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We purchased an 8' tipi for our client's pow-wow themed 6th birthday party in Beverly Hills and we are so glad we did. The height of this tipi, with it's adorable white pom-poms amidst a faux-campfire and lots of cozy pillows, provided real "wow" factor.
“Fashion is not a uniform” Stylist Elizabeth Buitrago creates a profile that adapts to each client’s preferences, style and personality.
“Although fashion shows the trends of the season, that does not mean all the clientele will adopt it blindly,” said Elizabeth Buitrago, founder of Moda Hair Design and Spa.
Moda Hair Design and Spa will offer clients greater access to Elizabeth Buitrago’s hair designs in a convenient location where they can also enjoy a full range of spa services including manicure, pedicure, massage, facials, waxing, etc. Clients will also have access to exclusive consumer products including Kerastase for hair care, Wella for color and Dermalogica for skin care.
Moda Hair Design and Spa is located at 8280 W. State Road 84, Ft, Lauderdale, Florida 33324. Phone # 954-306-6675.
AFI Los Angeles screening and reception of
PEACE AFTER MARRIAGE
"Creative Promise Award" @ Tribeca Film Festival 2011
April 3, 2011
Nicolai Froehlich
Unterweg 81 Postfach 626
Bülach 8180
Switzerland
646-408-8137
nicolai@happynick.com
Faruk Özerten
Hostage International
“Peace After Marriage”
41 Schermerhorn Street, Suite 197
Brooklyn NY 11201
323-963-3243
Photographer Nicolai Froehlich owns the copyright to the still photography created on March 31st 2011 at the screening of “Peace After Marriage” at the American Film Institute in Los Angeles, and grants the Client “Peace After Marriage” film production / Hostage International an exclusive usage license for marketing, production, and promotional purposes across all media types, worldwide, for an unlimited time.
Terms & Conditions
[1] Definition: "Image(s)" means all visual representations furnished to Client by Photographer, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media. Unless otherwise specified on the front of this document, Photographer may deliver, and Client agrees to accept, Images encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the subject matter of each Image and the reproduction technology and uses for which the Image is licensed. It is Client's responsibility to verify that the digital data (including color profile, if provided) are suitable for image
reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer's sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages. Unless otherwise specifically provided elsewhere in this document, Photographer has no obligation to retain or archive any of the Images after they have been delivered to Client. Client is responsible for sending an authorized representative to the assignment or for having an authorized representative review the images remotely during the assignment. If no review is made during the assignment, Client is obligated to accept Photographer's judgment as to the acceptability of the Images.
[2] Rights: All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of Photographer. Unless otherwise specifically provided elsewhere in this document, any grant of rights is limited to a term of one (1) year from the date hereof and to usage in print (conventional non-electronic and non-digital) media in North America.
Unless otherwise specifically provided elsewhere in this document, no image licensed for use on a cover of a publication may be used for promotional or advertising purposes without the express permission of Photographer and the payment of additional fees.
No rights are transferred to Client unless and until Photographer has received payment in full. The parties agree that any usage of any Image without the prior permission of Photographer will be invoiced at three times Photographer's customary fee for such usage. Client agrees to provide Photographer with three copies of each published use of each Image not later than 60 days after the date of first publication of each use. If any Image is being published only in an electronic medium, Client agrees to Provide Photographer with an electronic tearsheet, such as a PDF facsimile or URL of the published use of each such photograph, within fifteen (15) days after the date of first publication of each use. Unless otherwise specifically provided elsewhere in this document, all usage rights are limited to print media, and no digital usages of any kind are permitted. This prohibition includes any rights or privileges that may be claimed under §201(c) of the Copyright Act of 1976 or any similar provision of any applicable law.
Digital files may contain copyright and other information embedded in the header of the image file or elsewhere; removing and/or altering such information is strictly prohibited and constitutes violation of the Copyright Act.
All fees and expenses payable under this agreement are required irrespective of whether Client makes actual use of the Images or the licenses to use them. Unless specifically provided elsewhere in this document, no reprographic, reprint, republication or other secondary reproduction usages may be made, and usage rights are granted only for one-time, English language North American editorial print editions of the publication listed on the front of this document and six month searchable archive use on the website of that publication.
[3] Return and Removal of Images: Client assumes insurer's liability (a) to indemnify Photographer for loss, damage, or misuse of any Images, and (b) to return all Images prepaid and fully insured, safe and undamaged. Unless the right to archive Images has been specifically granted by Photographer on the front of this document, Client agrees to remove and return or destroy all digital copies of all Images. All Images shall be returned, and all digital files created by or on behalf of Client containing any Images shall be delivered to Photographer, deleted or destroyed, within thirty (30) days after the later of: (1) the final licensed use as provided in this document, and (2) if not used, within thirty (30) days after the date of the expiration of the license. Failure to return Images on time will result in loss to Photographer due to his resulting inability to license such Images. Client therefore agrees to pay a holding fee of five dollars and fifty cents ($5.50) per day for each image from the return date until the day on which the Images are actually received by Photographer. Client assumes full liability for its principals, employees, agents, affiliates, successors, and assigns (including without limitation independent contractors, messengers, and freelance researchers) for any loss, damage, delay in returning or deleting, failure to return, or misuse of the Images.
[4] Loss or Damage:
Reimbursement for loss or damage of each digital file shall be in the amount of Two Hundred Dollars ($200). Photographer and Client agree that said amount represents the fair and reasonable cost of the time and materials required to replace each item. Client understands that its acceptance of the stipulated value of the Images is a material consideration in Photographer's acceptance of the terms and prices in this agreement.
[5] Photo Credit: All published usages of Images will be accompanied by written credit to Photographer or copyright notice as specified on the reverse side. If no placement of a credit or copyright notice is specified on the reverse side, no credit or notice is required. If a credit is required but not actually provided, Client agrees that the amount of the invoiced fee will be subject to a three-times multiple as reasonable compensation to Photographer for the lost value of the credit line.
[6] Alterations:
Client may make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images alone or with any other material, including making digital scans, subject to the provisions as stated in [7] below.
[7] Indemnification: Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any Images or arising out of use of or relating to any materials furnished by Client. Unless delivered to Client by Photographer, no model or property release exists, and it is Client's responsibility to obtain the necessary permissions for usages that require any model or property releases not delivered by Photographer. It is Client's sole responsibility to determine whether any model or property releases delivered by Photographer are suitable for Client's purposes. Photographer's liability for all claims shall not exceed in any event the total amount paid under this invoice.
[8] Assumption of Risk: Client assumes full risk of loss or damage to or arising from materials furnished by Client and warrants that said materials are adequately insured against such loss, damage, or liability.
