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The fifth workshop of the Asia edition of the ICC Advanced Arbitration Academy took place in Singapore on 28 June 2019.

The fifth workshop of the Asia edition of the ICC Advanced Arbitration Academy took place in Singapore on 28 June 2019.

Stock exchange for agricultural products

(Pictures you can see by clicking on the link at the end of the site!)

Vienna, 10 Tabor Road, stock exchange for agricultural products, 2008

Picture from 1900

The Attic inscriptions

The back side of the Great Mohrengasse

Interior, adapted as Odeon Theatre 2010

The market for agricultural products in Vienna, in short, Commodity Exchange, is a in 1869 founded produce exchange, without time bargain. It is located since 1890 in a 1887-1890 specifically created building in Tabor street in Vienna's Leopoldstadt.

During National Socialism in Austria (1938-1945) as well as because of market organisation act, from 1949 to 1994 the stock market possessed no power. With Austria's EU accession in 1995 the stock market was reactivated and resumed the function of the finding of the target price (Richtpreisfindung) for the Austrian market by the major market participants. Stock exchange listings are taking place on a weekly basis.

In addition, the Vienna Commodity Exchange has a tribunal that is responsible for all members and trading partners in the event of disputes.

History

Since 1812, the grain trade is a free business in Austria, therefore, therefore, corn a commodity. With the development of trade in 1853 arose the Viennese fruit and flour stock exchange. This was for the moment subordinated under the Vienna Magistrate and was only on 24 June 1869 independent. This was the birth year of the Vienna Commodity Exchange. Whose trade for the moment took place in the café Commodity Exchanges in Vienna's Leopoldstadt (2nd district). With the increase of trading volume and the trading participants, the construction of a separate stock exchange building was decided. The contract for this got in 1887 the architect Karl König, who built the Stock Exchange building in Tabor street, near the café in the Neo-Renaissance style. The completion and the start of trading took place on 23 August, 1890. In Latin letters the motto of the stock market was walled in: in usum negotiatorum cuiuscumque Nationis ac linguae ("the merchants of all nations and all languages ​​dedicated").

Until the First World War, the Stock Exchange was the most important market for agricultural products of the Austro-Hungarian monarchy. After its demise, and the years of inflation, stock exchange trading experienced a large decline, of which the stock market not recovered until the mid-20s.

In 1938, after the annexation of Austria to Germany, the stock market was closed. During the Second World War, the stock market was hit in air raids on Vienna, the trading hall burned down . After the war was began with the rebuilding. On 10 November 1948 followed the reconstitution of the Stock Exchange Chamber and on Wednesday, the 29th July 1949, the first stock exchange meeting was held in Taborstraße in the repaired stock exchange building. The stock market was now, however, because of market regulation law determining the fixing of prices by the social partnership largely meaningless. It merely served as a weekly meeting place of key market participants. From the 1980s on, the great hall was used by the Odeon Theatre.

With the accession of Austria to the EU market in 1995, the Market Organsation Act had to be abrogated. The Commodity Exchange sat together again and took up again its function as place of target price finding of the key market participants.

The Vienna Commodity Exchange was decisively involved in the making of a unified Italian-Austrian-German model agreement for the grain trade.

Stock exchange dealing

Merchandises

Actual trading does not take place at the Produce Exchange. However, there are business transactions from a certain minium dimension for the purpose of target price finding of the traded commodities - depending on traded good, differently high, as a rule, not less than 100 tons - recorded. The exchange traffic includes substantially all in the region grown agricultural raw materials and semi-finished products which are used for human and animal consumption. Excluded from the exchange traffic are forestry products, spices, herbs as well as raw materials serving for the production of fabrics and spun yarns, such as jute. Also excluded are almost all "colonial goods", ie sugar, coffee, tea, chocolate, cocoa, and the like.

Trade practices

As binding basis of the in business occurring terms, business conditions, deadlines, settlement procedures and trade practices are serving the practices of the stock exchange for agricultural products Vienna. They should prevent misunderstandings and misinterpretations and thus facilitate domestic and international trade.

In addition, special provisions specify what requirements quality or brand denominations must fulfill - such as, "quality" or "Premium Wheat".

Quotation

The quotations occure ​​on the basis of actual having taken place trade, hence, without contracts such as options and futures, which are not traded in Vienna, once a week on Wednesday at 13.30 clock. For assessment used are only large trades from a certain minimum quantity at wholesale price. Fixed are the prices ultimately by the Price Determination Commission, which is under the supervision of the Exchange Commissioner. The publication of the prices takes place in the official list.

