Tinsley Studio Terms and Conditions

Transcription

1 8620 Tamarack Ave. Sun Valley, CA Tinsley Studio Terms and Conditions Ordering: or Fax orders to: o Questions can be answered via phone but we prefer all order placement to be in writing ( or fax) Purchase orders should accommodate all orders If a PO is not provided the buyer s name will be considered the purchase order reference on the invoice. Payment: When no PO is provided a credit card is required. Please fill out a Credit Card Authorization Form with your current information. Additional fees may apply. Credit card payments will prevent any delays in order fulfillment Checks are accepted from Production Company if a PO has been provided. Wire Transfers are accepted for payment. An additional $25 Wire Transfer Fee will be invoiced per transaction. Wire transfer or credit card is required for any Production based outside of the United States of America. Shipping: All orders are shipped at the customer s expense. We will ship on our Fed Ex account and bill back. Production can opt to use their own shipping accounts if a number is provided. All Packages are shipped with your invoice Shipping cutoff time is 3pm Clearance Agreement: Tinsley Standard Tattoo Clearance will be provided prior to ordering. Work For Hire agreements are negotiated at an additional rate in exchange for ownership of rights Tinsley will review One (1) set of proposed changes if necessary (we prefer to adhere to our standard agreement without changes). Any additional review will be charged at $50 per draft.

2 8620 Tamarack Ave, Sun Valley, CA P (818) F (818) CREDIT CARD AUTHORIZATION BILLING INFORMATION: Print name as it appears on card: Credit Card No: Security Code: Expiration Date: / Card Type*: VISA / AMEX / DISCOVER / MC BILLING ADDRESS: ADDRESS: CITY: ST: ZIP CODE: Signature of Cardholder: Date: Phone Number: *Accepted credit cards: American Express, Discover, MasterCard and VISA **Credit cards will remain on file/account for all authorized orders.

3 8620 Tamarack Ave. Sun Valley, CA CUSTOM TATTOO TRANSFERS 1 Custom tattoo transfers can be produced either from your finished artwork, selecting from our Tattoo Archives, or designed by Tinsley Studios designers. Our design rate is $100 an hour. If you would like to use your artwork, there is a one-time formatting fee of $50. Please send it to custom@tinsleystudio.com in the following format: - TIF file dpi - CMYK (color layers separate from black layer) - At size to print It s also helpful to indicate the dimensions as well, so we can verify the design is at the correct size. Printing cost is calculated by printable space, here are our sheet sizes & prices: - small sheet (8.5 x 11 ) is $50 - half sheet (18 x 24 ) is $200 - full sheet (24 x 36 ) is $350 Normal turnaround is (3) business days from start to ship or pickup. If you require your order sooner, a $350 rush fee will apply. Please provide either a PO or credit card for payment when placing your order.

4 CLEARANCE AGREEMENT Production: Address: TINSLEY STUDIO ( Tinsley ) to ( Producer ) and its successors, licensees and assigns, the full and complete right to use certain designated Tinsley Transfer Stock/Tattoo Designs (the Designs ), images of which are attached hereto as Exhibit A based on the following terms and conditions: The parties hereby agree that: * Tinsley Stock Tattoos Tinsley retains the copyright in and to the Designs and grants the Producer a release for use in connection with the Production. The foregoing does not include use of standalone Designs for merchandising. * Custom Design Tattoos (option A) Tinsley retains the copyright and the Design and grants the Producer a release for use in connection with the Production. The foregoing does not include use of the standalone Design for merchandising. * Work For Hire Custom Design Tattoos (option B) Tinsley engaged on a Work for Hire basis and Producer will own the copyright in and to the Designs. For Tinsley work engaged on a Work for Hire basis of $ per Design in exchange for the retention of rights for said Design. Notwithstanding anything the contrary herein, if Producer elects this engagement, then, no restrictions with respect to merchandising the Design shall apply. Please initial usage based on mutually agreed upon terms above. Tinsley hereby grants to Producer, its successors, assigns and licensees the right to photograph and use the Designs in connection with the production currently entitled (the Production ), throughout the universe in all media (now known or hereafter devised), in perpetuity, including in connection with advertisements, promotions, publicity and other material relating to the Production, including in-context merchandising; provided, however, that the foregoing grant of rights shall not include the right to merchandise the Design as a standalone image, separate and apart from the Production. Notwithstanding any of the foregoing or anything contained herein to the contrary, nothing contained herein shall limit or restrict Producer s right to use the Production containing the Designs in any and all media now known or hereafter devised throughout the universe in perpetuity, including without limitation clip/compilation shows, licensing of clips of the footage to other television shows, movies or productions, behind-the-scenes and/or making of materials, recaps

5 contained in any episode, flashbacks contained in any episode, any bonus or additional material included in the release of episodes on DVD or any other platform and any promotion, advertising, or publicity of the Production. Producer shall not be obligated to use the Designs as part of the Production or otherwise, or to broadcast or otherwise exhibit or exploit the Production. Tinsley hereby warrants and represents that it is the sole owner or holder (or the authorized representative of the sole owner or holder) of the rights granted, including, but not limited to any and all copyrights, trademarks, and rights including and not limited to the likenesses of any people (if any) depicted in the Designs, and that it is authorized to enter into and execute this agreement, that nothing of value apart from the Designs was given (or was agreed to be given) to Producer or any other person or entity in exchange for use of the Designs in the Production, that the consent of no other person or entity is required to enable Producer to use the Designs as described herein, and that such use will not violate the rights of any third parties. The parties agree to indemnify and hold free and harmless to the fullest extent permitted by law, the other party, each of their respective parent, subsidiary, and affiliated organizations, and each of their respective agents, employees, successors, and assigns from and against any and all claims, damages, liabilities, costs and expenses, including but not limited to reasonable outside attorneys fees, resulting from any breach of any warranty, representation, or agreement made herein. This agreement and all matters or issues collateral thereto shall be governed by the laws of the State of California without regard to the conflicts of law provisions thereof. In any action by Tinsley for breach of any provision hereunder, Tinsley agrees that its exclusive remedy shall be an action at law for damages and in no event shall Tinsley be entitled to injunctive or any other equitable relief. This agreement contains the parties entire understanding relative to its subject matter. Nothing in this contract shall limit or restrict any rights otherwise enjoyed by Producer under law or contract. AGREED AND ACCEPTED: Signature Christien Tinsley, President Licensor Please print name of representative Date: