The "Photographer" refers to the above given name. The "Licensee" refers to Burdseyeview A Creative Collective. THE "PHOTOGRAPHER" GRANTS THE "LICENSEE" * NON-EXCLUSIVE RIGHTS TO ALL IMAGES INCLUDED IN THE "IMAGES’S NAME AND DESCRIPTION" DOCUMENT. THESE RIGHTS INCLUDE:
1) Advertising and promoting for the "Licensee and Licensee’s website".
2) Sales online.
3) Sales locally at any sales event the "Licensee" takes part in or holds.
4) An unlimited quantity of reproductions while this contract is in effect as long as commisions are paid to the "photographer".
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. By agreeing to this contract you are stating you own the exclusive rights to all the items being put forward to the "Licensee."
Fees and Expenses
There will be no fees to the “Photographer” for putting his/her images on the “Licensee’s” website.
There will be no fees to the "Photographer" for any advertising of their product on the "Licensee's" website.
The “Licensee” is not responsible for any of the fees and/or expenses incurred while producing the “Photographer’s” work.
Payment & Responsibilities
The "Photographer" has the Choice between the following two options.
Option 1: Payment to the “photographer” is based on the size of print sold. The Breakdown of payment is calculated by the total size sqaure of the print. For example a 20" x 10" print = 200" square:
$10 minimum per print up to 200" square
$15 from 200" square to 400" square
$20 from 400" square to 500" square
$30 from 500" square to 600" square
$35 from 600" square to 700" square
$40 from 700" square to 800" square
$45 from 800" square +
With "Option 1" all the work and expenses involving payment, wholesale ordering, cost of print, cost and coordination of shipping, quality control and 100% garauntee to the customer is the responsibility of the "Licensee." The "Photographer" is only responsible for uploading their images correctly.
With "Option 1" The “Photographer” agrees to give the “Licensee” the rights to sell the productions from each image at whatever price the “Licensee” chooses as long as the correct commision is payed to the "Photographer".
Option 2: Payment to the "Photographer" is based on a percentage of the sales price. This sales price is set by the "Photographer". The "Licensee's" percentage on sale is as follows, taxes and shipping are excluded:
20% of Sales up to $100
15% of Sales for the remainder $100 - $200
10% of Sales for the remainder $200 - $500
5% of Sales for the remainder $500 +
An example of this is shown here; Sales price $150. "Licensee's" commision 20% of $100 = $20, 15% of $50 = $7.50, Total "Licensee" commission is $27.50. Total "Photographer's" commision is $122.50.
With "Option 2" the "Licensee" is responsible for the coordination of payment and forwarding orders to the "Photographer". The "Photographer" is responsible for; properly stateing shipping price and any incurred expenses, ordering from their wholesaler and any incurred expenses of print, having their order shipped in a timely fassion and garaunteeing the customer recieves their image undamaged and as ordered.
The “Photographer” will receive payment no more then 30 days after the “Licensee” confirms the “purchaser” has received and is not returning the ordered image(s). If a product is returned by the “purchaser” to the “Licensee” the “Photographer” will not receive any payment as no profits will be made.Our return policy will be 30 days from purchase.
If there is any dispute about or involving the website and/or the service, by using the website, you agree that any dispute shall be governed by the laws of the Province of British Columbia without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the provincial court in Vancouver, British Columbia.
You agree to indemnify and hold “The Licensee”, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
TERMS AND CONDITIONS:
1 - THE “LICENSEE” ACKNOWLEDGES THAT THE “PHOTOGRAPHER” IS THE FIRST AND SOLE OWNER OF ALL THE "COPYRIGHT(S)" TO HIS/HER PHOTOGRAPH(S).
2 - THE “PHOTOGRAPH(S)" REFERS TO AND INCLUDES ALL ORIGINAL WORKS OR ANY PART THEREOF CREATED BY THE “PHOTOGRAPHER”
3 - THE “LICENSEE” MAY NOT ASSIGN OR TRANSFER THIS LICENSE OR ANY PART THEREOF UNLESS AUTHORIZED IN WRITING BY PHOTOGRAPHER.
4 - THE “LICENSEE” IS NOT RESPONSIBLE NOR CAN THEY BE LEGALLY ACCOUNTABLE FOR THE “PHOTOGRAPHER’S” IMAGE(S) LEGAL DOCUMENTATION(S).
5 - THE “PHOTOGRAPHER” UNDERSTANDS THAT BY HAVING HIS/HER IMAGE(S) ON THE “LICENSEE’S” WEBSITE THAT THEIR IMAGE(S) ARE AT RISK OF BEING DOWNLOADED ILLEGALLY BY THE SITE’S VIEWERS.
6 - IF THE “LICENSEE” IS GIVEN A DUPLICATE OF THE IMAGE(S) SAVED AT 550 PIXEL (IN IT’S LONGEST DIMENSION) AT 72 DPI IT WILL BE USED ON THE SITE TO DISCOURAGE ANY ILLEGAL USE OF THE IMAGE. THE FULL SIZE IMAGE WILL BE STORED OFF THE SITE ONLY FOR PRODUCTION.
7 - THE “PHOTOGRAPHER” IS SOLELY RESPONSIBLE FOR THE CONTENT AND IMAGES SUBMITTED TO THE “LICENSEE”. YOU MAY NOT POST, DISTRIBUTE, OR REPRODUCE ANY COPYRIGHTED IMAGES.
8 - THE “LICENSEE” CAN REMOVE ANY ITEM(S) ON THIS CONTRACT FROM IT’S SALES INVENTORY AS WELL AS TERMINATE THIS CONTRACT IN FULL AT ANY TIME.
9 - THE “PHOTOGRAPHER” CAN TERMINATE THIS CONTRACT NO SOONER THEN 6 MONTHS FROM THE DATE AGREED TO AND MUST GIVE A ONE MONTH NOTICE TO DO SO AFTER THE 6 MONTHS.
10 - THIS CONTRACT IS IN AFFECT FROM THE DATE AGREED TO BELLOW.