Fine art photography prints & images
Welcome to Jacob LaBelle Photography's shop. It is my intention to show people the beauty that surrounds them, and hopefully engage people to respect, care and nurture the fragile ecosystems that support the wonderful diversity of life on this planet. Thanks for coming to see my site.
Please visit my webpage @ www.jacoblabelle.com for more photos and information, or email me at info@jacoblabelle.com.
Terms & Conditions
A. Definitions: "Photographer" refers to Jacob LaBelle. "Client" refers to the commissioning party, its representatives, successors, assigns, agents and affiliates.
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B. Payment: FULL PAYMENT MUST BE RECEIVED BY PHOTOGRAPHER WITHIN THIRTY (30) DAYS OF PUBLICATION. C. Grant of Rights: Grant of reproduction rights hereunder is conditioned upon Client's written acceptance of each term set forth in this agreement, including but not limited to, receipt of payment within thirty (30) days of publication by Photographer and placing of the required copyright notice on each use of Photographer's work. All rights not expressly licensed to Client in writing remain the exclusive property of Photographer. Unless otherwise agreed to in writing, duration of license is six times the periodicity of the publication or ninety (90) days which ever comes first.
D. Space Rates: All usage is quoted as a minimum against space. Any additional space rate will be billed as such upon publication.
E. Return of Photographs, Destruction of Digital files & Return of Media: Client assumes all risk for all photographic material supplied by Photographer from time of receipt by Client to time of actual receipt of photographs by Photographer. Client agrees to return all such material in undamaged, unaltered and unretouched condition within thirty (30) days of receipt, or if a License is granted, within three (3) months of receipt by client or by first publication date, whichever is sooner, or such other period as is stated in writing herein. Client agrees to destroy all digital files within one week of reproduction. If the files were sent on digital media, all such material must be returned in undamaged condition within thirty (30) days of receipt.
F. Film and Digital Media Holding Fees: A holding fee of five dollars & fifty cents ($5.50) per item per day shall be payable from the return date until time of receipt by Photographer unless otherwise indicated.
G. Copyright Protection/Credit Line: For Editorial use, credit line in the form: ©Sam Roberts, in type no smaller than that of related text must appear adjacent to or within the photograph(s) or fee is tripled; Client acknowledges that such a triple fee is fair and reasonable for photographer's loss of recognition and lack of copyright protection resulting from lack of, or improper, copyright notice/credit line.
H. Indemnity: Client hereby indemnifies and holds Photographer harmless against any and all liabilities, claims, and expenses, including reasonable attorney s fees, arising from Client's use of Photographer's work. Client assumes insurer's liability (a) to indemnify Photographer for all loss, damage, or misuse of any photographs: and (b) to return all photographs prepaid, fully insured, undamaged, by bonded messenger or overnight delivery service.
I. Loss or Damage: The parties acknowledge that it is difficult if not impossible to determine the exact value of each photograph subject to this agreement because of the duration of copyright protection and its present and potential value. Therefore, the parties have agreed that the reasonable value for loss or damage of each photograph is a sum no less than $1500.00 per image. Client further acknowledges that its acceptance of this liquidated damage amount is a material consideration for photographer agreeing to deliver to Client the photographs subject to this agreement. In the event that Client infringes on Photographer's copyright in and to the works delivered herewith, then Photographer shall be entitled to obtain immediate injunctive relief to prevent further infringement and that Photographer shall not be required to post a bond to obtain injunctive relief, or if a bond is not waiveable, such bond shall not exceed $100.00. Photographer shall be entitled to recover the greater of Photographer's actual damages, or statutory damages in a sum not to exceed $20,000.00, in cases of non-willful infringement. In each instance, Photographer shall be entitled to recover reasonable attorneys' fees incurred and related costs in enforcing Photographer's rights under the United States Copyright Act, and under each federal or ancillary state law under which Photographer is awarded or granted damages.
J. Alterations: Client will not make or permit any alterations, additions, or subtractions in respect of the photographs, including without limitation any digitalization or synthesizing of the photographs, alone or with any other material, by use of computer or other electronic means or any other method or means now or hereafter known.