Organs

Exchange Chamber

The management of the stock exchange for agricultural products behooves the chamber of the market for agricultural products in Vienna. This is composed of 30 stock exchange councilors called members, who are elected or appointed for a term of four years. They are appointed in equal numbers by the Ministry of Agriculture from by the Austrian Chambers of Agriculture proposed persons. More, in all, three members are appointed by the Chambers of Agriculture of Vienna, Lower Austria and Burgenland. The remaining 17 members are elected by the stock exchange members six of which must be coming from the milling industry or the milling craft, one from the flour processing industry or sector, six from the grain trade. The other four may belong to other professional groups participating in the exchange market. A further condition on the 30 trading councils is, that at least half of them reside in Vienna.

Out of the stock exchange councils, as well for four years are elected a governing body, the executive of the stock exchange plus the chairman of the stock exchange with his three vice-presidents and the treasurer.

As supervising organ acts the commissioner of the stock exchange with his two deputies, which are provided by the Ministry of Agriculture and Ministry of Economy.

Also appointed by the stock exchange chamber are the four-member panel of arbitrators and the three-member college of experts.

Former Presidents of the Exchange Chamber:

1869-1872: Konstantin Dora

1872-1875: Roman Uhl

1876-1894: Wilhelm Naschauer

1895-1916: Paul Ritter von Schoeller

1917-1925: Fritz Mendl

1926-1928: Hugo Hauser

1929-1931: Hermann Reif

1932-1933: Jakob Handl

1934-1938: Josef Zwetzbacher

1948-1958: Josef Rupp

1959-1963: Alfred Fromm

1963-1976: Leopold Holzschuh

1976-1977: Hermann Grün

1978-1993: Ernst Polsterer

1994-1997: Kurt Engleitner

since 1998: Rudolf Kunisch

Arbitration

Members of the Exchange are legally bound by the trade practices. These fixe also the recognition of the Arbitration Court of the Vienna Stock Exchange for agricultural products as competent tribunal in the event of disputes or disagreements. This is not bound by procedural requirements of the ordinary courts, and therefore against judgments of the tribunal also can not be appealed. The procedures usually last less than a month and the sayings of the tribunal on the Vienna Stock Exchange are, in contrast to many other European stock exchanges, immediately enforceable executory titles.

de.wikipedia.org/wiki/B%C3%B6rse_f%C3%BCr_landwirtschaftl...

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

www.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.

Ian has been a member of the Rotary Club of Central Blue Mountains since 2003 and has served in many Club positions, including President 2006-2007. He is currently the Secretary, Facebook page manager and webmaster. Ian has served District 9690 on the Family of Rotary Committee, was District Trainer from 2009 to 2012/13 and Club Representative for the Committee of the Association. He was also an Assistant Governor for the Blue Mountains Zone. Ian is a charter faculty member of the Rotary Leadership Institute in District 9690. Trained as a facilitator and mediator, he has facilitated at the 2010 Australian Rotary Conference in Canberra, the 2010 D9690 Membership Seminar, and has designed the facilitation for the 2012 Australian Rotary Success Conference.

 

Ian has served in the Royal Australian Air Force full time and in the reserve since 1968, firstly as a radio technician and then as a navigator, mainly on transport aircraft. He has held command at all levels, including Commanding Officer of Number 37 Squadron, Officer Commanding Number 84 Wing and Commander of the Air Lift Group at RAAF Richmond. Along the way he managed to acquire an MBA and a Masters of Arts in Strategic Studies. He retired with the rank of Air Commodore in 2005 from the position of Chief of Staff at Headquarters Air Command. He was made a Member of the Order of Australia (AM) in 1996 for his service at 37 Squadron.

 

Ian is involved with a number of ex-Service organisations, including the Defence Force Welfare Association, the Blue Mountains Branch of the Australian National Servicemen’s Association (of which he is patron), and the Remembrance Driveway Committee for the Hume Highway between Sydney and Canberra.

 

He is married to PDG Jennifer, who is a senior lawyer involved in alternate dispute resolution as an arbitrator and mediator, as well as being a board member of a number of Rotary Boards. PDG Jennifer is involved in Rotary at all levels, including delivering district, national and international training. Ian and Jennifer are Paul Harris Society members, Bequest members and Major Donors. They have two adult daughters; Gillian is married to Simon and has three terrific children, and Claire is a young diplomat who has just returned from her first post in Fiji. Both girls have been involved in various Rotary sponsored New Generations programs, including PACE, YEP, RYPEN and Rotaract.

 

Ian’s other interests include the grandkids (again), travel, scuba diving, flying, listening to music and bush walking.

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

www.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

www.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

www.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.