[9] Transfer and Assignment: Client may not assign or transfer this agreement or any rights granted under it. This agreement binds Client and inures to the benefit of Photographer, as well as their respective principals, employees, agents, and affiliates, heirs, legal representatives, successors, and assigns. Client and its principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and Client is bound by, Client's oral authorizations for additional Images, fees and expenses that could not be confirmed in writing because of insufficient time or other practical considerations. This agreement incorporates by reference the Copyright Act of 1976, as amended. It also incorporates by reference those provisions of Article 2 of the Uniform Commercial Code that do not conflict with any specific provisions of this agreement; to the extent that any provision of this agreement may be in direct, indirect, or partial conflict with any provision of the Uniform Commercial Code, the terms of this agreement shall prevail. To the maximum extent permitted by law, the parties intend that this agreement shall not be governed by or subject to the UCITA of any state. Photographer is an independent contractor and not an employee. If photographer is deemed under any law to be an employee of Client, and if the Images are therefore considered works made for hire under the U.S. Copyright Act, Client hereby transfers the copyright to all such Images to Photographer. Client agrees to execute any documents reasonably requested by Photographer to accomplish, expedite or implement such transfer.
[10] Disputes: Except as provided in [11] below, any dispute regarding this agreement shall, at Photographer's sole discretion, either:
(1) be arbitrated in Bülach (Zurich), 8180, Switzerland, under rules of the American Arbitration Association and the laws of Switzerland, provided, however, that irrespective of any specific provision in the rules of the American Arbitration Association, the parties are not required to use the services of arbitrators participating in the American Arbitration Association or to pay the arbitrators in accordance with the fee schedules specified in those rules. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $5,000 or less may be submitted without arbitration to any court having jurisdiction thereof.
OR
(2) be adjudicated in Bülach (Zurich), 8180, Switzerland under the laws of the United States and/or of Switzerland.
(3) In the event of a dispute, Client shall pay all court costs, Photographer's reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of Photographer.
[11] Federal Jurisdiction: Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by Photographer under the Copyright Act of 1976, as amended, including subsidiary and related claims.
[12] Overtime: In the event a shoot extends beyond eight (8) consecutive hours, Photographer may charge for such excess time of assistants and freelance staff at the rate of 11/2 times their hourly rates.
[13] Reshoots: Client will be charged 100 percent fee and expenses for any reshoot required by Client. For any reshoot required because of any reason outside the control of Client, specifically including but not limited to acts of God, nature, war, terrorism, civil disturbance 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 expenses covered by insurance. A list of exclusions from such insurance will be provided on request.
[14] Assignment Cancellations and Postponements: Cancellations: Client is responsible for payment of all expenses incurred up to the time of cancellation of the assignment, plus 50 percent of Photographer's fee; however, if notice of cancellation is given less than two (2) business days before the shoot date, Client will be charged 100 percent fee. Postponements: Unless otherwise agreed in writing, Client will be charged a 100 percent fee if postponement of the assignment occurs after photographer has departed for location, and 50 percent fee if postponement occurs before departure to location. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party.
“Fashion is not a uniform” Stylist Elizabeth Buitrago creates a profile that adapts to each client’s preferences, style and personality.
“Although fashion shows the trends of the season, that does not mean all the clientele will adopt it blindly,” said Elizabeth Buitrago, founder of Moda Hair Design and Spa.
Moda Hair Design and Spa will offer clients greater access to Elizabeth Buitrago’s hair designs in a convenient location where they can also enjoy a full range of spa services including manicure, pedicure, massage, facials, waxing, etc. Clients will also have access to exclusive consumer products including Kerastase for hair care, Wella for color and Dermalogica for skin care.
Moda Hair Design and Spa is located at 8280 W. State Road 84, Ft, Lauderdale, Florida 33324. Phone # 954-306-6675.
AFI Los Angeles screening and reception of
PEACE AFTER MARRIAGE
"Creative Promise Award" @ Tribeca Film Festival 2011
April 3, 2011
Nicolai Froehlich
Unterweg 81 Postfach 626
Bülach 8180
Switzerland
646-408-8137
nicolai@happynick.com
Faruk Özerten
Hostage International
“Peace After Marriage”
41 Schermerhorn Street, Suite 197
Brooklyn NY 11201
323-963-3243
Photographer Nicolai Froehlich owns the copyright to the still photography created on March 31st 2011 at the screening of “Peace After Marriage” at the American Film Institute in Los Angeles, and grants the Client “Peace After Marriage” film production / Hostage International an exclusive usage license for marketing, production, and promotional purposes across all media types, worldwide, for an unlimited time.
Terms & Conditions
[1] Definition: "Image(s)" means all visual representations furnished to Client by Photographer, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media. Unless otherwise specified on the front of this document, Photographer may deliver, and Client agrees to accept, Images encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the subject matter of each Image and the reproduction technology and uses for which the Image is licensed. It is Client's responsibility to verify that the digital data (including color profile, if provided) are suitable for image
reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer's sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages. Unless otherwise specifically provided elsewhere in this document, Photographer has no obligation to retain or archive any of the Images after they have been delivered to Client. Client is responsible for sending an authorized representative to the assignment or for having an authorized representative review the images remotely during the assignment. If no review is made during the assignment, Client is obligated to accept Photographer's judgment as to the acceptability of the Images.
[2] Rights: All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of Photographer. Unless otherwise specifically provided elsewhere in this document, any grant of rights is limited to a term of one (1) year from the date hereof and to usage in print (conventional non-electronic and non-digital) media in North America.
Unless otherwise specifically provided elsewhere in this document, no image licensed for use on a cover of a publication may be used for promotional or advertising purposes without the express permission of Photographer and the payment of additional fees.
No rights are transferred to Client unless and until Photographer has received payment in full. The parties agree that any usage of any Image without the prior permission of Photographer will be invoiced at three times Photographer's customary fee for such usage. Client agrees to provide Photographer with three copies of each published use of each Image not later than 60 days after the date of first publication of each use. If any Image is being published only in an electronic medium, Client agrees to Provide Photographer with an electronic tearsheet, such as a PDF facsimile or URL of the published use of each such photograph, within fifteen (15) days after the date of first publication of each use. Unless otherwise specifically provided elsewhere in this document, all usage rights are limited to print media, and no digital usages of any kind are permitted. This prohibition includes any rights or privileges that may be claimed under §201(c) of the Copyright Act of 1976 or any similar provision of any applicable law.
Digital files may contain copyright and other information embedded in the header of the image file or elsewhere; removing and/or altering such information is strictly prohibited and constitutes violation of the Copyright Act.
All fees and expenses payable under this agreement are required irrespective of whether Client makes actual use of the Images or the licenses to use them. Unless specifically provided elsewhere in this document, no reprographic, reprint, republication or other secondary reproduction usages may be made, and usage rights are granted only for one-time, English language North American editorial print editions of the publication listed on the front of this document and six month searchable archive use on the website of that publication.
[3] Return and Removal of Images: Client assumes insurer's liability (a) to indemnify Photographer for loss, damage, or misuse of any Images, and (b) to return all Images prepaid and fully insured, safe and undamaged. Unless the right to archive Images has been specifically granted by Photographer on the front of this document, Client agrees to remove and return or destroy all digital copies of all Images. All Images shall be returned, and all digital files created by or on behalf of Client containing any Images shall be delivered to Photographer, deleted or destroyed, within thirty (30) days after the later of: (1) the final licensed use as provided in this document, and (2) if not used, within thirty (30) days after the date of the expiration of the license. Failure to return Images on time will result in loss to Photographer due to his resulting inability to license such Images. Client therefore agrees to pay a holding fee of five dollars and fifty cents ($5.50) per day for each image from the return date until the day on which the Images are actually received by Photographer. Client assumes full liability for its principals, employees, agents, affiliates, successors, and assigns (including without limitation independent contractors, messengers, and freelance researchers) for any loss, damage, delay in returning or deleting, failure to return, or misuse of the Images.
[4] Loss or Damage:
Reimbursement for loss or damage of each digital file shall be in the amount of Two Hundred Dollars ($200). Photographer and Client agree that said amount represents the fair and reasonable cost of the time and materials required to replace each item. Client understands that its acceptance of the stipulated value of the Images is a material consideration in Photographer's acceptance of the terms and prices in this agreement.
[5] Photo Credit: All published usages of Images will be accompanied by written credit to Photographer or copyright notice as specified on the reverse side. If no placement of a credit or copyright notice is specified on the reverse side, no credit or notice is required. If a credit is required but not actually provided, Client agrees that the amount of the invoiced fee will be subject to a three-times multiple as reasonable compensation to Photographer for the lost value of the credit line.
[6] Alterations:
Client may make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images alone or with any other material, including making digital scans, subject to the provisions as stated in [7] below.
[7] Indemnification: Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any Images or arising out of use of or relating to any materials furnished by Client. Unless delivered to Client by Photographer, no model or property release exists, and it is Client's responsibility to obtain the necessary permissions for usages that require any model or property releases not delivered by Photographer. It is Client's sole responsibility to determine whether any model or property releases delivered by Photographer are suitable for Client's purposes. Photographer's liability for all claims shall not exceed in any event the total amount paid under this invoice.
[8] Assumption of Risk: Client assumes full risk of loss or damage to or arising from materials furnished by Client and warrants that said materials are adequately insured against such loss, damage, or liability.
[9] Transfer and Assignment: Client may not assign or transfer this agreement or any rights granted under it. This agreement binds Client and inures to the benefit of Photographer, as well as their respective principals, employees, agents, and affiliates, heirs, legal representatives, successors, and assigns. Client and its principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and Client is bound by, Client's oral authorizations for additional Images, fees and expenses that could not be confirmed in writing because of insufficient time or other practical considerations. This agreement incorporates by reference the Copyright Act of 1976, as amended. It also incorporates by reference those provisions of Article 2 of the Uniform Commercial Code that do not conflict with any specific provisions of this agreement; to the extent that any provision of this agreement may be in direct, indirect, or partial conflict with any provision of the Uniform Commercial Code, the terms of this agreement shall prevail. To the maximum extent permitted by law, the parties intend that this agreement shall not be governed by or subject to the UCITA of any state. Photographer is an independent contractor and not an employee. If photographer is deemed under any law to be an employee of Client, and if the Images are therefore considered works made for hire under the U.S. Copyright Act, Client hereby transfers the copyright to all such Images to Photographer. Client agrees to execute any documents reasonably requested by Photographer to accomplish, expedite or implement such transfer.
[10] Disputes: Except as provided in [11] below, any dispute regarding this agreement shall, at Photographer's sole discretion, either:
(1) be arbitrated in Bülach (Zurich), 8180, Switzerland, under rules of the American Arbitration Association and the laws of Switzerland, provided, however, that irrespective of any specific provision in the rules of the American Arbitration Association, the parties are not required to use the services of arbitrators participating in the American Arbitration Association or to pay the arbitrators in accordance with the fee schedules specified in those rules. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $5,000 or less may be submitted without arbitration to any court having jurisdiction thereof.
OR
(2) be adjudicated in Bülach (Zurich), 8180, Switzerland under the laws of the United States and/or of Switzerland.
(3) In the event of a dispute, Client shall pay all court costs, Photographer's reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of Photographer.
[11] Federal Jurisdiction: Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by Photographer under the Copyright Act of 1976, as amended, including subsidiary and related claims.
[12] Overtime: In the event a shoot extends beyond eight (8) consecutive hours, Photographer may charge for such excess time of assistants and freelance staff at the rate of 11/2 times their hourly rates.
[13] Reshoots: Client will be charged 100 percent fee and expenses for any reshoot required by Client. For any reshoot required because of any reason outside the control of Client, specifically including but not limited to acts of God, nature, war, terrorism, civil disturbance 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 expenses covered by insurance. A list of exclusions from such insurance will be provided on request.
[14] Assignment Cancellations and Postponements: Cancellations: Client is responsible for payment of all expenses incurred up to the time of cancellation of the assignment, plus 50 percent of Photographer's fee; however, if notice of cancellation is given less than two (2) business days before the shoot date, Client will be charged 100 percent fee. Postponements: Unless otherwise agreed in writing, Client will be charged a 100 percent fee if postponement of the assignment occurs after photographer has departed for location, and 50 percent fee if postponement occurs before departure to location. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party.
Client's profile: www.facebook.com/keili.arts
For work, commission or collaboration please reach out to: www.instagram.com/momento.r_/
I was parked on the street outside a client's offices while working on their servers. This is what I found when I got out.
It appeared that they spotted my cheap-looking camera bag stuffed down on the passenger-side floorboard and thought they'd try to smash my window and grab it. I'm guessing that the glass didn't break enough for them to make a quick grab and they moved on.
I'm now thinking twice about having my camera with me in my car all the time. This will change the opportunity for snapping photos quite a bit, I think. We shall see.
Commission job...client's stones and and gold. Pattern carved from Ferris Green. Hand-engraved.....I made a mold of this one.....
REFLECTION OF MINERAL
The site is located near the center of Tokyo. It is a small 44m2 corner plot bounded by two streets. Conforming to legal conditions and in response to the client’s wish for a ‘roofed garage’ the volume was trimmed from various directions. Using the words ‘Mineral’ and ‘reflection’ as guiding concepts, Atelier Tekuto proceeded to use subtraction as a positive tool for design.
MINERAL
Minerals are phenomena that combine abstract properties (conceptual objects) with nonfigurative properties (objects whose presence of matter is more tangible). Changes from transparent to translucent to opaque occur according to light intensity and angle. The mineral body cannot be regarded as a simple element.
REFLECTION
Reflection is a recent concept pertaining to the perception of space. Vision is an important factor in the recognition of space. By controlling geometries (facets with three factors: transparent, translucent and opaque) and entangling them in a three-dimensional way inside the internal space, visual reflection is induced. This results in a deviation from the restrictiveness of space.
As people move inside the space, or as light enters from changing angles, the facet’s presence changes, creating a dynamic space. In contrast to the abstractness of the polyhedron are the kitchen, counter shelf, stairs, floors and toilet box equipped with functionality that exist as nonfigurative objects.
The third floor bathroom unit features a mirror finish in stainless steel, which combines both concepts of object and reflection, and presents itself as a substitution of both ‘minerals’ and ‘reflection’.
The Relationship with the surrounding environment is expressed in the small plaza open to the street, a piloti like space that emerged after placing the garage on ground floor. Its liberating feeling might trigger some change in the surrounding streetscape.
Atlier Tekuto
Photographer
Makoto Yoshida
敷地は東京の住宅密集地にあり、5.15mと3.70mの道路に鋭角に挟まれた、44.62㎡の小さな異形敷地である。建築法規的に道路斜線が二方向からかかり北側斜線も含め、最大ボリュームの形が多角形に切り取られる。
若きクライアントの3つの要望（面白い・最大ボリュームの確保・屋根付き駐車場）と敷地が持つ絶対条件から最初に思い描いたものは地中に『鉱物』が埋れているイメージ。
様々な角度から受ける規制と採光、住居としてのスペースを最大ボリュームから削りとり、多角形がもつ面の構成を壁・床・天井・開口と、建築における空間構成へ置換して形態を決定した。
その行為はダイヤモンドの価値を決めるのに最も重要されるCutと同様である。
アトリエ天工人
写真家
吉田 誠
Darbyshire designed and installed a white formica topped desk area for a bedroom in the client's flat.
Wedding in Turkey - Land of Santa Claus
My bride looks so beautiful in Meera Meera princess wedding dress.
Unique quality custom wedding dresses. Ship Worldwide. Each of the dress is created based on each of our client’s exact requirements and measurements.
If you want a wedding dress which truly reflect who you are with sotiphicated and luxury details, please send us a message.
Chiếc váy cưới Meera Meera Fashion Concept toả sáng rực rỡ trên nền tuyết trắng xoá tại Thổ Nhĩ Kỳ - Đất nước của Ông Già Noel và những bông hoa tulip.
Chân thành cảm ơn cô công chúa nhỏ đã tin tưởng và cùng Meera Meera hoàn thiện nên chiếc váy cưới trong mơ của mình.
Nguồn ảnh/Source: Cô dâu chia sẻ/to the bride and groom
Áo cưới/Wedding Dress: Meera Meera Fashion Concept.
Chi tiết: meerameera.net/pages/may-ao-cuoi
meerameera.net/collections/may-ao-cuoi-dep-tp-hcm/custom-...
Liên hệ để đặt lịch tư vấn với nhà thiết kế và giải đáp mọi thắc mắc của khách hàng:
Email: meerameerafashion@gmail.com
Hotline: 0932711831 - 0908248444
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My client's basement had the regular problems - too much stuff in too little space. I took cardboard for recycling, items for donation, grouped similar belongings, then placed items in tubs so wanted belongings could be found when needed.
Tattoo Portrait of my client's wife when she was 4 years old. Pretty cool idea! Love it when my clients com up with awesome tattoo ideas! All Eternal Ink. www.DavidMushaneyTattoos.com
Client's profile: www.facebook.com/keili.arts
For work, commission or collaboration please reach out to: www.instagram.com/momento.r_/
American Le Mans Series driver Kyle Marcelli takes a client's car for a spin at Frank Ewald's lapping day, Mosport International Raceway. I believe the owner's in the passenger seat, and yes, he got the car back shortly after.
A bit blurry, but the best shot I got of this very pretty car. Colour balance is a little wacky as I was struggling with a fairly murky overcast. Shot from outside the track, just after turn 1.
Thanks to Frank for the invitation. I'll see Kyle again on track in August, in an LMP Challenge car, if all goes well. And if I'm lucky I might get another crack at photographing this car next year.
Client's profile: www.facebook.com/keili.arts
For work, commission or collaboration please reach out to: www.instagram.com/momento.r_/
My client's Sulphur-crested Cockatoo enjoying a sweet pepper I brought for her from my garden. I also bring her rose hips as she loves (with amazing agility and ease) to open them up and eat the seeds. She also is very affectionate and loves to be petted so naturally I must oblige. : ))
Taken with my iPhone.
CLIENT’S REQUIREMENTS
EIA in London, UK and Washington, USA undertake covert investigations aimed at uncovering international environmental crime. Reports on their operations had to be designed and produced.
We worked closely with the investigators to design and produce their various reports, which are submitted to a variety of influential organisations such as international governments, the United nations and the International Whaling Commission.
OUR CLIENT'S RANGE ROVER WITH 22" COR LLARDO WHEELS. CLIENT IS LOCATED IN FLORIDA. www.WheelsPerformance.com
Taken very early one morning when I arrived at my first client's house - these sulphur-crested cockatoos were grazing on the grass verge. They had moved by the time I got my mini-cam out of the boot (trunk). It's not a common sight in suburbia. I had to shoot from a fair distance, so the photo is a bit grainy, unfortunately, because it is cropped so much. They are not afraid, but are wary of humans, so when a neighbourhood lady ventured too close, they flew away. Those beaks can break open brazil nuts, so there is a lot of respect towards them. :D
A commission....client's stones. A rather unusual and large (.89 carat) oval diamond in this one. Original pattern carved from Ferris Green. 8.32 grams. Rhodium finish.
