one-time use. Institute for Artist Management requests that a credit reading "© Artist’s Name/ INSTITUTE" appear adjacent to the media or on an obvious credits page or screen. Missing and/or incomplete credits are susceptible to additional charges. Notwithstanding the License, you may not: Sublicense, relicense, rent or lease any of the media; Copy or publish any of the media to a network or bulletin board, or otherwise distribute or allow any of the Photographic Media to be distributed to or used by anyone other than the authorised users, without prior written consent from The Story INSTITUTE; Use any media for any form of pornography, or in a libelous, defamatory, fraudulent, infringing, or otherwise illegal manner; Use any media to promote a business that sells or licenses photographic media, or otherwise competes with The Story INSTITUTE in any manner; Use media in a manner that implies endorsement of a product or service unless you request and receive a copy of a model release for all recognizable individuals and private property depicted in the media; or Ship, transfer or export any of the media into any country or use any of the Photographic Media in any manner prohibited by any export laws, restrictions or regulations.
NO RELEASES: No model releases or other releases exist on any Photographic Media unless The Story INSTITUTE specifies the existence of such release in writing to you. You shall indemnify Institute for Artist Management and the relevant artist against all claims arising out of the use of any Photographic Media where the existence of such release has not been specified in writing by The Story INSTITUTE. In any event, the limit of liability of The Story INSTITUTE shall be the sum paid to it per the invoice for the use of the particular Image involved. You will hold The Story INSTITUTE and the artist harmless from all claims for the use of the Photographic Media, including defamatory use. The Story INSTITUTE gives no right or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art depicted in any Image, and IT IS YOUR OBLIGATION TO BE SURE THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSIONS, AS MAY BE REQUIRED FOR REPRODUCTION, ARE SECURED. If any Image featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that the person is a model and the Image is being used for illustrative purposes only.
Story INSTITUTE CREDIT: In editorial uses, credit must be given to both the Artist and representing company, either adjacent to the photograph or in the credits section which is referenced in the table of contents. A surcharge of 50% will be made for omission of such editorial credit. In commercial and advertising usage credit is requested. Copyright: No ownership or copyright shall pass to you by the issue of this Invoice with respect to the Image(s). Copyright to the Photographic Media shall remain with contributing artist. You agree to that the media provided to you are protected by copyright and you shall protect such copyright at all times.
Failure to credit INSTITUTE in all uses of the work (print/web) will result in an additional ($500) charge, per incident, for an amount not to exceed the original fee.
CAPTIONS: Captions on the photographs should be independently verified.
GOVERNING LAW AND VENUE :
This Agreement shall be interpreted, construed and governed by the laws of America, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in state or federal courts of located in Los Angeles City and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, The Story INSTITUTE shall have the right to commence and prosecute any legal or equitable action or proceeding before any
These conditions set out the entire agreement between The Story INSTITUTE and you relating to your use of the photographic media.
VALIDITY: If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms.