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A Lathyrus odoratus plant in one of my client's gardens.
I posted this early access for my Patreon patrons a week ago.
the main entrance of one of the residential client's bungalow. As the owners were Sarawakian, we tried to incorporate some cultural elements of Sarawak into their house, hence the laser cut carving that hides their shoe cabinet.
the red cloth is typical of those who believe that the colour means prosperity. as this was the house-moving day, an auspicious colour must be chosen.
#Badog X2 our most popular and oldest model of cnc router. We are really happy to supply our clients with the classics too. It's another one just setting up for our client's demand.
Maranello 24 October 2023
The wraps are off the new Ferrari One-Off designed to a client’s specifications
The SP-8 is an uncompromising thoroughbred roadster crafted on the F8 Spider architecture
It will be possible to admire the SP-8 at the Ferrari Finali Mondiali and later at the Ferrari Museum in Maranello
Maranello, 24 October 2023 – Ferrari today unveiled the latest addition to its One-Off series, the Ferrari SP-8. Part of the marque’s Special Projects programme and designed by the Flavio Manzoni-headed Ferrari Styling Centre, it is a mid-rear-engined V8 based on the F8 Spider from which it inherits its layout, chassis and engine. The SP-8 one-off joins the hallowed ranks of the most exclusive segment in the Ferrari range, unique cars crafted around individual clients’ specifications, with the result that they embody the very pinnacle of Prancing Horse customisation.
The car’s name celebrates its 3.9-litre V8 twin-turbo engine, one of the most critically-acclaimed power units in history and the winner of the prestigious Engine of the Year (IEOTY) award on four consecutive occasions. As the client that commissioned the SP-8 hails from Taiwan, the number 8 is also significant as it considered extremely lucky in Chinese culture, traditionally auguring success, good fortune and personal achievement.
The SP-8’s most unique feature is the fact that it has no roof, making it a thoroughbred two-seater roadster in every respect, underscoring its sporty character and the instantly exhilarating visual and en plein air driving experience it delivers. This solution demanded extensive refining of its aerodynamics through a combination of CFD simulations, wind tunnel testing and track testing to guarantee a standard of acoustic comfort and wind feeling comparable to the car that inspired it.
The car’s main styling theme centres around the way in which its volumes crossover and fuse into one another: the unpainted carbon-fibre front wraps around to the tail, creating a two-tone effect that creates a powerful contrast in terms of both colour and materials. The elimination of the retractable hard top allowed the designers to radically restyle the entire tail section, giving it a full volume with a taut belt line. The car’s volume is divided into two parts which are connected by a functional central area in matte black that includes the side air intakes with separate ducts for the intercoolers and engine. The upper section of this band incorporates a vent for the engine compartment with longitudinal elements that reference the lateral strakes typical of Ferraris of the past.
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.
A passion for chemistry and mathematics led Master Colorist, Jenna Rabideau to a 16-year career that combines her artistic edge and intellect. She began her studies at Ogle Beauty School, worked as the assistant to the North American Director of Hair color at Toni&Guy, and trained under The Doves who are now the creative directors of Wella International. Her expertise complimented by determination and business knowledge inspired this "creative genius" to open the doors of Halo Salon & Color Lab in 2007. Since Halo's inception, the salon has been named one of the Top 200 Salons in North America by Salon Today and a Top 100 Salon in the US by Be! Beauty Entertainment Magazine. In addition to her Master Colorist status, Jenna is also a noted editorial stylist and beauty expert. Jenna has collaborated with many designers to produce successful fashion shows and has worked on celebrity clientele such as Thom Filicia and America's Next Top Model, Whitney Thompson. She has been featured in both local and national print and broadcast media including: We TV's My Fair Wedding and Get Married, Glamour, First for Women, Daily Candy, MSNBC, WebMD, Hollywood Hair, Be! Beauty Entertainment, CBS, CW 33, NBC, ABC and many more. Jenna was named "Top 40 Under 40" this year by Fort Worth Business Press. Little known fact about Jenna: In her entire career she has never once cut a client's hair!
Mike Krause knows the challenges sales leaders and business professionals face every day, having sold well over $100 million in products and services in his twenty years of professional sales, consistently achieving high levels of success in sales, management and training. He is a seasoned veteran of driving and achieving quantifiable results across a wide array of business models and organization sizes.
