Terms and Conditions
(short version)
1. These photographs are all © Helen Sloan (www.munkeybiter.com)
2. Photographs to be used only for purposes discussed
beforehand with the photographer
3. You will have paid a one off publication fee for publication once.
4. Images cannot be scanned or reproduced without prior
consent from the photographer
5. Extra copies / prints should be obtained directly from the photographer
6. Images should be credited where possible
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Terms and Conditions
(long Version)
Note - For the purpose of this document Munkeybiter Photography / Helen Sloan
shall be referred to as MBP. The visitor to the site or the individual
(whether representing an organisation or not) who orders an
image / publicity / shoot or design etc shall be referred to as the Client.
WHEN USED PHOTOGRAPHS/DESIGNS MUST BE CREDITED
(WWW.MUNKEYBITER.COM)
01 IN THIS AGREEMENT the term picture or image includes photography,
transparency, negative, design, artwork, digital image file or any
other item which may be offered for the purpose of reproduction; the term
reproduction includes any form of publication or copying of the
whole or part of any picture whether altered or not and whether by printing,
photography, slide projection (whether to an audience or not), xerography,
electronic or mechanical reproduction or storage. Or for any use as artist's
reference or illustration, or in a layout or presentation.
02 NO VARIATION OF the terms and conditions set out here will be effective
unless agreed inwriting by both parties.
In the event of any conflict between these terms and conditions (including those
relating to the time of payment) and those issued or submitted by the Client and
in theabsence of any contrary agreement in writing
these Terms and Conditions shall prevail.
03 PICTURES ARE SUPPLIED on loan and no property or copyright
in any picture passes to the Client either on submission
of the pictures or on the grant by Munkeybiter Photography (MBP)
vvor reproduction rights for any picture.
04 THE INVOICE lists all the items delivered to the Client. The items are
presumed to have been received in good condition unless the Client
notifies MBP in writing of any discrepancy or error within 14 days of receipt.
05 PERMISSION TO REPRODUCE a picture is granted to the Client by
MBP only when a fee for the reproduction has been agreed
with MBP and an invoice has been issued by MBP and
paid in full by the Client to MBP.
06 INVOICE must be paid in full within 30 days of issue
07 PERMISSION TO REPRODUCE a picture applies only to the reproduction
described in the invoice or licence. In the event of unauthorised
reproduction, the Client shall pay by way of liquidated damages to MBP
an unauthorised use fee of £100 or standard reproduction fee
08 THE RIGHT TO reproduce a picture granted by MBP is personal to the
Client and may not be assigned to any third party without MBP's prior
written consent.
09 THE CLIENT MAY not alter or add to or manipulate a picture by
means of computer or any other technique or reproduce a
picture in whole or in part as an element within, or as a montage
with, another picture without MBP's written permission.
10 WHILE MBP HAS taken reasonable care to correctly identify, caption
and orientate the pictures, it does not accept any liability for loss or
damage incurred by the Client or any third party caused by any errors
11 UNLESS SPECIFIED IN writing, MBP makes no claim or warranty as
to the existence or validity of connected therewith model or other releases
in respect of the picturesor as regards the reproduction
by the Client of any names or trade marks depicted in the pictures. It is the
Client who must satisfy himself that all necessary rights, releases or
consents required for reproduction have been obtained.
12 MBP DOES NOT permit "self-billing" by the Client and a licence
to reproduce is granted only when the full fee has been agreed with,
invoiced by, and paid to MBP in accordance with condition 05 above.
13 THE CLIENT WILL fully indemnify MBP against any unauthorised
reproduction of a picture submitted to the Client made by any third
party as a result of or arising out of any breach by the Client of any of
these terms and conditions (including but not by way of limitation the Client
allowing a picture or a copythereof to come into the possession
of a third party without MBP's prior written consent).