K. Default: In the event of non-payment or other breach of this Agreement by Client, Client shall pay all of Photographer's costs and expenses incurred in connection with enforcement of the terms of this agreement, including Photographer's reasonable attorney's fees.
L. Releases: Photographer is not responsible for obtaining model, property, or other releases in connection with any of the photographs licensed herein unless specifically stated herein.
M. Copies: Client shall provide to Photographer two (2) copies of each use of the photographs no later than the date of first publication.
N. Miscellaneous: Client may not assign or transfer this license. No alterations may be made in any of these provisions without the express written consent of the Photographer.
O. Reshoots: Client will be charged 100% fee and expenses for any reshoot required by Client. For any reshoot required because of an act of God or the fault of a third party, Photographer will charge no additional fee and Client will pay all expenses. If Photographer charges for special contingency insurance and is paid in full for the shoot, Client will not be charged for any expense covered by insurance. A list of exclusions from such insurance will be provided on request.
P. Cancellations: Cancellations and postponements: Client is responsible for payment of all expenses incurred up to the time of cancellation, plus 50% of Photographer's fee. If notice of cancellation is given less than two (2) business days before the shoot date, Client will be charged 100% fee. Weather postponements: Unless otherwise agreed, Client will be charged 100% fee if postponement is due to weather conditions on location and 50% fee if postponement occurs before departure to location.
Q. Governing Law: This agreement incorporates by reference Articles II and III of the Uniform Commercial Code now in existence, in the State of California, and the Copyright Act of 1976 as amended. This agreement shall be deemed to be a contract made under the laws of the United States of America and the State of California and for all purposes shall be interpreted in its entirety in accordance with these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of the State of California or the United States District Court for the District of the State of California. Client specifically waives all rights to contest each court proceeding on the grounds of personal jurisdiction, venue and forum non-convenience. In the event of any award or judgment in favor of Photographer, or any settlement between Photographer and Client, arising from effecting and protecting Photographer's rights and benefits hereunder and/or any aspect of this agreement, Client shall pay all costs and expenses incurred by Photographer and/or Photographer's legal counsel related thereto, including, but not limited to, reasonable legal fees, arbitration and court costs, associated expenses, and legal interest on such award, judgment, or settlement.
FULL PAYMENT DUE WITHIN THIRTY (30) DAYS OF PUBLICATION.
Make check payable to:
Sam Roberts Photography
663 Santa Barbara Avenue
Millbrae, CA 94030
********************************
Terms and Conditions
Note - For the purpose of this document John Ashley Photography shall be referred to as JAP. The visitor to the site or the individual (whether representing an organisation or not) who orders an image shall be referred to as the Client.
01 IN THIS AGREEMENT the term picture or image includes photography, transparency, negative, design, artwork, painting, engraving, 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 in writing 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 the absence 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 John Ashley Photography (JAP) or reproduction rights for any picture.
04 THE INVOICE lists all the pictures delivered to the Client using the image number as a unique reference. The picture are presumed to have been received in good condition unless the Client notifies JAP in writing of any discrepancy or error within 14 days of receipt.
05 PERMISSION TO REPRODUCE a picture is granted to the Client by JAP only when a fee for the reproduction has been agreed with JAP and an invoice has been issued by JAP and paid in full by the Client to JAP.
06 IF JAP'S INVOICE is not paid in full within 30 days of issue, JAP may charge interest on the overdue payment at 2.5% per month or part of a month.
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 JAP an unauthorised use fee of £100 or double the standard reproduction fee for the use concerned, whichever is the greater.
08 THE RIGHT TO reproduce a picture granted by JAP is personal to the Client and may not be assigned to any third party without JAP'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 JAP's written permission.
10 WHILE JAP 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, JAP makes no claim or warranty as to the existence or validity of connected therewith model or other releases in respect of the pictures or 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 JAP 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 JAP in accordance with condition 05 above.
13 THE CLIENT WILL fully indemnify JAP 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 copy thereof to come into the possession of a third party without JAP's prior written consent).