The fifth workshop of the Asia edition of the ICC Advanced Arbitration Academy took place in Singapore on 28 June 2019.

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

www.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.

On 3 April 2019, Paris Arbitration Week participants saw the launch of the newly released report from the ICC Commission on Arbitration and ADR, which provides guidance to users, counsel and arbitrators on emergency arbitrator proceedings.

On 6 May 2018, the ICC Institute of World Business Law held an advanced-level training on the assessment of damages by arbitrators.

كانت المسابقة الجهوية النهائية بطنجة،

مسابقة للطيور طبعا

(أكثرت عليكم من الطيور هذه الأيام ^_^)

عبد الحق زهويلي، رئيس الجامعة المغربية لعلم الطيور،

بجانبه الأستاذ الشاط، الحاصل على الرتبة الأولى، وقد درسني الفزياء بالكلية :)

التحكيم كان على يد حكمين دوليين من طرف الجامعة الإسبانية لعلم الطيور.

 

-------

Final regional competition of Goldfinch & hybrids, Tangier.

"Abdelhak Zahouili", president of Moroccan Ornithological Federation.

Two arbitrators are from Spanish Ornithological Federation.

And me, the winner ^_* (winner of nothing hahahaa)

The fifth workshop of the Asia edition of the ICC Advanced Arbitration Academy took place in Singapore on 28 June 2019.

A joint social event by ICC YAF, CFA40 and PVYAP saw the young arbitration community in Paris come together for an exceptional evening of networking on a cruise boat along the Seine.

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

www.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.

The fifth workshop of the Asia edition of the ICC Advanced Arbitration Academy took place in Singapore on 28 June 2019.

A joint social event by ICC YAF, CFA40 and PVYAP saw the young arbitration community in Paris come together for an exceptional evening of networking on a cruise boat along the Seine.

On July 21, the BCCK co-hosted the Breakfast Workshop with SingCham Korea on legal perspectives: dispute resolution in Korea at the Four Seasons Hotel Seoul. The Breakfast provided an overview and comparison of litigation and arbitration, third party funding, and dispute resolution strategies in South Korea. A keynote speech was given by Lucy Reed, a President of Singapore International Arbitration Center (SIAC) Court of Arbitration, and an Independent Arbitrator at Arbitration Chambers in New York.

 

John Kim, a Senior Foreign Partner in the Finance Practice Group at Shin & Kim started the presentation by comparing litigation and arbitration and he described the structure of litigation in South Korean Courts. Following his presentation, Arie C. Eernisse, a foreign partner, who specializes in international arbitration presented arbitration agreement providing the example of SIAC model clause and recommended applicable law clause, and an anatomy of an arbitration.

 

Andrew Raymond, a Senior Associate at Herbert Smith Freehills, delivered the definition of Third Party Funding and its consequences, advantages, and disadvantages. He then provided key considerations for different countries and commented on the trends and future of third party funding.

 

Lastly, Kevin Kim, a Senior Partner from Peter & Kim gave a step by step guide to strategies for arbitration, aka winning recipe. He talked about knowing the judge, being familiar with the facts, understanding cultural differences, and spending time with the case, maintaining a high moral standard, and distinguishing which lawyer to work with.

 

Reina Chan, Director of Strategic Business Development at SingCham Korea moderated this event.

 

The Breakfast Workshop was held in the presence of speakers and more than 50 guests.

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

www.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

www.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.

On 3 April 2019, Paris Arbitration Week participants saw the launch of the newly released report from the ICC Commission on Arbitration and ADR, which provides guidance to users, counsel and arbitrators on emergency arbitrator proceedings.

The fifth workshop of the Asia edition of the ICC Advanced Arbitration Academy took place in Singapore on 28 June 2019.

The fifth workshop of the Asia edition of the ICC Advanced Arbitration Academy took place in Singapore on 28 June 2019.

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

www.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.

On 6 May 2018, the ICC Institute of World Business Law held an advanced-level training on the assessment of damages by arbitrators.

On 3 April 2019, Paris Arbitration Week participants saw the launch of the newly released report from the ICC Commission on Arbitration and ADR, which provides guidance to users, counsel and arbitrators on emergency arbitrator proceedings.

9th Annual AFSCME NM Public Safety Blue Breakfast - January 25, 2018

 

"Ready for the fight: AFSCME is the way!" 9th annual AFSCME New Mexico Public Safety Blue Breakfast and Lobby Day brings together our brothers and sisters from New Mexico public safety locals to share, hear from one another, and national experts on our career issues, and take action at the legislature to improve New Mexico.

 

"Ready for the Fight: AFSCME is the Way!"