OUR CLIENT'S PORSCHE 997 S WITH 20" HRE 540 WHEELS. CLIENT IS LOCATED IN FLORIDA. www.WheelsPerformance.com
AFI Los Angeles screening and reception of
PEACE AFTER MARRIAGE
"Creative Promise Award" @ Tribeca Film Festival 2011
April 3, 2011
Nicolai Froehlich
Unterweg 81 Postfach 626
Bülach 8180
Switzerland
646-408-8137
nicolai@happynick.com
Faruk Özerten
Hostage International
“Peace After Marriage”
41 Schermerhorn Street, Suite 197
Brooklyn NY 11201
323-963-3243
Photographer Nicolai Froehlich owns the copyright to the still photography created on March 31st 2011 at the screening of “Peace After Marriage” at the American Film Institute in Los Angeles, and grants the Client “Peace After Marriage” film production / Hostage International an exclusive usage license for marketing, production, and promotional purposes across all media types, worldwide, for an unlimited time.
Terms & Conditions
[1] Definition: "Image(s)" means all visual representations furnished to Client by Photographer, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media. Unless otherwise specified on the front of this document, Photographer may deliver, and Client agrees to accept, Images encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the subject matter of each Image and the reproduction technology and uses for which the Image is licensed. It is Client's responsibility to verify that the digital data (including color profile, if provided) are suitable for image
reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer's sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages. Unless otherwise specifically provided elsewhere in this document, Photographer has no obligation to retain or archive any of the Images after they have been delivered to Client. Client is responsible for sending an authorized representative to the assignment or for having an authorized representative review the images remotely during the assignment. If no review is made during the assignment, Client is obligated to accept Photographer's judgment as to the acceptability of the Images.
[2] Rights: All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of Photographer. Unless otherwise specifically provided elsewhere in this document, any grant of rights is limited to a term of one (1) year from the date hereof and to usage in print (conventional non-electronic and non-digital) media in North America.
Unless otherwise specifically provided elsewhere in this document, no image licensed for use on a cover of a publication may be used for promotional or advertising purposes without the express permission of Photographer and the payment of additional fees.
No rights are transferred to Client unless and until Photographer has received payment in full. The parties agree that any usage of any Image without the prior permission of Photographer will be invoiced at three times Photographer's customary fee for such usage. Client agrees to provide Photographer with three copies of each published use of each Image not later than 60 days after the date of first publication of each use. If any Image is being published only in an electronic medium, Client agrees to Provide Photographer with an electronic tearsheet, such as a PDF facsimile or URL of the published use of each such photograph, within fifteen (15) days after the date of first publication of each use. Unless otherwise specifically provided elsewhere in this document, all usage rights are limited to print media, and no digital usages of any kind are permitted. This prohibition includes any rights or privileges that may be claimed under §201(c) of the Copyright Act of 1976 or any similar provision of any applicable law.
Digital files may contain copyright and other information embedded in the header of the image file or elsewhere; removing and/or altering such information is strictly prohibited and constitutes violation of the Copyright Act.
All fees and expenses payable under this agreement are required irrespective of whether Client makes actual use of the Images or the licenses to use them. Unless specifically provided elsewhere in this document, no reprographic, reprint, republication or other secondary reproduction usages may be made, and usage rights are granted only for one-time, English language North American editorial print editions of the publication listed on the front of this document and six month searchable archive use on the website of that publication.
[3] Return and Removal of Images: Client assumes insurer's liability (a) to indemnify Photographer for loss, damage, or misuse of any Images, and (b) to return all Images prepaid and fully insured, safe and undamaged. Unless the right to archive Images has been specifically granted by Photographer on the front of this document, Client agrees to remove and return or destroy all digital copies of all Images. All Images shall be returned, and all digital files created by or on behalf of Client containing any Images shall be delivered to Photographer, deleted or destroyed, within thirty (30) days after the later of: (1) the final licensed use as provided in this document, and (2) if not used, within thirty (30) days after the date of the expiration of the license. Failure to return Images on time will result in loss to Photographer due to his resulting inability to license such Images. Client therefore agrees to pay a holding fee of five dollars and fifty cents ($5.50) per day for each image from the return date until the day on which the Images are actually received by Photographer. Client assumes full liability for its principals, employees, agents, affiliates, successors, and assigns (including without limitation independent contractors, messengers, and freelance researchers) for any loss, damage, delay in returning or deleting, failure to return, or misuse of the Images.
[4] Loss or Damage:
Reimbursement for loss or damage of each digital file shall be in the amount of Two Hundred Dollars ($200). Photographer and Client agree that said amount represents the fair and reasonable cost of the time and materials required to replace each item. Client understands that its acceptance of the stipulated value of the Images is a material consideration in Photographer's acceptance of the terms and prices in this agreement.
[5] Photo Credit: All published usages of Images will be accompanied by written credit to Photographer or copyright notice as specified on the reverse side. If no placement of a credit or copyright notice is specified on the reverse side, no credit or notice is required. If a credit is required but not actually provided, Client agrees that the amount of the invoiced fee will be subject to a three-times multiple as reasonable compensation to Photographer for the lost value of the credit line.
[6] Alterations:
Client may make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images alone or with any other material, including making digital scans, subject to the provisions as stated in [7] below.
[7] Indemnification: Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any Images or arising out of use of or relating to any materials furnished by Client. Unless delivered to Client by Photographer, no model or property release exists, and it is Client's responsibility to obtain the necessary permissions for usages that require any model or property releases not delivered by Photographer. It is Client's sole responsibility to determine whether any model or property releases delivered by Photographer are suitable for Client's purposes. Photographer's liability for all claims shall not exceed in any event the total amount paid under this invoice.
[8] Assumption of Risk: Client assumes full risk of loss or damage to or arising from materials furnished by Client and warrants that said materials are adequately insured against such loss, damage, or liability.
[9] Transfer and Assignment: Client may not assign or transfer this agreement or any rights granted under it. This agreement binds Client and inures to the benefit of Photographer, as well as their respective principals, employees, agents, and affiliates, heirs, legal representatives, successors, and assigns. Client and its principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and Client is bound by, Client's oral authorizations for additional Images, fees and expenses that could not be confirmed in writing because of insufficient time or other practical considerations. This agreement incorporates by reference the Copyright Act of 1976, as amended. It also incorporates by reference those provisions of Article 2 of the Uniform Commercial Code that do not conflict with any specific provisions of this agreement; to the extent that any provision of this agreement may be in direct, indirect, or partial conflict with any provision of the Uniform Commercial Code, the terms of this agreement shall prevail. To the maximum extent permitted by law, the parties intend that this agreement shall not be governed by or subject to the UCITA of any state. Photographer is an independent contractor and not an employee. If photographer is deemed under any law to be an employee of Client, and if the Images are therefore considered works made for hire under the U.S. Copyright Act, Client hereby transfers the copyright to all such Images to Photographer. Client agrees to execute any documents reasonably requested by Photographer to accomplish, expedite or implement such transfer.
