UNCOMMON ORCHID PHOTOS

Terms/Conditions

*In this document, R. Lewis Hooten, Uncommon Images shall be referred to as RLH. Individuals (representing an organization or not) shall be referred to as the Client.

1. IN THIS AGREEMENT the term image includes photography, transparency, design, artwork, painting, digital image file or any other item which may be offered for reproduction. Reproduction would include any form of publication or copying of the whole or part of any image whether altered or not and whether by printing, photography, slide projection (whether to an audience or not), xerography, electronic or mechanical reproduction or storage (or for any use as artist’s reference or illustration, or in a layout or presentation)..

2. Images for licensing are provided on loan and no property or copyright in any image passes to the Client either on submission of the images or on the grant by RLH Uncommon Images or reproduction rights for any image..

3. No changes of the terms and conditions set out here will be effective unless agreed in writing by both parties. In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing, these Terms and Conditions shall prevail..

4. The invoice lists all of the images delivered to the Client using the image number as a unique reference. The images are presumed to have been received in good condition unless the Client notifies RLH Uncommon Images in writing of any discrepancy or error within 14 days of receipt..

5. Permission to reproduce an image applies only to the reproduction described in the invoice or license. In the event of unauthorized reproduction, the Client shall pay by way of liquidated damages to RLH an unauthorized use fee of $100 or double the standard reproduction fee for the use concerned, whichever is greater..

6. If RLH Uncommon Image’s invoice is not paid in full within 30 days of issue, RLH may charge interest on the overdue payment at 2.5% per month or part of a month..

7. Rights to reproduce an image granted by RLH Uncommon Images are personal to the Client and may not be assigned to any third party without RLH’s prior written consent..

8. The Client may not alter or add to or manipulate an image by means of computer or any other technique or reproduce an image in whole or in part as an element within, or as a montage with, another image without RLH’s written permission..

9. While RLH Uncommon Images has taken reasonable care to correctly identify, caption and orientate the images, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors. As much information as is available to RLH Uncommon Images detailing the identity of all plants and flowers is used to correctly label each image. Changes in botanical names for orchids are always in flux, and every effort is made to correct any miss-labeling that might occur. Older accepted and new names are both included when they are known..

10. Unless specified in writing, RLH makes no claim or warranty as to the existence or validity of connected therewith model or other releases in respect of the images or as regards the reproduction by the Client of any names or trademarks depicted in the images. It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained..

11. RLH does not permit “self-billing” by the Client and a license to reproduce is granted only when the full fee has been agreed to, invoiced by, and paid to RLH in accordance with condition above..

12. The Client will fully indemnify RLH against any unauthorized reproduction of an image submitted to the Client made by any third party as a result of or arising out of any breach by the Client of any of these Terms and Conditions (including but not by way of limitation the Client allowing an image or a copy thereof to come into the possession of a third party without RLH’s prior written consent.)