 

Attend this dynamic event, hear from leading voices in our field, lobby state legislators and local elected leaders in support of legislation and budgets that value the importance of our work.

 

This year's theme is, "Ready for the fight: AFSCME is the way!"

 

Whether it is fighting to ensure we have proper equipment, staffing, enforced policies that protect us, or competitive pay and benefits, AFSCME is our voice, leading the struggle and galvanizing our victories.

  

2018 Presentations:

 

Using Evidence to Prevail in Arbitration:

T. Zane Reeves, Regent Professor Public Administration, UNM & Member, National Academy of Arbitrators

 

National Cases Defending Member Rights

Ed Fishman, Administrator of the Legal Defense Plan

 

Impact of Federal Legislation on New Mexico Public Safety

Mike Messina, AFSCME International

 

Understanding Prison Gang Activity in New Mexico

Mark Myers, Chief of Staff NMCD Retired

 

Panel Discussion: Unions Making Public Safety Careers Safer

AFSCME New Mexico Local Members

 

....and much more!

 

AFSCME puts safety first, ALWAYS!

###

PCs pledge to scrap NDP’s job-killing First Contract Arbitration

 

Baillie: time to create jobs, not chase them away

 

September 25, 2013

 

For immediate release

 

HALIFAX, NS – A Progressive Conservative government will scrap the NDP’s job-killing First Contract Arbitration law. The Liberals will not.

 

Progressive Conservative leader Jamie Baillie renewed his commitment to scrap the NDP’s unfair labour legislation outside Egg Films, a Halifax film production company.

 

First Contract Arbitration is an anti-employer law passed by the NDP that lets an arbitrator appointed by the government impose a collective agreement on a newly unionized employer, even if the company cannot afford it. The legislation has been called “anti-business” and “totally unnecessary.”

 

“A PC government is focused on helping small business create jobs. This law chases employers away by giving a third party the power to tell them how to run their business,” Baillie said.

 

The McNeil Liberals won’t repeal the one-sided labour law. The Liberals also won’t lower taxes or freeze power rates to help small businesses get ahead.

 

Last week, the Nova Scotia Labour Board used this law to impose an expensive first contract on Egg Films. The small, independent film company in Halifax was recently unionized by film and theatre union IATSE, Local 849. The company was ordered to pay its freelance crew wages that even exceeded wage rates in Toronto for similar work.

 

“This law makes it difficult for us to operate in Nova Scotia,” said Mike Hachey, co-owner of Egg Films. “It allows a union to present a wage proposal that it knows the employer can't afford or accept so that they can ask for an agreement to be imposed. That's what happened to us.”

 

Baillie noted that Egg employs creative, highly skilled people who should be encouraged to stay to build a life in our province, not driven away.

 

During review of first contract at the Legislature’s Law Amendments Committee, major employers such as Michelin, Sobeys and Clearwater joined in opposition to the law, arguing it created an economic disincentive to invest in the province.

 

A PC government will help small businesses prosper and create jobs by creating a tax-free zone for small businesses and freezing power rates.

 

-30-

 

Found near a Burger King cash register in Alpharetta, Georgia USA. These

economic arbitrators can be found in many small retail locations which

primarily deal in small (under $5) cash purchases. Gas stations, for

example.

9th Annual AFSCME NM Public Safety Blue Breakfast - January 25, 2018

 

"Ready for the fight: AFSCME is the way!" 9th annual AFSCME New Mexico Public Safety Blue Breakfast and Lobby Day brings together our brothers and sisters from New Mexico public safety locals to share, hear from one another, and national experts on our career issues, and take action at the legislature to improve New Mexico.

 

"Ready for the Fight: AFSCME is the Way!"

 

Attend this dynamic event, hear from leading voices in our field, lobby state legislators and local elected leaders in support of legislation and budgets that value the importance of our work.

 

This year's theme is, "Ready for the fight: AFSCME is the way!"

 

Whether it is fighting to ensure we have proper equipment, staffing, enforced policies that protect us, or competitive pay and benefits, AFSCME is our voice, leading the struggle and galvanizing our victories.

  

2018 Presentations:

 

Using Evidence to Prevail in Arbitration:

T. Zane Reeves, Regent Professor Public Administration, UNM & Member, National Academy of Arbitrators

 

National Cases Defending Member Rights

Ed Fishman, Administrator of the Legal Defense Plan

 

Impact of Federal Legislation on New Mexico Public Safety

Mike Messina, AFSCME International

 

Understanding Prison Gang Activity in New Mexico

Mark Myers, Chief of Staff NMCD Retired

 

Panel Discussion: Unions Making Public Safety Careers Safer

AFSCME New Mexico Local Members

 

....and much more!

