1. In this Agreement the terms:
(a) PICTURE includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage, drawing, engraving, or any other item which may be offered for the purposes of reproduction;
(b) REPRODUCTION includes any form of publication or copying of the whole or part of any picture, altered or not, whether by printing, photography, slide projection (whether or not to an audience), xerography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means;
(c) CLIENT is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).

2. (a) The entire copyright in the pictures is retained by Claude Schneider at all times throughout the world.
(b) Claude Schneider supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Claude Schneider’s grant of reproduction rights in respect thereof.
(c) Claude Schneider asserts his moral right to be identified as the author of his work, and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988, or any amendment or re-enactment thereof.
(d) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Claude Schneider any fee payable by the Client shall be subject to an increase specified by Claude Schneider, and in any event an increase of not less than 25%.

3. (a) Reproduction rights (if and when granted) are strictly limited to the use, period of time, and territory specified on Claude Schneider's invoice. An agreement must be reached with Claude Schneider before the pictures are used for a different purpose, or after the licence to use has expired.
(b) Reproduction rights are not granted exclusively to the Client except when specified on the invoice.
(c) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights.
(d) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
(e) Claude Schneider reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.

4. The following terms are used when describing the reproduction rights granted by Claude Schneider to the Client:
(a) Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client's premises; editorial use in the Client's intranet site.
(b) PR and Press distribution: The right to use the pictures as described in 5(a); plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication.
(c) Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice.
(d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.

5. (a) Until Claude Schneider has invoiced the reproduction fee neither party is committed to grant or to acquire any reproduction rights in any picture. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby Claude Schneider is committed to grant reproduction rights and the Client to acquire them. If after such invoicing, but before payment, the Client requests cancellation of the reproduction rights Claude Schneider may in his discretion cancel subject to the Client paying a cancellation fee.
(b) The Client's rights to reproduce a picture arises only when Claude Schneider's invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Claude Schneider to rescind the Agreement and rendering the Client liable for the payment of damages.
(c) The Client agrees to pay Claude Schneider's invoice within 28 days of issue (the Due Date). Invoices which are settled within 14 days of issue may be entitled, at Claude Schneider's sole discretion, to a discount of 5% off the gross amount shown on the invoice.
(d) If payment is not made in accordance with (a) above then Claude Schneider may rescind this Agreement and recover damages, or, at his option, may exercise his statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998.
(e) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 28 days from the issue date, and that Claude Schneider may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
(f) A fee of £15 will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursual of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
(g) Claude Schneider reserves the right to suspen ongoing services, such as (but not limited to) the distribution of pictures, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.

6. On the Client's death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver is appointed, Claude Schneider may at any time thereafter inspect any records, accounts and books relating to the reproduction of his pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.

7. (a) Electronic use, storage or transmission of images is forbidden without the express written permission of Claude Schneider.
(b) The Client will provide any information reasonably requested regarding anti-piracy measures.
(c) Pictures shall not be copied, loaned, or otherwise disposed of, and no use whatsoever shall be made of them by the Client without prior written consent of Claude Schneider.

8. (a) Claude Schneider will edit ever photograph and deliver what he considers to be the best of every situation covered. As a result, digital originals will only be supplied to the client in exceptional circumstances.
(b) No addition to, deletion from, alteration to, or adaptation of a picture may be made without the written permission of Claude Schneider.
(c) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition, or editing.

9. In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to Claude Schneider by the Client free of charge within two weeks. In other media, evidence of use must be made available if requested.

10. (a) While Claude Schneider takes all reasonable care in the performance of this Agreement generally, he shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any picture or its caption.
(b) The Client agreees to indemnify Claude Schneider in respect of any claims or damages, or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Claude Schneider.
(c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Claude Schneider gives no warranty or undertaking that any such rights, releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs, or works of art depicted in any picture. In the event that the picture is used or reproduced by or with the authority of the Client then the Client shall indemnify Claude Schneider against any loss, damage, proceedings or costs where such rights, releases or consents have not been obtained.

11. (a) Once the Client has made a booking for a specific time and date, Claude Schneider will not accept any other work from other clients for those times and dates.
(b) As a result, once a booking is made, if it is subsequently cancelled, a cancellation fee will be charged to the Client according to the following schedule. When a Client cancels a booking within two weeks of any confirmed date, a fee of 50% of the booked time rate will be charged. When a Client cancels photography within one week of any confirmed date, a fee of 100% of the booked time rate will be charged. In addition to this cancellation fee, the client will be charged for any expenses already incurred by Claude Schneider.

12. (a) This Agreement shall be subject to and construed according to English Law and the parties agree to accept the exclusive jurisdiction of the Courts of England.
(b) No variation of terms or conditions set out herein shall be effective unless agreed in writing by both parties.

13. (a) Payment should normally be made by crossed cheque, made payable to "Claude Schneider". Bank transfer details can be supplied upon request.
(b) Proof of postage of remittances is not considered proof of receipt, and Clients are advised to send payment by any method affording proof of delivery.

© Copyright 2007 Claude Schneider