Contributors Agreement

Definitions:

The company: Fotographic Images 4U Ltd.

The contributor: The person responsible for supplying the images & services to the company.

  1. It is the purpose of the company to sell or lease images by what ever means are legally possible and which become available to the company. The images may be transferred to a client following a purchase by means of one of the following: CDR, DVD-R, Electronic Transfer, Digital Transfer, Transparency, Print, Automatic Download and any further methods which may become available to the company.
  2. The contributor will not identify any image on a personal basis, or at any time make contact with any of the companies clients.
  3. The contributor is not exclusively signed to the company.
  4. The contributor guarantees the company that the copyright for all images, data and information supplied to the company is owned 100% by the contributor.
  5. The contributor is responsible for having all the necessary property/model release documents in place and immediately available upon request.
  6. Should any legal dispute arise concerning a third party claim against any of the contributor’s images or information, the company will be totally exonerated from any and all legal action and expenditure.
  7. Termination of the agreement between the contributor and the company, or the company and the contributor can be invoked with 30 days notice. The images already placed with the agency will remain for a further 12 months from the date of the resignation. Any monies falling due will continue to be paid under the company’s normal arrangement.
  8. Payment for all the images sold or leased will be paid within 30 days of the company receiving payment from the client.
  9. The prices for images, discs, and prints will be set by the company, and may fluctuate from time to time, for such reason as discounts or special offers. The contributors percentage will always be determined from the gross amount the product is sold for.
  10. A statement of sale will be made at the end of each calendar month, to those contributors whos images have been sold.
  11. For payment to be made to the contributor, the contributor must invoice the company according to the details as specified on the statement.
  12. All payments to the contributor will be made by cheque directlty from the companies "Royalty account" and sent via Royal Mail.
  13. % Split (Contributors/Company)
    • Prints 40% 60% (The companies percentage includes all printing charges)
    • Image sales 65% 35% (Royalty free)
    • Image sales                  (License managed)
    • Commissions 75% 25%
    • Photographers Agency. 10% of net amount charged(by the photographer to their client).
  14. All images and related information will be supplied in accordance with the companies "Image Submission Guidelines"
  15. The company reserves the right to decline the representation of any image or sets of images.
  16. The company will not sell or lease any image(s), which are or may be categorised as being illegal, immoral, obscene, or pornographic. The decision of the company is final.
  17. If the contributor requests the company to undertake work on their behalf, the company has the right to be financially re-embursed by means of an invoice and requesting payment. Alternatively the monies owed to the company can be taken from the contributors royalties. The decision is strictly that of the company.
  18. The territory available to the company to sell contributors images, includes the world and the universe in its entirety and any part of, known as of today and tomorrow.
  19. The company will not return any CDs/DVDs at any time, unless otherwise agreed in writing.
  20. The company can also provide contributors with additional services at special rates. These prices are available upon request.
  21. The company cannot be, in any way, held responsible or liable for any image, data, or information being incorrectly displayed or transferred.
  22. The company has the right, without prior notice, to distribute and sell/lease via an additional agency on a sub contract basis.
  23. It is understood, and agreed that this web site belongs exclusively to the company "Fotographic Images 4U Ltd", Fotographic Images, and John Fairclough. Included in the ownership is the content in it’s entirety, including but not limited to the general design, text, graphics, contributors images, design, documents, trademarks and photographic images and designs, but excludes the software.
  24. The operations and functions embedded on or in the material displayed or in the design and operation of this site are not warranted to be uninterrupted or without error. "Fotographic Images 4U Ltd" assume the entire cost of all necessary servicing, repair or correction to this web site, to enable you to use the site. However if at any time it is proven that any unauthorised person/party has conducted, intentionally or otherwise, an action, malicious or otherwise, which causes additional expense to be incurred by the company, loss of trading and or loss of profits, the party who is responsible will be held financially responsible.
  25. This document and agreement shall be interpreted, constructed and governed by the laws of England and Wales.
  26. The venue for all disputes, legal or otherwise, arising under and from this agreement shall lie exclusively in the courts of England and Wales, and all parties hereby agree not to contest the personal jurisdiction of these courts.
  27. Unless otherwise agreed in writing, for a specific purpose, none of the terms of the trade can be amended or altered. If any of the terms of trade or any other contractual documents presented upon this site are found unenforceable, wherever possible this will not effect any other clauses and each will remain fully effective and enforceable.
  28. We the company, reserve the right to change any of this web site design, content, prices, or terms of trade, without prior notice.
  29. The terms and clauses of this agreement are by no means exhaustive and exclusive, and do not counter any other terms of any other documentation displayed upon this web site. All contributors will be notified as and when any changes are made to the "Contributors Agreement" and "Terms of Trade".

 

I ________________________________________ on the ____________________

hereby agree to have read and agree to the "Terms of Trade" and "Contributors Agreement" as displayed upon this web site.