 

AFSCME puts safety first, ALWAYS!

###

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

www.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.

The fifth workshop of the Asia edition of the ICC Advanced Arbitration Academy took place in Singapore on 28 June 2019.

The fifth workshop of the Asia edition of the ICC Advanced Arbitration Academy took place in Singapore on 28 June 2019.

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

www.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

www.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.

7/27/08--Washington, DC -- Portrait of .

 

Photo by Chris Usher

www.chrisusher.com

  

Terms & Conditions

[1] DEFINITIONS:

"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 selects, 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 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. “Photographer” is Chris Usher/Chris Usher Photography. Photographer’s relationship with client is that of an independent contractor. Photographer is the sole creator of the Image(s). “Client” is Haymarket Media Group and includes client, client’s representatives and/or the end user (Merkle, Inc.). "Original[s]" are original photographic transparency or film negative. “Duplicate(s)” are photographic transparency or film negatives made from originals.

[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 English language only 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.

Client agrees 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 tear sheet, 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.

Images may contain copyright and other information embedded in the header of the image 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.

[3]RETURN OF IMAGES: Client assumes all risk for the Image(s) supplied by Photographer to Client, from the time of Client’s receipt, to the time of the safe return receipt of the Image(s) to the possession and control of Photographer. If no return date appears on the front of this Agreement or on any related delivery memo, Client shall return all Image(s) in undamaged, unaltered and un-retouched condition within 30 days after the first publication or use of the Image(s), whichever occurs first.

Client agrees to destroy all images within one week of reproduction. If the images were sent on digital media, all such material must be returned in undamaged condition within 30 days of receipt.

Reimbursement for loss or damage of each image shall be in the amount of Two Hundred Dollars ($200).

[4]LOSS OR DAMAGE: IN CASE OF LOSS OR DAMAGE OF ANY ORIGINAL(S), Client and Photographer agree that the reasonable value of each Original is Two Thousand Five Hundred Dollars ($2500). Client agrees to pay Photographer $2500 for each lost or damaged Original and Photographer agrees to limit Photographer’s claim to that amount without regard to the actual value of such Original. Photographer and Client agree that said amount represents the fair and reasonable value of each item, and that Photographer would not sell all rights to such item for less than said amount. Client understands that each Original is unique and does not have an exact duplicate, and may be impossible to replace or re-create. Client also 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. Reimbursement for loss or damage of each Duplicate shall be in the amount of Two Hundred Dollars ($200). Photographer and Client agree that said amounts represent the fair and reasonable value of each item, and that Photographer would not sell all rights to such item for less than said amount.

[5] PHOTO CREDIT: All published usages of Images will be accompanied by written credit to Photographer or copyright notice. Credit line must adhere to one of the following formats:

Photo(s) by Chris Usher © 2008 Chris Usher Photography. All Rights Reserved.

If no placement of a credit or copyright notice is specified elsewhere in this document, 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 will not 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 of Originals unless specifically permitted on the reverse side of this Agreement with the exception of cropping and alterations of contrast, brightness, and color balance, for purposes consistent with reproduction.

[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 Alexandria, VA, under rules of the American Arbitration Association and the laws of the Commonwealth of Virginia; 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 Alexandria, VA under the laws of the United States and/or of the Commonwealth of Virginia.

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 1 1/2 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 of invoice.

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.

[15] PAYMENT AND COLLECTION TERMS: Invoices from Photographer are payable upon receipt. The unpaid amount of any invoice, within 10 days of the mailing date of the invoice, will incur a rebilling fee of not less than Twenty Five percent of the remaining balance due. In any action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover their actual attorney’s fees, court costs and all other non-reimbursable litigation expenses such as expert witness fees and investigation expenses. No lawsuits pertaining to any matter arising under or growing out of this Agreement shall be instituted in any place other than Alexandria, Virginia.

  

The fifth workshop of the Asia edition of the ICC Advanced Arbitration Academy took place in Singapore on 28 June 2019.

On 3 April 2019, Paris Arbitration Week participants saw the launch of the newly released report from the ICC Commission on Arbitration and ADR, which provides guidance to users, counsel and arbitrators on emergency arbitrator proceedings.

لاتنسوا دعم الشارع لمرسي .SUNDAY, SEPTEMBER 30, 2012

 

Mursi between international acceptance and among Islamic reference.

