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TERMS & CONDITIONS OF SUBMISSION OF PICTURES AND TEXT

1. FAMOUS means Famous Pictures and Features Limited [Company No: 03373146]
In this Agreement the terms (a) picture includes a photograph, transparency or negative which may be offered for the purposes of reproduction; (b) text includes an interview, article, news story or caption which may be offered for the purposes of reproduction: (c) reproduction includes any form of publication or copying of the whole or part of any picture or text, and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means. (d) Date for Return is the date by which the pictures must be returned as specified overleaf on this delivery note. If no date is specified, the Date of Return shall be FOUR WEEKS from the date of this delivery note or if an invoice is subsequently rendered for reproduction rights then 12 weeks from the date of such invoice.

2. This agreement constitutes a contract between (a) FAMOUS and the Client and b) the photographer/journalist and the Client. No variation of these terms of conditions herein shall be effective unless agreed in writing by FAMOUS and the Client. Rights given or licences granted in respect of photography are given by the photographer or in respect of text are given by the journalist as the case may be direct to the Client; FAMOUS acts as agent only.

3. Pictures or text are supplied on loan and no property or copyright in any pictures
or text shall pass to the Client whether on their submission to the Client or on any
subsequent grant of reproduction of rights.

4. The Client shall pay for courier, express or any other special delivery
arrangement requested.

5. (a) Reproduction rights (if and when granted) whether in relation to photography or text are strictly limited to the use, period of time and territory specified on the FAMOUS invoice and unless otherwise agreed in writing relate to a single use in one language only for a single country.
(b) Any reproduction rights are non-exclusive except when specified on the invoice.
(c) Reproduction rights granted are personal to the Client and may not be assigned nor sub-licensed nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights.
(d) Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied.

6. The FAMOUS delivery note lists the pictures delivered to the Client, with the FAMOUS reference number; which shall be deemed to have been received complete and in good condition, unless within 3 days of receipt FAMOUS receives notification of any discrepancy or damage.

7. (a) Risk and responsibility for pictures passes to the Client from the time they are received by the Client (or its agent) until their safe return to FAMOUS.The Client shall immediately inform FAMOUS in writing of any known loss or misuse of, or damage to, the pictures while in the Client's possession or that of any third party. If a picture is not returned within 8 weeks of the date for return, FAMOUS may in its sole discretion treat it as lost. (b) The Client shall be liable to pay compensation to FAMOUS in respect of each picture loss or damaged at the rates specified overleaf. The loss of or damage to a print or duplicate transparency (dupe) for which there are available and accessible originals shall also be the subject of compensation - but a different level (see over). FAMOUS may also specify in advance a different compensation figure for loss or damage to originals or to certain unusual, valuable or historic pictures.Payment of compensation does not give rise to any rights in any picture. These figures have been assessed by FAMOUS and are a genuine pre-estimate of the loss which would be suffered if such a picture were to be lost or damaged. The Client is urged to take out insurance over to cover the total value of
the pictures delivered. (c) A picture subsequently found must be returned immediately.

8. Any picture returned without its mount or with its caption or other mount data missing or defaced, may incur a replacement charge (see over).

9. The Client must return every picture to FAMOUS by its Date of Return by any safe method which affords proof of delivery and insured to the relevant level of compensation cover. Adequate protection must be given to pictures in transit. A delivery note listing and totalling the returned pictures must be enclosed and advice in writing with this same information sent by separate post.

10. Unless otherwise agreed each picture may be held by the Client rental free until its Date for Return; thereafter the Client shall be liable to pay a rental fee of 1 UK pound per dupe as specified overleaf per week or part thereof pending its safe return. Payment of the rental fee does not entitle the Client toretain the picture after the Date for Return.

11. (a) Until FAMOUS has issued an invoice for a reproduction fee neither party is committed to grant or acquire any reproduction rights in any picture ortext. After a fee has been agreed and the invoice issued there is a firm binding contract whereby (i) the photographer (in relation to photography) and the journalist (in relation to text) undertake, on payment to grant reproduction rights and (ii) the client undertakes to pay the Fee. If after invoice but before payment the Client requests cancellation of any agreed reproduction rights, FAMOUS may at its discretion cancel subject to the Client paying a
cancellation fee.
(b) The Client's right to reproduce a picture or text arises only when both terms are agreed and the invoice relating to the grant of such right is fully paid. Any reproduction before payment of the invoice or outside the terms of any licence granted is an infringement of copyright and also a breach of this Agreement entitling FAMOUS and/or the photographer/journalist to rescind the Agreement and rendering the Client liable for the payment of damages.
(c) The Client undertakes to indemnify FAMOUS, the photographer and the journalist in respect of any claims or damages or any loss or costs arising in any manner from any unauthorised reproduction.

12. (a) The invoice shall be paid within 30 days of issue save in the case of newspaper, periodical and broadcasting clients where, if FAMOUS agrees in advance, payment may be made no later than the end of the calendar month immediately succeeding publication or use.
(b) If payment is not made in accordance with (a) above, then FAMOUS may rescind this Agreement and recover damages or, as its option, may elect to pursue a claim for the fee and charge interest on the overdue amount at 2% per month on its own account or as agent for the photographer on the outstanding balance.

13. On the Client's death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding up being made against it or if a Receiver is appointed any licence granted shall immediately cease and determine and, the commitment to grant under 11 (a) above ceases forthwith..
FAMOUS may at any time inspect any records, accounts and books relating to the reproduction of the FAMOUS pictures and text to ensure that the
pictures/text are being used only in accordance with the reproduction rights granted to the Client.

14. (a) A credit is important to the photographer, the journalist and to FAMOUS; accordingly unless otherwise agreed in writing, if any picture or text is reproduced omits the copyright notice or credit line specified overleaf the reproduction fee payable by the Client shall be subject to an increase (see over).
(b) The right to a credit is asserted in accordance with sections 77 and 78 of the Copyright Designs and Patents Act 1988.

15. (a) Electronic use, scanning, storage or transmission of any picture or text is forbidden without the express written permission of FAMOUS in advance.
(b) The client undertakes to supply any information reasonably requested with regard to anti-piracy and infringement measures.

16. No cropping, addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of FAMOUS.

17. In the case of printed publications, two copies of the relevant pages containing any picture or text supplied are to be furnished to FAMOUS by the Client free of charge within two weeks. In other media, evidence of use, must be made available if requested.

18. While FAMOUS takes all reasonable care in the performance of this Agreement generally, FAMOUS shall not be liable for any loss or damage suffered by the
Client or by any third party arising from use or reproduction of any picture or text. Further, FAMOUS shall not, in any case or circumstance, be liable in
relation to the grant of any reproduction rights by its principal, the photographer or the journalist as the case may be or in relation to infringement, model
releases, contract or defamation.

19. It is the Client who must satisfy himself that all necessary rights, model releases, trade mark permissions, or consents which may be required for reproduction of people, places or items depicted or referred to within any picture or text are obtained. It is acknowledged that neither the photographer, the journalist nor FAMOUS gives any warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or artistic work depicted in any picture or text. In the event that the picture or text is used or reproduced by or with the authority of the Client then the Client shall indemnify both FAMOUS and the photographer or the journalist against any loss, damage, proceedings or costs where such rights, releases or consents have not been obtained.

20. This agreement shall be subject to, and construed according to, English Law. The parties agree to accept the exclusive Jurisdiction of the Courts of England.