Since running his first lemonade stand at the age of seven, Mike’s proven approach to sales is to roll up his sleeves, jump into the trenches with his client’s salespeople and do whatever it takes to teach them his customized tools, tactics and strategies to generate income and strengthen positive branding.
From building a landscape company from inception to 130 accounts in two years to being recognized as a top producer in each of the Fortune 500 companies for which he worked, Mike always exceeds his goals. Mike funded his undergraduate education at St. Bonaventure University with his landscaping company and later obtained a Master’s degree in Strategic Leadership with a concentration in entrepreneurship from Roberts Wesleyan College.
After spending over twelve years in Corporate America, Mike discovered his true passion in helping business leaders and sales professionals achieve their sales objectives more rapidly through his highly effective selling processes. His previous book, Sell or Sink: Strategies, Tactics and Tools Every Business Leader Must Know to Stay Afloat! is available online through Amazon and Barnes & Noble.
My latest book, SMART Prospecting: That Works Every Time! (McGraw Hill, March 2013)blends old school proven sales strategies with new age tactics and technology that make all sales people more productive and more effective. My clients have measured 40 to 65 percent growth in prospecting calls and increases of 22 percent in closed sales. In fact, Brian Tracy, universally acknowledged self-help author, motivational speaker, entrepreneur, business coach and keynote speaker − and 18 other top selling experts − endorse SMART Prospecting, “This is a terrific, intelligent book that shows you how to get in front of more and better prospects−faster than ever before.”
Today, Mike Krause is the president and founder of Sales Sense Solutions, Inc. where he delivers measurable results with his clients using Fortune 500 strategies, tactics, and tools. The company’s mission is to customize Fortune 500 sales experience and success systems for small and mid-sized companies. In addition to his thriving consulting work, Krause is an in-demand speaker and has received numerous awards for his acclaimed training programs. In his spare time, Mike enjoys piloting his sailboat on the Great Lakes, having successfully earned his marine captain’s license three years ago.
Visit: mdkrause.com/
To your sales success!
Michael D. Krause
585-704-6453
Author | Consultant | Strategist
Best Selling Author:
SMART Prospecting That Works Every Time!
Did a photoshoot on Saturday at a client’s house for her mother’s 80th birthday. There were about 30 to 40 people there so it was pretty crazy. Luckily there was a fairly empty room with open walls that I could use to take the portraits. I got to use my new lighting gear and see if I learned anything from all of the lighting dvd’s that I recently watched. These are a few of my favorites. Thanks to Anthony for assisting during the shoot.
Strobist:
SB-800 (triggered via CLS) in 60” Photek Softlighter II to camera right
36” reflector to camera left
Disaster Health Service volunteers going over client's paperwork.
Photo by Pooja Trivedi/American Red Cross
8/26/14
Unedited photos for customer approval. Customer sent me her mother's clothes & linens, and requested that I use them make clothing for her favorite doll.
This is the shirt that almost killed me. It started out life as an extra large vintage handkerchief, and was then made into an awful peasant blouse, then a bland kimono-esque jacket. There was another strangely constructed "modern" shirt in there as well. I finally abandoned it until the very end of the commission, when I discovered a super simple wrap design. Not wanting to waste the fabric that I'd already cut to bits, I cranked this one out. Fastened with button from the client's stash and a hand knotted button loop.
It doesn't particularly go with any of the outfits, but is super cute with some of the antique wedding dress lace as a scarf, or vintage trim as a belt.
Kateme Mary, a VHT supported by Living Goods in Namavundu village in Mayuge district assesses her client's child. Her client, Saida Namuwooya says she has received immense support from Kateme since she was pregnant until she gave birth. Because of Kateme's routine check-ups, she was able to give birth at a health center. Among the services Kateme offers her clients is PNC and ANC services, encouraging new mothers to take children for immunization.
Client's profile: www.facebook.com/keili.arts
For work, commission or collaboration please reach out to: www.instagram.com/momento.r_/
I love doing a family session at client's home. Blogged here : bit.ly/RNPvis
Please DO NOT use this image.
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 beloved pet passed over the rainbow bridge.
I removed the bone from the bear claw and put some of his ashes inside the claw before putting the sterling bear cap on ...
I enjoy doing special pieces like this ...
Concepts based on a client's sketch for an LA-based athletic-wear company. First draft, having fun with type and color.
Client's profile: www.facebook.com/keili.arts
For work, commission or collaboration please reach out to: www.instagram.com/momento.r_/
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.
