Contract for the sale and usage of photographs from Dusty Veideman Photography

This contract defines the relationship between Dusty Veideman Photography and the respective contractual partner (the user).  Dusty Veideman Photography sells digital photo data-files, for a fee, to professional users for use in books, press, and digital media, and for inclusion in film and television projects.  Any commercial usage of pictures requires the explicit written permission of Dusty Veideman Photography, before publication.

Sales will take the following form: after conclusion of this contract the user will be entitled to the download of the photo data files required from Dusty Veideman Photography.  Dusty Veideman Photography will charge the user for the transfer of this data.  The user must pay a royalty fee for each and every usage of a photograph.  The fee will be determined by the nature of the usage in each case.

In accordance with these principles, the parties conclude the following contract:

The agency:

Dusty Veideman Photography

1886 Forest Drive, PO BOX 85

Revelstoke, British Columbia, Canada, V0E 2S0

The user:

Company:                                                                                                                                           

Official Representative: (first name and surname):                                                                                                   

Street:

Place:

Postal Code:

Country:

Username:

NATURE OF USAGE:  Electronic or Print Usage:                                                              

Size of Image used:                                                                              

Personal Use, Corporate Use, or Advertising Use:                                                                                                     

Length of display One time non exclusive, 1 month, six months, 1 year or other:                                                                                            

Size of Press run if use is print:                                                                    

If use is for web page: Location of image ie: home page, linked page or banner advertising on a secondary site. 

 Examples of use:  Please indicate which pertains to you.

FILENAMES OF IMAGES REQUIRED:                                                                                                                                                                                                           

Legal Position of the user viv a vis  the agency (Dusty Veideman Photography)

With the transfer of a photo data-file the user attains neither ownership nor any other rights to the digital picture.  The user is permitted only to use the digital picture within the terms of the royalty agreement between the user and Dusty Veideman Photography.  All rights to the digital picture remain with Dusty Veideman Photography. Any forwarding of the data-file to third parties, or copying the data-file is forbidden.  The photo data-file must be erased not later than three months after the data transfer.  All kinds of storage and archiving of the data-files is forbidden.  The transfer of data-files to the user does not guarantee exclusivity of use.

Royalty fees for copyright

Royaly fees for usages must be negotiated directly between the user and Dusty Veideman Photography.

Legal position of user and agency

Prior to the transfer of a photo data-file the user will indicate  the anticipated usage. Thereupon, the relevant fee for this usage will be discussed and noted. With the user's confirmation, and the subsequent data transfer, a royalty agreement comes into effect between the user and the agency. This agreement allows the user to use the photograph according to the indicated anticipated usage, and obliges him or her to pay the agency the displayed royalty. With the transfer of a photo data-file, the user receives no other rights to the picture which is contained in the data-file. All rights remain fully with Dusty Veideman Photography. Any unauthorised usage on the part of the user entitles the agency to exercise his or her legal right and claim for damages.

Failure to declare the actual usage

Should the user fail to declare the actual usage inside the allotted time, the indicated usage will be taken as valid. Not later than one week after the data transfer, the user will be indebted for the royalty fee for the originally indicated usage. Should the actual usage however exceed the anticipated usage, and the user not declare this to the agency, the agency will be entitled to demand the full royalty for the actual usage. The actual usage exceeds the anticipated usage when, according to the table of fees, a higher royalty is due. The agency's own right to take further action for damages against the user remains unaffected.

Cancellation and minimum royalties

Should the user decide to make no use of a photo data-file once it has been transferred, he or she may declare this to the agency within one week of the data transfer. This cancellation is free of charge. When informed of a cancellation later than one week after the data transfer, the author will be entitled to invoice the user for a cancellation-fee of not less than Canadian $50.00

Agency's invoices and payment of fees
Dusty Veideman Photography  will invoice the the user for the royalty fee by e-mail., mail or fax .  The user makes payment to Dusty Veideman Photography before the photograph is used or published. Use of the photograph before payment will entitle the user to pay 200% of the amount of the original agreement.

Proof copies
The user is obliged to send the agency a copy of the publication, not later than two months after the date of  the transfer.

General Terms of Trade
The user declares in signing this contract, that he or she has read and accepted the agency's general terms of trade.
 

Concluding this contract
This contract becomes valid when the user sends the agency, by fax or by post (not by email), a properly completed version, signed by him or herself. The agency declares acceptance by confirming receipt of the contract.

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Place/Date/Signature/Stamp