********* CANADIAN!!!
Ernest Brown Photography Terms & Conditions
Terms and Conditions of Sale
The following terms and conditions govern the sale of products by this vendor. By submitting your on-line order, you have indicated your acceptance to be bound by these terms and conditions of sale. These terms and conditions may be changed without prior notice at any time before your order is accepted.
Payment Terms
Once an order is placed by credit card, the credit card account will be verified at the time the order is placed. Should a credit card be declined, the order will not be processed. Orders are processed ONLY upon receipt of payment.
Payment Shipping and Handling Charges and Taxes
The purchaser is responsible for any taxes or tariffs associated with your purchase.
Prices
Prices shown on the site do not include shipping and handling. All prices are denoted in Canadian dollars. The price charged for an order will be the price in effect at the time the order is made.
Shipping & Delivery
When products are shipped to the purchaser by common carrier, the event holder's liability to the purchaser for breakage and/or non-delivery of the products by the common carrier will be limited by the limits of liability provided by the common carrier's terms and conditions of carriage.
Warranty
Due to the nature of this purchase, no warranty is implied.
Refunds
No refunds or returns are accepted, unless otherwise determined at the vendor's discretion.
Interpretation
These terms and conditions shall be interpreted under and governed by the federal laws of Canada, without giving effect to conflicts of law rules. Headings used in these Terms and Conditions are for convenience of reference only and are not intended to be part of, or to affect the meaning or interpretation of, these Terms and Conditions.
Arbitration
All dispute, controversy, or claim against this event holder arising out of or relating to these Terms and Conditions, their interpretation, or the breach, termination or validity thereof, or any related purchase shall be resolved exclusively and finally by arbitration administered by the Better Business Bureau (BBB).
The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between you and the vendor. The arbitration shall be held in any mutually agreed upon location in person, by telephone, or online. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.
The arbitrator shall not award either party special, exemplary, consequential, punitive, incidental or indirect damages, or attorney's fees and each party irrevocably waives any such right to recover such damages. The parties will share the costs of the arbitration, (including the arbitrator's fees, if any) in the proportion that the final award bears to the amount of the initial claim.
No Modification
Any additional or altered terms attached or adhering to an order shall be null and void and without effect, unless agreed to in writing by the vendor.
Severability
If any provision of these terms and conditions is held to be illegal, invalid or un-enforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
General
If there is any inconsistency between this agreement and other agreement included with or relating to products purchased from this vendor, this agreement shall take precedence.
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B. Payment: FULL PAYMENT MUST BE RECEIVED BY PHOTOGRAPHER WITHIN THIRTY (30) DAYS OF PUBLICATION. C. Grant of Rights: Grant of reproduction rights hereunder is conditioned upon Client's written acceptance of each term set forth in this agreement, including but not limited to, receipt of payment within thirty (30) days of publication by Photographer and placing of the required copyright notice on each use of Photographer's work. All rights not expressly licensed to Client in writing remain the exclusive property of Photographer. Unless otherwise agreed to in writing, duration of license is six times the periodicity of the publication or ninety (90) days which ever comes first.
D. Space Rates: All usage is quoted as a minimum against space. Any additional space rate will be billed as such upon publication.
E. Return of Photographs, Destruction of Digital files & Return of Media: Client assumes all risk for all photographic material supplied by Photographer from time of receipt by Client to time of actual receipt of photographs by Photographer. Client agrees to return all such material in undamaged, unaltered and unretouched condition within thirty (30) days of receipt, or if a License is granted, within three (3) months of receipt by client or by first publication date, whichever is sooner, or such other period as is stated in writing herein. Client agrees to destroy all digital files within one week of reproduction. If the files were sent on digital media, all such material must be returned in undamaged condition within thirty (30) days of receipt.
F. Film and Digital Media Holding Fees: A holding fee of five dollars & fifty cents ($5.50) per item per day shall be payable from the return date until time of receipt by Photographer unless otherwise indicated.
G. Copyright Protection/Credit Line: For Editorial use, credit line in the form: ©Sam Roberts, in type no smaller than that of related text must appear adjacent to or within the photograph(s) or fee is tripled; Client acknowledges that such a triple fee is fair and reasonable for photographer's loss of recognition and lack of copyright protection resulting from lack of, or improper, copyright notice/credit line.