Promoción de primavera para client@s que están haciendo tratamientos faciales y/o corporales y desean ampliarlo.
La presoterapia está especialmente indicada para
- Eliminar líquidos
- Estimular la circulación de retorno venosa y linfática
- Atacar la celulitis, por su acción estimulante sobre la circulación venosa y linfática
ayuda a la movilización de nódulos.
- Aligerar las piernas cansadas
- Realizar drenajes linfáticos
- Activar la circulación sanguínea
- Solucionar inicios de problemas circulatorios
- Ayudar a descargar los músculos (especialmente indicado para deportistas)
- Mejora el trofismo de la piel, favorece la recuperación de la elasticidad cutánea
- Restablecer la normalidad de la zona expuesta a una operación de cirugía
estética, por su acción sobre la circulación
- Tener un gran efecto relajante por lo que son tratamientos agradables y nunca
dolorosos ni molestos.
- Tratar a las embarazadas siempre y cuando se les aplique sólo en las piernas.
My Home Health Client's Great Grand Nephews have a couple of Hermit Crabs as their new pets. Their parents bought the crabs where their shells are all meticulously hand painted at some Beach Store. The other Crab had Spider-man on him and didn't look as cool as this one which is...just in time for Football Season!!!
GO BUCS!!!:)
A view of client's master bath. I glazed the walls with a high gloss pearl paint. The focal point is the large, oval stainless steel tub and the round window. Yes, that's a fireplace at the end of the tub, T.V.s not in yet in this pic. Architect-Max Willig.
My client's original drawing alongside what we are building, having found architects elevations in the public archive.
Client's profile: www.facebook.com/keili.arts
For work, commission or collaboration please reach out to: www.instagram.com/momento.r_/
Maranello 24 October 2023
The wraps are off the new Ferrari One-Off designed to a client’s specifications
The SP-8 is an uncompromising thoroughbred roadster crafted on the F8 Spider architecture
It will be possible to admire the SP-8 at the Ferrari Finali Mondiali and later at the Ferrari Museum in Maranello
Maranello, 24 October 2023 – Ferrari today unveiled the latest addition to its One-Off series, the Ferrari SP-8. Part of the marque’s Special Projects programme and designed by the Flavio Manzoni-headed Ferrari Styling Centre, it is a mid-rear-engined V8 based on the F8 Spider from which it inherits its layout, chassis and engine. The SP-8 one-off joins the hallowed ranks of the most exclusive segment in the Ferrari range, unique cars crafted around individual clients’ specifications, with the result that they embody the very pinnacle of Prancing Horse customisation.
The car’s name celebrates its 3.9-litre V8 twin-turbo engine, one of the most critically-acclaimed power units in history and the winner of the prestigious Engine of the Year (IEOTY) award on four consecutive occasions. As the client that commissioned the SP-8 hails from Taiwan, the number 8 is also significant as it considered extremely lucky in Chinese culture, traditionally auguring success, good fortune and personal achievement.
The SP-8’s most unique feature is the fact that it has no roof, making it a thoroughbred two-seater roadster in every respect, underscoring its sporty character and the instantly exhilarating visual and en plein air driving experience it delivers. This solution demanded extensive refining of its aerodynamics through a combination of CFD simulations, wind tunnel testing and track testing to guarantee a standard of acoustic comfort and wind feeling comparable to the car that inspired it.
The car’s main styling theme centres around the way in which its volumes crossover and fuse into one another: the unpainted carbon-fibre front wraps around to the tail, creating a two-tone effect that creates a powerful contrast in terms of both colour and materials. The elimination of the retractable hard top allowed the designers to radically restyle the entire tail section, giving it a full volume with a taut belt line. The car’s volume is divided into two parts which are connected by a functional central area in matte black that includes the side air intakes with separate ducts for the intercoolers and engine. The upper section of this band incorporates a vent for the engine compartment with longitudinal elements that reference the lateral strakes typical of Ferraris of the past.
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.
Our client's BMC speedfox SF01 mountain bike in Black!
For 2015 models please visit our site at: www.wrenchscience.com/mountain/frames/BMC/speedfox+SF02+X...
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 REQUIREMENTS
Design graphics for an exhibition stand and a range of promotional materials for Royal Canin’s presence at the hugely popular Crufts event.
We also created this 12m billboard to stand outside the National Exhibition Centre in Birmingham, posters for display in all the toilet facilities plus large posters to line the walls of the walkway between the railway station and the venue.