Data base

Any extraction or use of our data base is strictly forbidden beside the use of our web site.

Agreement for the Lending and Rental of Photographs with Assignment of Copyright General Conditions

I - Preamble - Definitions

I.1) Pursuant to the terms of this Agreement, the notion of a photograph is defined as " any document reproducing an image on an analogical or digital medium or any other medium based on the evolution of the technique ". The borrowing or renting company is referred to as Customer. The lending company is referred to as Author.

I.2) Lawful use by Customer must comply with the following conditions, as well as full payment of the fees invoiced by Author and conformity of the use with the prior request.

I.3) Customer's inscription on Author 's site entails acceptance of the General Conditions, which may be consulted on its site.

I.4) This Agreement is expressly subject to the provisions of the Intellectual Property Code.

I.5) The photographs made available by Author, in digital format, are the property of the author and his heirs and assigns; Customer may acquire reproduction and/or representation rights only. These photographs may not be sold but only and exclusively rented or lent for use.

II - Terms and conditions for formation of the agreement

II.1) Making the photographs available to Customer :

Grace period :

During the rental grace period, the digital photographs shall be made available for consultation only and shall exclude any use thereof. All claims concerning the photographs made available for consultation shall be sent by registered letter, bill of receipt requested within five days following receipt of the photographs, at the latest.

II.2) Destruction of files, absence of use, exploitation and assignment of rights.

If the photographs are made available by digital file, Customer shall inform Author in advance of any use of the photographs and, if Customer does not use them, the files shall be destroyed.

II.3) Request for use authorization for the purpose of reproducing and/or representing the photographs, with assignment of rights

Customer shall send to Author, in the absence of other agreements or practices arising from usual professional relations, a request for authorization to reproduce and/or represent the entrusted photographs that Customer has selected and chosen. Such request must contain all the legal information enabling the co-contracting party to be legally identified (legal form, capital, registered office, registration with the Register of Trade and Companies). It must mandatorily contain all useful information regarding the extent, type and context of the contemplated use :

- Type and extent of use: type of medium, use format, medium format, printing, date of each appearance or representation, duration, geographic establishment or place of distribution, if any, form of the interpretation.

- Context of the use: name of the final user, places of distribution, if any, name of each medium, name and type of product, service or subject to be treated, accompanying captions or text and all other useful information concerning the technological reproduction methods enabling Author to assess the import of the requested authorization.

II.4) Acceptance of the authorization request and assignment of the reproduction or representation rights :

II.4.a) Terms and conditions of acceptance :

Upon receipt of the request for authorization, Author shall send an estimate and/or invoice specifying payment conditions, and based on the document selected, the conditions for the indicated use and context, the amount of the fees, any increased value, corresponding restrictions or obligations, as well as the amount of management costs. The authorization shall be expressly subordinated to payment of the reproduction and/or representation fees, within the time limit indicated on the invoice. In the absence of total payment or in the case of partial payment, any reproduction and/or representation of any nature whatsoever shall give rise to damages and shall constitute infringement. Any reproduction and/or representation of any nature whatsoever that does not comply with the authorization conditions given based on the information provided by Customer in accordance with the provisions of Article 3 hereinabove shall constitute infringement and give rise to damages which may not be less than 5 times the basic fee for a corresponding isolated first use.

II.4.b) Limitation on the reproduction and/or representation authorization :

Restriction

- Author shall inform Customer, if need be, of any restrictions on use of the photographs the rights to which are assigned. The information concerning the restrictions shall necessarily be subordinated to Customer providing all of the useful information specified in Article II-3. If Customer fails to provide said information or if such information is inaccurate, Customer alone shall be liable for violation of the restriction.

Absence of exclusivity

- Assignment of reproductions and/or representation rights shall not be exclusive. Exclusivity shall result only from a specific writing and shall entail the payment of fees due for such exclusivity, which are separate and distinct from the basic fees.

II.5) Conditions connected to reproduction and/or representation

II.5.a) Legal conditions :

Signature and mandatory mentions: the signature of each reproduction, representation or interpretation is a legal mention, regardless of the form, importance or confidential nature of the use thereof. The accurate and complete mention of the name of the author must appear legibly, on or next to each reproduction or representation.

II.5.b) Contractual conditions - Mandatory provision of proof :

Customer shall provide, free of charge, complete and original proof of the documents that have been published or reproduced, that must arrive at the Author within 15 days following publication. In the case of electronic use, Customer shall provide the address of the site, the Internet link or a copy of the screen.

II.5.c) Sanction for non compliance with the legal and contractual conditions :

Author may invoice up to 100% of the fees due.

II.6) Destruction of the digital files following reproduction and/or representation :

Customer agrees to destroy the digital files that were entrusted to it following reproduction and/or representation. Customer alone shall be liable for any disputes arising from distribution or use connected to the retention of these files for which a prior authorization request was not made.

II.7) Archiving of the digital files, duplicates, new use of the photographs and alterations

Following use, any retention of digital files or duplicates by customer or third parties is strictly prohibited. Any new use of the photographs, regardless of the medium, must be covered by a request for use authorization and payment of the connected fees. Non compliance with this clause shall constitute infringement in accordance with the provisions of Article 4-a 3 ° paragraph of these General Conditions. Any alteration (touching up, re-centring, silhouetting, photomontage) of any nature whatsoever is prohibited absent Author's prior written consent. Non compliance with the prohibition or prior authorization shall constitute infringement and give rise to damages in accordance with the provisions of Article 4-a 3 ° paragraph of these General conditions.

II.8) Cancellation :

In the case of cancellation by Customer of a request for authorization to reproduce and/or represent the photographs following issuance of the invoice, Customer shall be liable for a lump-sum amount calculated as follows :

- If cancellation occurs within 30 days from issuance of the invoice, 10% of the amount of the invoice, net of tax.

- If cancellation occurs beyond the 30th day and up until 60 days from issuance of the invoice, 50% of the amount of the invoice, net of tax.

- If cancellation occurs on the 60th day, 100% of the amount of the invoice, net of tax.

II.9) Costs of iconographical research - Costs of digitization -Duplication costs

Special requests made by Customer concerning, notably, iconographical research, digitization work and duplication work shall be covered by an invoicing that is separate and distinct from the amount of the fees and management costs.

II.10) Rights of the third parties and property that are represented

The Agreement, correspondence, and invoices shall mention the restrictions and/or necessary prior authorizations and/or the distinct rights of the third parties or property that is represented, which it will be up to Customer alone to obtain directly. These restrictions, authorizations or rights shall be given based on the preciseness of the information provided by Customer with respect to the contemplated use and context of the exploitation. Customer and the user shall alone be exclusively liable vis a vis the owners of the represented rights and alone shall be liable for any and all consequences of any claims made by the owners of the rights.

II.11) Jurisdiction

Author and Customer hereby expressly confer jurisdiction on the courts of Paris.

Christophe SIDAMON-PESSON — Photographer

Lotissement "Les Asphodèles"
05600 Ceillac — FRANCE
tél : +33 (0)4 92 45 44 94
e-mail : contact@c-sidamon-pesson.com