H. Indemnity: Client hereby indemnifies and holds Photographer harmless against any and all liabilities, claims, and expenses, including reasonable attorney s fees, arising from Client's use of Photographer's work. Client assumes insurer's liability (a) to indemnify Photographer for all loss, damage, or misuse of any photographs: and (b) to return all photographs prepaid, fully insured, undamaged, by bonded messenger or overnight delivery service.
I. Loss or Damage: The parties acknowledge that it is difficult if not impossible to determine the exact value of each photograph subject to this agreement because of the duration of copyright protection and its present and potential value. Therefore, the parties have agreed that the reasonable value for loss or damage of each photograph is a sum no less than $1500.00 per image. Client further acknowledges that its acceptance of this liquidated damage amount is a material consideration for photographer agreeing to deliver to Client the photographs subject to this agreement. In the event that Client infringes on Photographer's copyright in and to the works delivered herewith, then Photographer shall be entitled to obtain immediate injunctive relief to prevent further infringement and that Photographer shall not be required to post a bond to obtain injunctive relief, or if a bond is not waiveable, such bond shall not exceed $100.00. Photographer shall be entitled to recover the greater of Photographer's actual damages, or statutory damages in a sum not to exceed $20,000.00, in cases of non-willful infringement. In each instance, Photographer shall be entitled to recover reasonable attorneys' fees incurred and related costs in enforcing Photographer's rights under the United States Copyright Act, and under each federal or ancillary state law under which Photographer is awarded or granted damages.
J. Alterations: Client will not make or permit any alterations, additions, or subtractions in respect of the photographs, including without limitation any digitalization or synthesizing of the photographs, alone or with any other material, by use of computer or other electronic means or any other method or means now or hereafter known.
K. Default: In the event of non-payment or other breach of this Agreement by Client, Client shall pay all of Photographer's costs and expenses incurred in connection with enforcement of the terms of this agreement, including Photographer's reasonable attorney's fees.
L. Releases: Photographer is not responsible for obtaining model, property, or other releases in connection with any of the photographs licensed herein unless specifically stated herein.
M. Copies: Client shall provide to Photographer two (2) copies of each use of the photographs no later than the date of first publication.
N. Miscellaneous: Client may not assign or transfer this license. No alterations may be made in any of these provisions without the express written consent of the Photographer.
O. Reshoots: Client will be charged 100% fee and expenses for any reshoot required by Client. For any reshoot required because of an act of God or the fault of a third party, Photographer will charge no additional fee and Client will pay all expenses. If Photographer charges for special contingency insurance and is paid in full for the shoot, Client will not be charged for any expense covered by insurance. A list of exclusions from such insurance will be provided on request.
P. Cancellations: Cancellations and postponements: Client is responsible for payment of all expenses incurred up to the time of cancellation, plus 50% of Photographer's fee. If notice of cancellation is given less than two (2) business days before the shoot date, Client will be charged 100% fee. Weather postponements: Unless otherwise agreed, Client will be charged 100% fee if postponement is due to weather conditions on location and 50% fee if postponement occurs before departure to location.
Q. Governing Law: This agreement incorporates by reference Articles II and III of the Uniform Commercial Code now in existence, in the State of California, and the Copyright Act of 1976 as amended. This agreement shall be deemed to be a contract made under the laws of the United States of America and the State of California and for all purposes shall be interpreted in its entirety in accordance with these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of the State of California or the United States District Court for the District of the State of California. Client specifically waives all rights to contest each court proceeding on the grounds of personal jurisdiction, venue and forum non-convenience. In the event of any award or judgment in favor of Photographer, or any settlement between Photographer and Client, arising from effecting and protecting Photographer's rights and benefits hereunder and/or any aspect of this agreement, Client shall pay all costs and expenses incurred by Photographer and/or Photographer's legal counsel related thereto, including, but not limited to, reasonable legal fees, arbitration and court costs, associated expenses, and legal interest on such award, judgment, or settlement.
FULL PAYMENT DUE WITHIN THIRTY (30) DAYS OF PUBLICATION.