[10] Disputes: Except as provided in [11] below, any dispute regarding this agreement shall, at Photographer's sole discretion, either:
(1) be arbitrated in Bülach (Zurich), 8180, Switzerland, under rules of the American Arbitration Association and the laws of Switzerland, provided, however, that irrespective of any specific provision in the rules of the American Arbitration Association, the parties are not required to use the services of arbitrators participating in the American Arbitration Association or to pay the arbitrators in accordance with the fee schedules specified in those rules. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $5,000 or less may be submitted without arbitration to any court having jurisdiction thereof.
OR
(2) be adjudicated in Bülach (Zurich), 8180, Switzerland under the laws of the United States and/or of Switzerland.
(3) In the event of a dispute, Client shall pay all court costs, Photographer's reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of Photographer.
[11] Federal Jurisdiction: Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by Photographer under the Copyright Act of 1976, as amended, including subsidiary and related claims.
[12] Overtime: In the event a shoot extends beyond eight (8) consecutive hours, Photographer may charge for such excess time of assistants and freelance staff at the rate of 11/2 times their hourly rates.
[13] Reshoots: Client will be charged 100 percent fee and expenses for any reshoot required by Client. For any reshoot required because of any reason outside the control of Client, specifically including but not limited to acts of God, nature, war, terrorism, civil disturbance 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 expenses covered by insurance. A list of exclusions from such insurance will be provided on request.
[14] Assignment Cancellations and Postponements: Cancellations: Client is responsible for payment of all expenses incurred up to the time of cancellation of the assignment, plus 50 percent of Photographer's fee; however, if notice of cancellation is given less than two (2) business days before the shoot date, Client will be charged 100 percent fee. Postponements: Unless otherwise agreed in writing, Client will be charged a 100 percent fee if postponement of the assignment occurs after photographer has departed for location, and 50 percent fee if postponement occurs before departure to location. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party.
I designed a custom pattern for my client's wall and then had a large template made for stenciling.
By using a metallic silver mixed with a small amount of wall color, it shimmers brightly in some areas, and is darker in others depending on how the light hits it. It feels like wallpaper. Clean, simple and somewhat retro, but sophisticated.
Chicago, IL
AFI Los Angeles screening and reception of
PEACE AFTER MARRIAGE
"Creative Promise Award" @ Tribeca Film Festival 2011
April 3, 2011
Nicolai Froehlich
Unterweg 81 Postfach 626
Bülach 8180
Switzerland
646-408-8137
nicolai@happynick.com
Faruk Özerten
Hostage International
“Peace After Marriage”
41 Schermerhorn Street, Suite 197
Brooklyn NY 11201
323-963-3243
Photographer Nicolai Froehlich owns the copyright to the still photography created on March 31st 2011 at the screening of “Peace After Marriage” at the American Film Institute in Los Angeles, and grants the Client “Peace After Marriage” film production / Hostage International an exclusive usage license for marketing, production, and promotional purposes across all media types, worldwide, for an unlimited time.
Terms & Conditions
[1] Definition: "Image(s)" means all visual representations furnished to Client by Photographer, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media. Unless otherwise specified on the front of this document, Photographer may deliver, and Client agrees to accept, Images encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the subject matter of each Image and the reproduction technology and uses for which the Image is licensed. It is Client's responsibility to verify that the digital data (including color profile, if provided) are suitable for image
reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer's sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages. Unless otherwise specifically provided elsewhere in this document, Photographer has no obligation to retain or archive any of the Images after they have been delivered to Client. Client is responsible for sending an authorized representative to the assignment or for having an authorized representative review the images remotely during the assignment. If no review is made during the assignment, Client is obligated to accept Photographer's judgment as to the acceptability of the Images.
[2] Rights: All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of Photographer. Unless otherwise specifically provided elsewhere in this document, any grant of rights is limited to a term of one (1) year from the date hereof and to usage in print (conventional non-electronic and non-digital) media in North America.
Unless otherwise specifically provided elsewhere in this document, no image licensed for use on a cover of a publication may be used for promotional or advertising purposes without the express permission of Photographer and the payment of additional fees.
No rights are transferred to Client unless and until Photographer has received payment in full. The parties agree that any usage of any Image without the prior permission of Photographer will be invoiced at three times Photographer's customary fee for such usage. Client agrees to provide Photographer with three copies of each published use of each Image not later than 60 days after the date of first publication of each use. If any Image is being published only in an electronic medium, Client agrees to Provide Photographer with an electronic tearsheet, such as a PDF facsimile or URL of the published use of each such photograph, within fifteen (15) days after the date of first publication of each use. Unless otherwise specifically provided elsewhere in this document, all usage rights are limited to print media, and no digital usages of any kind are permitted. This prohibition includes any rights or privileges that may be claimed under §201(c) of the Copyright Act of 1976 or any similar provision of any applicable law.
Digital files may contain copyright and other information embedded in the header of the image file or elsewhere; removing and/or altering such information is strictly prohibited and constitutes violation of the Copyright Act.
All fees and expenses payable under this agreement are required irrespective of whether Client makes actual use of the Images or the licenses to use them. Unless specifically provided elsewhere in this document, no reprographic, reprint, republication or other secondary reproduction usages may be made, and usage rights are granted only for one-time, English language North American editorial print editions of the publication listed on the front of this document and six month searchable archive use on the website of that publication.
[3] Return and Removal of Images: Client assumes insurer's liability (a) to indemnify Photographer for loss, damage, or misuse of any Images, and (b) to return all Images prepaid and fully insured, safe and undamaged. Unless the right to archive Images has been specifically granted by Photographer on the front of this document, Client agrees to remove and return or destroy all digital copies of all Images. All Images shall be returned, and all digital files created by or on behalf of Client containing any Images shall be delivered to Photographer, deleted or destroyed, within thirty (30) days after the later of: (1) the final licensed use as provided in this document, and (2) if not used, within thirty (30) days after the date of the expiration of the license. Failure to return Images on time will result in loss to Photographer due to his resulting inability to license such Images. Client therefore agrees to pay a holding fee of five dollars and fifty cents ($5.50) per day for each image from the return date until the day on which the Images are actually received by Photographer. Client assumes full liability for its principals, employees, agents, affiliates, successors, and assigns (including without limitation independent contractors, messengers, and freelance researchers) for any loss, damage, delay in returning or deleting, failure to return, or misuse of the Images.