 

President Mursi humanly and regardless of their religion Islamic man loved by all to the extent that his opponents also love him .. Authorized man acceptable, also see him internally that sort Fund ie it elected by the people internally .. but talk comes through the reservation world and this explained Finally, through the recent events to the effects of the film offending Islam and president's remarks Mursi and interview those statements universally kind of fear of what is brought by the growth of the Islamic movement states revolutions Arab Spring .. and here we say when he met the clergy world-wide meeting on the background of so-called dialogue of religions and resulted from the results met the audience attic a peaceful coexistence between countries of the world and respect for religions of peoples to each other without exposure to the rituals of one of one of the rituals and worship different peoples for worship others .. no freedom of beliefs .. and if it was said by the West to designate religious extremism or terrorism فمردود it also within the West itself and what happened from the events in Norway to address Christian man to kill more than seventy spirit and Nbaraih Court has reasons of that psychopath this unfortunate very unfortunate in what logic and any custom Away law be Nbaraih man killed more than seventy spirit innocent without his fault Aogerm do that heinous crime in the other Nbaraih arbitrator .. I want to say and the other as they call our Egyptian vernacular that such phenomena exist in all countries of the world and Aacol because he linked CONNECT religion Aoaqidh or religion As I said before and I as a Muslim I condemn what happened Balnroih and affected so heavily influenced by a human being regardless of belief or to convert to a religion never but ماأريد to say is that religion is for God and the world for all without link up or contraindications Hrasah a Mainade by Islam Kmatkd religion and land are all human beings live faithful cooperation and love for architecture to land Mainade expe President Mohamed Morsi, which his reference Islamic counted for him to not take attic man Friendly and loving in all his speeches find that the feelings of humanity flowing from verbal lying nascent peace for everyone and fear stemming from the phenomenon of phobias Islam must fall back in the presence of Mercy as head of the largest Muslim country in the Middle East and that his hand only Labida contain bogeyman Iran to the West .. only one who can contain genie Iranian and lured him pretext of love in Islam and is the specter of war and Nazeera for the world should be to the world and particularly the State of America to extend the fledgling with confidence and love of President Meyers and dealing with the treatment of a friend and ally and away from the manifestations of apathy Egyptian-American relationship for the benefit of the world.

 

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

www.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.

7/27/08--Washington, DC -- Portrait of .

 

Photo by Chris Usher

www.chrisusher.com

  

Terms & Conditions

[1] DEFINITIONS:

"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 selects, 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 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. “Photographer” is Chris Usher/Chris Usher Photography. Photographer’s relationship with client is that of an independent contractor. Photographer is the sole creator of the Image(s). “Client” is Haymarket Media Group and includes client, client’s representatives and/or the end user (Merkle, Inc.). "Original[s]" are original photographic transparency or film negative. “Duplicate(s)” are photographic transparency or film negatives made from originals.

[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 English language only 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.

Client agrees 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 tear sheet, 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.

Images may contain copyright and other information embedded in the header of the image 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.

[3]RETURN OF IMAGES: Client assumes all risk for the Image(s) supplied by Photographer to Client, from the time of Client’s receipt, to the time of the safe return receipt of the Image(s) to the possession and control of Photographer. If no return date appears on the front of this Agreement or on any related delivery memo, Client shall return all Image(s) in undamaged, unaltered and un-retouched condition within 30 days after the first publication or use of the Image(s), whichever occurs first.

Client agrees to destroy all images within one week of reproduction. If the images were sent on digital media, all such material must be returned in undamaged condition within 30 days of receipt.

Reimbursement for loss or damage of each image shall be in the amount of Two Hundred Dollars ($200).

[4]LOSS OR DAMAGE: IN CASE OF LOSS OR DAMAGE OF ANY ORIGINAL(S), Client and Photographer agree that the reasonable value of each Original is Two Thousand Five Hundred Dollars ($2500). Client agrees to pay Photographer $2500 for each lost or damaged Original and Photographer agrees to limit Photographer’s claim to that amount without regard to the actual value of such Original. Photographer and Client agree that said amount represents the fair and reasonable value of each item, and that Photographer would not sell all rights to such item for less than said amount. Client understands that each Original is unique and does not have an exact duplicate, and may be impossible to replace or re-create. Client also 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. Reimbursement for loss or damage of each Duplicate shall be in the amount of Two Hundred Dollars ($200). Photographer and Client agree that said amounts represent the fair and reasonable value of each item, and that Photographer would not sell all rights to such item for less than said amount.

[5] PHOTO CREDIT: All published usages of Images will be accompanied by written credit to Photographer or copyright notice. Credit line must adhere to one of the following formats:

Photo(s) by Chris Usher © 2008 Chris Usher Photography. All Rights Reserved.