Make check payable to:
Sam Roberts Photography
663 Santa Barbara Avenue
Millbrae, CA 94030
********************************
Terms and Conditions
Note - For the purpose of this document John Ashley Photography shall be referred to as JAP. The visitor to the site or the individual (whether representing an organisation or not) who orders an image shall be referred to as the Client.
01 IN THIS AGREEMENT the term picture or image includes photography, transparency, negative, design, artwork, painting, engraving, 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 in writing 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 the absence 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 John Ashley Photography (JAP) or reproduction rights for any picture.
04 THE INVOICE lists all the pictures delivered to the Client using the image number as a unique reference. The picture are presumed to have been received in good condition unless the Client notifies JAP in writing of any discrepancy or error within 14 days of receipt.
05 PERMISSION TO REPRODUCE a picture is granted to the Client by JAP only when a fee for the reproduction has been agreed with JAP and an invoice has been issued by JAP and paid in full by the Client to JAP.
06 IF JAP'S INVOICE is not paid in full within 30 days of issue, JAP may charge interest on the overdue payment at 2.5% per month or part of a month.
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 JAP an unauthorised use fee of £100 or double the standard reproduction fee for the use concerned, whichever is the greater.
08 THE RIGHT TO reproduce a picture granted by JAP is personal to the Client and may not be assigned to any third party without JAP'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 JAP's written permission.
10 WHILE JAP 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, JAP makes no claim or warranty as to the existence or validity of connected therewith model or other releases in respect of the pictures or 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 JAP 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 JAP in accordance with condition 05 above.
13 THE CLIENT WILL fully indemnify JAP 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 copy thereof to come into the possession of a third party without JAP's prior written consent).
********* CANADIAN!!!
Ernest Brown Photography Terms & Conditions
Terms and Conditions of Sale
The following terms and conditions govern the sale of products by this vendor. By submitting your on-line order, you have indicated your acceptance to be bound by these terms and conditions of sale. These terms and conditions may be changed without prior notice at any time before your order is accepted.
Payment Terms
Once an order is placed by credit card, the credit card account will be verified at the time the order is placed. Should a credit card be declined, the order will not be processed. Orders are processed ONLY upon receipt of payment.
Payment Shipping and Handling Charges and Taxes
The purchaser is responsible for any taxes or tariffs associated with your purchase.
Prices
Prices shown on the site do not include shipping and handling. All prices are denoted in Canadian dollars. The price charged for an order will be the price in effect at the time the order is made.
Shipping & Delivery
When products are shipped to the purchaser by common carrier, the event holder's liability to the purchaser for breakage and/or non-delivery of the products by the common carrier will be limited by the limits of liability provided by the common carrier's terms and conditions of carriage.
Warranty
Due to the nature of this purchase, no warranty is implied.
Refunds
No refunds or returns are accepted, unless otherwise determined at the vendor's discretion.
Interpretation
These terms and conditions shall be interpreted under and governed by the federal laws of Canada, without giving effect to conflicts of law rules. Headings used in these Terms and Conditions are for convenience of reference only and are not intended to be part of, or to affect the meaning or interpretation of, these Terms and Conditions.
Arbitration
All dispute, controversy, or claim against this event holder arising out of or relating to these Terms and Conditions, their interpretation, or the breach, termination or validity thereof, or any related purchase shall be resolved exclusively and finally by arbitration administered by the Better Business Bureau (BBB).
The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between you and the vendor. The arbitration shall be held in any mutually agreed upon location in person, by telephone, or online. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.
The arbitrator shall not award either party special, exemplary, consequential, punitive, incidental or indirect damages, or attorney's fees and each party irrevocably waives any such right to recover such damages. The parties will share the costs of the arbitration, (including the arbitrator's fees, if any) in the proportion that the final award bears to the amount of the initial claim.
No Modification
Any additional or altered terms attached or adhering to an order shall be null and void and without effect, unless agreed to in writing by the vendor.
Severability
If any provision of these terms and conditions is held to be illegal, invalid or un-enforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
General
If there is any inconsistency between this agreement and other agreement included with or relating to products purchased from this vendor, this agreement shall take precedence.