[4] Loss or Damage:
Reimbursement for loss or damage of each digital file shall be in the amount of Two Hundred Dollars ($200). Photographer and Client agree that said amount represents the fair and reasonable cost of the time and materials required to replace each item. Client understands that its acceptance of the stipulated value of the Images is a material consideration in Photographer's acceptance of the terms and prices in this agreement.
[5] Photo Credit: All published usages of Images will be accompanied by written credit to Photographer or copyright notice as specified on the reverse side. If no placement of a credit or copyright notice is specified on the reverse side, no credit or notice is required. If a credit is required but not actually provided, Client agrees that the amount of the invoiced fee will be subject to a three-times multiple as reasonable compensation to Photographer for the lost value of the credit line.
[6] Alterations:
Client may make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images alone or with any other material, including making digital scans, subject to the provisions as stated in [7] below.
[7] Indemnification: Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any Images or arising out of use of or relating to any materials furnished by Client. Unless delivered to Client by Photographer, no model or property release exists, and it is Client's responsibility to obtain the necessary permissions for usages that require any model or property releases not delivered by Photographer. It is Client's sole responsibility to determine whether any model or property releases delivered by Photographer are suitable for Client's purposes. Photographer's liability for all claims shall not exceed in any event the total amount paid under this invoice.
[8] Assumption of Risk: Client assumes full risk of loss or damage to or arising from materials furnished by Client and warrants that said materials are adequately insured against such loss, damage, or liability.
[9] Transfer and Assignment: Client may not assign or transfer this agreement or any rights granted under it. This agreement binds Client and inures to the benefit of Photographer, as well as their respective principals, employees, agents, and affiliates, heirs, legal representatives, successors, and assigns. Client and its principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and Client is bound by, Client's oral authorizations for additional Images, fees and expenses that could not be confirmed in writing because of insufficient time or other practical considerations. This agreement incorporates by reference the Copyright Act of 1976, as amended. It also incorporates by reference those provisions of Article 2 of the Uniform Commercial Code that do not conflict with any specific provisions of this agreement; to the extent that any provision of this agreement may be in direct, indirect, or partial conflict with any provision of the Uniform Commercial Code, the terms of this agreement shall prevail. To the maximum extent permitted by law, the parties intend that this agreement shall not be governed by or subject to the UCITA of any state. Photographer is an independent contractor and not an employee. If photographer is deemed under any law to be an employee of Client, and if the Images are therefore considered works made for hire under the U.S. Copyright Act, Client hereby transfers the copyright to all such Images to Photographer. Client agrees to execute any documents reasonably requested by Photographer to accomplish, expedite or implement such transfer.
[10] Disputes: Except as provided in [11] below, any dispute regarding this agreement shall, at Photographer's sole discretion, either:
(1) be arbitrated in Bülach (Zurich), 8180, Switzerland, under rules of the American Arbitration Association and the laws of Switzerland, provided, however, that irrespective of any specific provision in the rules of the American Arbitration Association, the parties are not required to use the services of arbitrators participating in the American Arbitration Association or to pay the arbitrators in accordance with the fee schedules specified in those rules. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $5,000 or less may be submitted without arbitration to any court having jurisdiction thereof.
OR
(2) be adjudicated in Bülach (Zurich), 8180, Switzerland under the laws of the United States and/or of Switzerland.
(3) In the event of a dispute, Client shall pay all court costs, Photographer's reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of Photographer.
[11] Federal Jurisdiction: Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by Photographer under the Copyright Act of 1976, as amended, including subsidiary and related claims.
[12] Overtime: In the event a shoot extends beyond eight (8) consecutive hours, Photographer may charge for such excess time of assistants and freelance staff at the rate of 11/2 times their hourly rates.
[13] Reshoots: Client will be charged 100 percent fee and expenses for any reshoot required by Client. For any reshoot required because of any reason outside the control of Client, specifically including but not limited to acts of God, nature, war, terrorism, civil disturbance 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 expenses covered by insurance. A list of exclusions from such insurance will be provided on request.
[14] Assignment Cancellations and Postponements: Cancellations: Client is responsible for payment of all expenses incurred up to the time of cancellation of the assignment, plus 50 percent of Photographer's fee; however, if notice of cancellation is given less than two (2) business days before the shoot date, Client will be charged 100 percent fee. Postponements: Unless otherwise agreed in writing, Client will be charged a 100 percent fee if postponement of the assignment occurs after photographer has departed for location, and 50 percent fee if postponement occurs before departure to location. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party.
AFI Los Angeles screening and reception of
PEACE AFTER MARRIAGE
"Creative Promise Award" @ Tribeca Film Festival 2011
April 3, 2011
Nicolai Froehlich
Unterweg 81 Postfach 626
Bülach 8180
Switzerland
646-408-8137
nicolai@happynick.com
Faruk Özerten
Hostage International
“Peace After Marriage”
41 Schermerhorn Street, Suite 197
Brooklyn NY 11201
323-963-3243
Photographer Nicolai Froehlich owns the copyright to the still photography created on March 31st 2011 at the screening of “Peace After Marriage” at the American Film Institute in Los Angeles, and grants the Client “Peace After Marriage” film production / Hostage International an exclusive usage license for marketing, production, and promotional purposes across all media types, worldwide, for an unlimited time.
Terms & Conditions
[1] Definition: "Image(s)" means all visual representations furnished to Client by Photographer, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media. Unless otherwise specified on the front of this document, Photographer may deliver, and Client agrees to accept, Images encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the subject matter of each Image and the reproduction technology and uses for which the Image is licensed. It is Client's responsibility to verify that the digital data (including color profile, if provided) are suitable for image
reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer's sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages. Unless otherwise specifically provided elsewhere in this document, Photographer has no obligation to retain or archive any of the Images after they have been delivered to Client. Client is responsible for sending an authorized representative to the assignment or for having an authorized representative review the images remotely during the assignment. If no review is made during the assignment, Client is obligated to accept Photographer's judgment as to the acceptability of the Images.
[2] Rights: All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of Photographer. Unless otherwise specifically provided elsewhere in this document, any grant of rights is limited to a term of one (1) year from the date hereof and to usage in print (conventional non-electronic and non-digital) media in North America.
Unless otherwise specifically provided elsewhere in this document, no image licensed for use on a cover of a publication may be used for promotional or advertising purposes without the express permission of Photographer and the payment of additional fees.