If no placement of a credit or copyright notice is specified elsewhere in this document, 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 will not 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 of Originals unless specifically permitted on the reverse side of this Agreement with the exception of cropping and alterations of contrast, brightness, and color balance, for purposes consistent with reproduction.

[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 Alexandria, VA, under rules of the American Arbitration Association and the laws of the Commonwealth of Virginia; 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 Alexandria, VA under the laws of the United States and/or of the Commonwealth of Virginia.

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 1 1/2 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 of invoice.

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.

[15] PAYMENT AND COLLECTION TERMS: Invoices from Photographer are payable upon receipt. The unpaid amount of any invoice, within 10 days of the mailing date of the invoice, will incur a rebilling fee of not less than Twenty Five percent of the remaining balance due. In any action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover their actual attorney’s fees, court costs and all other non-reimbursable litigation expenses such as expert witness fees and investigation expenses. No lawsuits pertaining to any matter arising under or growing out of this Agreement shall be instituted in any place other than Alexandria, Virginia.

  

Linda A. Klein, managing shareholder in the Georgia offices of Baker, Donelson, Bearman, Caldwell & Berkowitz, was honored with the 2015 Distinguished Service Award, presented by the State Bar of Georgia during its Annual Meeting on June 20.

 

Klein, the current president-elect of the American Bar Association (ABA), was honored for her record of accomplishments and leadership within the legal profession at both the state and national levels. In 1997, she was elected as the first woman to serve as president of the State Bar of Georgia. She received the award from current State Bar President Patrise M. Perkins-Hooker, who is the third woman to serve in that office.

 

Klein’s prior ABA leadership activities have included service as chair of the Tort Trial and Insurance Practice Section, chair of the Committee on Rules and Calendar of the House of Delegates, chair of the Coalition for Justice, chair of the ABA Day congressional outreach effort, member of the Council of the ABA Section of International Law and member of the Board of Editors of the Law Practice Management magazine. From 2010 through 2012, she served as chair of the ABA House of Delegates.

 

During her service as a State Bar officer, Klein worked with legal services providers and community organizations to successfully lobby the Georgia General Assembly for a first-ever state appropriation of funding for legal services, in response to federal cuts that threatened to disproportionately affect victims of domestic violence. Klein also served on Georgia’s Judicial Nominating Commission during her term as State Bar president.

 

In 2004, the ABA honored Klein with the prestigious Margaret Brent Achievement Award, and she received the 2009 Randolph Thrower Lifetime Achievement Award and 2011 Chief Justice Thomas O. Marshall Professionalism Award from the State Bar of Georgia and the first Lifetime Achievement Award from The Daily Report in 2015 and was named a “Champion for Justice” by the Georgia Legal Services Program in 2013.

 

Klein focuses her law practice on business dispute resolution, including contract law, construction law, employment law and professional liability. She is a member of the American Law Institute and a mediator and arbitrator, frequently serving as a neutral as well as a client advocate. She has authored numerous published works and has lectured throughout the southeastern U.S. as well as in Canada, France, Spain and Sweden.

 

The Distinguished Service Award is the highest accolade bestowed on an individual member of the State Bar of Georgia. The honor recognizes “conspicuous service to the cause of jurisprudence and to the advancement of the legal profession in the state of Georgia.”

 

The pub closed due to an unsustainable rent review. After three years' through courts and 'industry expert' hands and arbitration rent went up in 2008 from £54K to £65K against the rise to £96K that S&NPC were after, saying they believed the pub 'could comfortably afford that increase' if it were managed by 'a reasonably competent operator'. The wisdom of the Arbitrator led to ONLY a 20% increase as the world went into financial meltdown and left us owing the pubco an immediately payable bill for back rent and legal fees of £165K.

 

This whole shambles is typical of what is rolling out against pubs all over the UK as Pub Companies raise rents and beer prices so they can pay off gargantuan debts they raised against their 'assets and future income' (£billions) in acts act of Private Equity greed identical to banks' disgraceful behaviour. Here's CAMRA's video about the big pubcos and the beer tie which leads to pub closures all over the UK: bit.ly/RWoBQu

7/27/08--Washington, DC -- Portrait of .

 

Photo by Chris Usher

www.chrisusher.com

  

Terms & Conditions

[1] DEFINITIONS:

"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 selects, 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 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. “Photographer” is Chris Usher/Chris Usher Photography. Photographer’s relationship with client is that of an independent contractor. Photographer is the sole creator of the Image(s). “Client” is Haymarket Media Group and includes client, client’s representatives and/or the end user (Merkle, Inc.). "Original[s]" are original photographic transparency or film negative. “Duplicate(s)” are photographic transparency or film negatives made from originals.

[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 English language only 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.

