Terms and Conditions of Digital Delivery of Stock Photography
Deborah Kunzie - Wildlife Photographer
Denise Wheatley - Wildlife Photographer

Title in the copyright to all images created or supplied pursuant to this agreement will remain the sole and exclusive property of the photographer. There is no assignment of copyright title, agreement to do work for hire, or intention of joint copyright expressed or implied hereunder. The client is licensed only by subsequent written license on an invoice.

Proper credit, which reads Deborah Kunzie/www.deborahkunzie.com or Denise Whealtley/www.denisewheatley.com must be displayed next to photograph.

Omission of required notice results in loss to the licenser and will be billed at double the invoiced fee.

One-time, non-exclusive use is standard unless otherwise requested and agreed to. Rates for any usage must be negotiated before publication. No electronic rights are granted without additional usage fees.

Your acceptance of this delivery constitutes your acceptance of all terms and conditions of this memo.

Terms and Conditions for Stock Photography Delivery Memo
[1] "Image(s)" means all viewable renditions furnished by Photographer hereunder, whether captured or stored in photographic, magnetic, optical, digital or any other medium whatsoever.

[2] Submission is for examination only. Images may not be reproduced, copied, projected, or used in any way without (a) express written permission on Photographer’s invoice stating the rights granted and the terms thereof and (b) payment of said invoice. The reasonable and stipulated fee for any other use shall be three times Photographer’s normal fee for such usage.

[3] All Images and rights therein, including copyright, remain the sole and exclusive property of Photographer. Unless otherwise provided herein, any grant of rights is limited to (1) year from the date hereof and to the territory of the United States.

[5] Photographer shall receive credit for Images as specified on the face hereof unless no placement is specified.

[6] (A) 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. or

(B) Client may 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, except that cropping, and alterations of contrast, brightness and color balance, consistent with reproduction needs may be made.

[8] Client may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and insures to the benefit of Photographer, Client, Client’s principals, employees, agents and affiliates, and their respective, 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 of 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, oral authorizations for fees or expenses which could not be confirmed in writing because of insufficient time of shooting. This agreement incorporates by reference Article 2 of the Uniform Commercial Code, and the Copyright act of 1976, as amended.

[11] Except as provided in (12) below, any dispute regarding this agreement shall be, at Photographer’s sole discretion, either (1) arbitrated in Clearwater, Florida under the rules of the American Arbitration Association and the laws of Florida. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $2100 or less may be submitted without arbitration to any court having jurisdiction thereof. Client shall pay all arbitration and court costs, Photographer’s reasonable legal fees, and expenses, and legal interest on any award or judgment in the event of any award or judgment in favor of Photographer. Or (2) adjudicated in Clearwater Florida under the law of Florida. Client shall pay all court costs, Photographer’s reasonable legal fees, and expenses and legal interest on any award or judgment in the event of any award of judgment in favor of the Photographer.

[12] 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, and the Digital Millennium Copyright Act.