No rights are transferred to Client unless and until Photographer has received payment in full. The parties agree that any usage of any Image without the prior permission of Photographer will be invoiced at three times Photographer's customary fee for such usage. Client agrees to provide Photographer with three copies of each published use of each Image not later than 60 days after the date of first publication of each use. If any Image is being published only in an electronic medium, Client agrees to Provide Photographer with an electronic tearsheet, such as a PDF facsimile or URL of the published use of each such photograph, within fifteen (15) days after the date of first publication of each use. Unless otherwise specifically provided elsewhere in this document, all usage rights are limited to print media, and no digital usages of any kind are permitted. This prohibition includes any rights or privileges that may be claimed under §201(c) of the Copyright Act of 1976 or any similar provision of any applicable law.
Digital files may contain copyright and other information embedded in the header of the image file or elsewhere; removing and/or altering such information is strictly prohibited and constitutes violation of the Copyright Act.
All fees and expenses payable under this agreement are required irrespective of whether Client makes actual use of the Images or the licenses to use them. Unless specifically provided elsewhere in this document, no reprographic, reprint, republication or other secondary reproduction usages may be made, and usage rights are granted only for one-time, English language North American editorial print editions of the publication listed on the front of this document and six month searchable archive use on the website of that publication.
[3] Return and Removal of Images: Client assumes insurer's liability (a) to indemnify Photographer for loss, damage, or misuse of any Images, and (b) to return all Images prepaid and fully insured, safe and undamaged. Unless the right to archive Images has been specifically granted by Photographer on the front of this document, Client agrees to remove and return or destroy all digital copies of all Images. All Images shall be returned, and all digital files created by or on behalf of Client containing any Images shall be delivered to Photographer, deleted or destroyed, within thirty (30) days after the later of: (1) the final licensed use as provided in this document, and (2) if not used, within thirty (30) days after the date of the expiration of the license. Failure to return Images on time will result in loss to Photographer due to his resulting inability to license such Images. Client therefore agrees to pay a holding fee of five dollars and fifty cents ($5.50) per day for each image from the return date until the day on which the Images are actually received by Photographer. Client assumes full liability for its principals, employees, agents, affiliates, successors, and assigns (including without limitation independent contractors, messengers, and freelance researchers) for any loss, damage, delay in returning or deleting, failure to return, or misuse of the Images.
[4] Loss or Damage:
Reimbursement for loss or damage of each digital file shall be in the amount of Two Hundred Dollars ($200). Photographer and Client agree that said amount represents the fair and reasonable cost of the time and materials required to replace each item. Client understands that its acceptance of the stipulated value of the Images is a material consideration in Photographer's acceptance of the terms and prices in this agreement.
[5] Photo Credit: All published usages of Images will be accompanied by written credit to Photographer or copyright notice as specified on the reverse side. If no placement of a credit or copyright notice is specified on the reverse side, no credit or notice is required. If a credit is required but not actually provided, Client agrees that the amount of the invoiced fee will be subject to a three-times multiple as reasonable compensation to Photographer for the lost value of the credit line.
[6] Alterations:
Client may make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images alone or with any other material, including making digital scans, subject to the provisions as stated in [7] below.
[7] Indemnification: Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any Images or arising out of use of or relating to any materials furnished by Client. Unless delivered to Client by Photographer, no model or property release exists, and it is Client's responsibility to obtain the necessary permissions for usages that require any model or property releases not delivered by Photographer. It is Client's sole responsibility to determine whether any model or property releases delivered by Photographer are suitable for Client's purposes. Photographer's liability for all claims shall not exceed in any event the total amount paid under this invoice.
[8] Assumption of Risk: Client assumes full risk of loss or damage to or arising from materials furnished by Client and warrants that said materials are adequately insured against such loss, damage, or liability.
[9] Transfer and Assignment: Client may not assign or transfer this agreement or any rights granted under it. This agreement binds Client and inures to the benefit of Photographer, as well as their respective principals, employees, agents, and affiliates, heirs, legal representatives, successors, and assigns. Client and its principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and Client is bound by, Client's oral authorizations for additional Images, fees and expenses that could not be confirmed in writing because of insufficient time or other practical considerations. This agreement incorporates by reference the Copyright Act of 1976, as amended. It also incorporates by reference those provisions of Article 2 of the Uniform Commercial Code that do not conflict with any specific provisions of this agreement; to the extent that any provision of this agreement may be in direct, indirect, or partial conflict with any provision of the Uniform Commercial Code, the terms of this agreement shall prevail. To the maximum extent permitted by law, the parties intend that this agreement shall not be governed by or subject to the UCITA of any state. Photographer is an independent contractor and not an employee. If photographer is deemed under any law to be an employee of Client, and if the Images are therefore considered works made for hire under the U.S. Copyright Act, Client hereby transfers the copyright to all such Images to Photographer. Client agrees to execute any documents reasonably requested by Photographer to accomplish, expedite or implement such transfer.
[10] Disputes: Except as provided in [11] below, any dispute regarding this agreement shall, at Photographer's sole discretion, either:
(1) be arbitrated in Bülach (Zurich), 8180, Switzerland, under rules of the American Arbitration Association and the laws of Switzerland, provided, however, that irrespective of any specific provision in the rules of the American Arbitration Association, the parties are not required to use the services of arbitrators participating in the American Arbitration Association or to pay the arbitrators in accordance with the fee schedules specified in those rules. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $5,000 or less may be submitted without arbitration to any court having jurisdiction thereof.
OR
(2) be adjudicated in Bülach (Zurich), 8180, Switzerland under the laws of the United States and/or of Switzerland.
(3) In the event of a dispute, Client shall pay all court costs, Photographer's reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of Photographer.
[11] Federal Jurisdiction: Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by Photographer under the Copyright Act of 1976, as amended, including subsidiary and related claims.
[12] Overtime: In the event a shoot extends beyond eight (8) consecutive hours, Photographer may charge for such excess time of assistants and freelance staff at the rate of 11/2 times their hourly rates.
[13] Reshoots: Client will be charged 100 percent fee and expenses for any reshoot required by Client. For any reshoot required because of any reason outside the control of Client, specifically including but not limited to acts of God, nature, war, terrorism, civil disturbance 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 expenses covered by insurance. A list of exclusions from such insurance will be provided on request.
[14] Assignment Cancellations and Postponements: Cancellations: Client is responsible for payment of all expenses incurred up to the time of cancellation of the assignment, plus 50 percent of Photographer's fee; however, if notice of cancellation is given less than two (2) business days before the shoot date, Client will be charged 100 percent fee. Postponements: Unless otherwise agreed in writing, Client will be charged a 100 percent fee if postponement of the assignment occurs after photographer has departed for location, and 50 percent fee if postponement occurs before departure to location. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party.