All images, files and products sold through this site are for personal use only and are the exclusive copyright of BOATHOUSE STUDIOS. No distribution or publication of images, files or products are allowed.
BOATHOUSE STUDIOS & BOATHOUSEPHOTOS.COM:
All Services and licenses of licensor are subject to the following terms & conditions
[1] Definitions: This Agreement is by and between Integrity Teamworks Inc., DBA Boathouse Studios (“Licensor”) and (“Client”) which includes Client’s representatives. Licensor’s relationship with Client is that of an independent contractor. "Image(s)" means all visual and multimedia representations furnished to Client by Licensor, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media. Unless otherwise specified on the front of this document, Licensor may deliver, and Client agrees to accept, Images encoded in an industry-standard data format that Licensor may select, at a resolution that Licensor 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, Licensor's sole obligation will be to replace or repair the data, but in no event will Licensor be liable for poor reproduction quality, delays, or consequential damages. Unless otherwise specifically provided elsewhere in this document, Licensor 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 Licensor'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 Licensor. 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. No rights are transferred to Client unless and until Licensor has received payment in full. The parties agree that any usage of any Image without the prior permission of Licensor will be invoiced at three times Licensor's customary fee for such usage. Client agrees to provide Licensor 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 Licensor 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.
[3] Return and Removal of Images: Client assumes insurer's liability (a) to indemnify Licensor 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 Licensor 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 Licensor, 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 Licensor 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 Licensor. 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). Licensor 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 Licensor'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 Boathouse Studios or copyright notice as specified on the reverse side. If no placement of a credit or copyright notice is specified on the reverse side, Client to assume credit and copyright notice to Boathouse Studios. 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 Licensor for the lost value of the credit line.
[6] Alterations: 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, including making digital scans unless specifically permitted on the reverse side, except that cropping and alterations of contrast, brightness, and color balance, consistent with reproduction needs may be made.
[7] Indemnification: Client will indemnify and defend Licensor 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 Licensor, 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 Licensor. It is Client's sole responsibility to determine whether any model or property releases delivered by Licensor are suitable for Client's purposes. Licensor'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 Licensor, 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. Licensor is an independent contractor and not an employee. If Licensor 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 Licensor. Client agrees to execute any documents reasonably requested by Licensor to accomplish, expedite or implement such transfer.
[10] Disputes: Except as provided in [11] below, any dispute regarding this agreement shall, at Licensor's sole discretion, either:
(1) be arbitrated in Harpswell, ME or Mill Valley, CA, under rules of the American Arbitration Association and the laws of ME or CA; 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 Harpswell, ME or Mill Valley, CA under the laws of the United States and/or of ME/CA. Location to be the sole discretion of Boathouse Studios.
(3) In the event of a dispute, Client shall pay all court costs, Licensor's reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of Licensor.
[11] Federal Jurisdiction: Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by Licensor 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, Licensor 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, Licensor will charge no additional fee, and Client will pay all expenses. If Licensor 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 Licensor's fee; however, if notice of cancellation is given less than three (3) 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 Licensor 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.