Client agrees 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 tear sheet, 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.

Images may contain copyright and other information embedded in the header of the image 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.

[3]RETURN OF IMAGES: Client assumes all risk for the Image(s) supplied by Photographer to Client, from the time of Client’s receipt, to the time of the safe return receipt of the Image(s) to the possession and control of Photographer. If no return date appears on the front of this Agreement or on any related delivery memo, Client shall return all Image(s) in undamaged, unaltered and un-retouched condition within 30 days after the first publication or use of the Image(s), whichever occurs first.

Client agrees to destroy all images within one week of reproduction. If the images were sent on digital media, all such material must be returned in undamaged condition within 30 days of receipt.

Reimbursement for loss or damage of each image shall be in the amount of Two Hundred Dollars ($200).

[4]LOSS OR DAMAGE: IN CASE OF LOSS OR DAMAGE OF ANY ORIGINAL(S), Client and Photographer agree that the reasonable value of each Original is Two Thousand Five Hundred Dollars ($2500). Client agrees to pay Photographer $2500 for each lost or damaged Original and Photographer agrees to limit Photographer’s claim to that amount without regard to the actual value of such Original. Photographer and Client agree that said amount represents the fair and reasonable value of each item, and that Photographer would not sell all rights to such item for less than said amount. Client understands that each Original is unique and does not have an exact duplicate, and may be impossible to replace or re-create. Client also 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. Reimbursement for loss or damage of each Duplicate shall be in the amount of Two Hundred Dollars ($200). Photographer and Client agree that said amounts represent the fair and reasonable value of each item, and that Photographer would not sell all rights to such item for less than said amount.

[5] PHOTO CREDIT: All published usages of Images will be accompanied by written credit to Photographer or copyright notice. Credit line must adhere to one of the following formats:

Photo(s) by Chris Usher © 2008 Chris Usher Photography. All Rights Reserved.

If no placement of a credit or copyright notice is specified elsewhere in this document, 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 will not 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 of Originals unless specifically permitted on the reverse side of this Agreement with the exception of cropping and alterations of contrast, brightness, and color balance, for purposes consistent with reproduction.

[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 Alexandria, VA, under rules of the American Arbitration Association and the laws of the Commonwealth of Virginia; 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 Alexandria, VA under the laws of the United States and/or of the Commonwealth of Virginia.

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 1 1/2 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 of invoice.

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.

[15] PAYMENT AND COLLECTION TERMS: Invoices from Photographer are payable upon receipt. The unpaid amount of any invoice, within 10 days of the mailing date of the invoice, will incur a rebilling fee of not less than Twenty Five percent of the remaining balance due. In any action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover their actual attorney’s fees, court costs and all other non-reimbursable litigation expenses such as expert witness fees and investigation expenses. No lawsuits pertaining to any matter arising under or growing out of this Agreement shall be instituted in any place other than Alexandria, Virginia.

  

"Acrocorinth (Greek: Ακροκόρινθος), 'Upper Corinth', the acropolis of ancient Corinth, is a monolithic rock overseeing the ancient city of Corinth, Greece. 'It is the most impressive of the acropoleis of mainland Greece,' in the estimation of George Forrest. Acrocorinth was continuously occupied from archaic times to the early 19th century. Along with Demetrias and Chalcis, the Acrocorinth during the Hellenistic period formed one of the so-called 'Fetters of Greece' – three fortresses garrisoned by the Macedonians to secure their control of the Greek city-states. The city's archaic acropolis, already an easily defensible position due to its geomorphology, was further heavily fortified during the Byzantine Empire as it became the seat of the strategos of the thema of Hellas and later of the Peloponnese. It was defended against the Crusaders for three years by Leo Sgouros.

 

"Afterwards it became a fortress of the Frankish Principality of Achaea, the Venetians and the Ottoman Turks. With its secure water supply, Acrocorinth's fortress was used as the last line of defence in southern Greece because it commanded the Isthmus of Corinth, repelling foes from entry into the Peloponnese peninsula. Three circuit walls formed the man-made defence of the hill. The highest peak on the site was home to a temple to Aphrodite which was converted to a church, and then became a mosque. The American School's Corinth Excavations began excavations on it in 1929. Currently, Acrocorinth is one of the most important medieval castle sites of Greece.

 

"In a Corinthian myth related in the 2nd century CE to Pausanias, Briareus, one of the Hecatonchires, was the arbitrator in a dispute between Poseidon and Helios, between the sea and the sun: his verdict was that the Isthmus of Corinth belonged to Poseidon and the acropolis of Corinth (Acrocorinth) to Helios."

 

Source: Wikipedia

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