COMMERCIAL & HEADSHOT PHOTOGRAPHY

TERMS AND CONDITIONS OF COMMISSIONING REPRODUCTION OF PICTURES FROM PAT MCNAIR PHOTOGRAPHY


 1. Terms and Definitions:
(a) picture includes a photograph, images, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction;
(b) reproduction includes any form of publication or copying of the whole or part of any picture 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;
(c) The Photographer (otherwise known as Patrick McNair) is the Author of the photograph or the Photographer.
(d) The Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);
(e) Pat McNair Photography administers the licensing 1 of the works of the Photographer, Patrick McNair and is a trading name of Pat McNair Photography.
(f) These terms and conditions represent the entirety of the agreement between Pat McNair Photography and the Client. Any variation is only applicable when agreed in advance and in writing;

2. Copyright and Ownership of Materials:
(a) The entire copyright in the pictures is retained by the Photographer; Patrick McNair at all times throughout the world and is administered by Pat McNair Photography;
(b) Title to all photographs remains the property of the Photographer;
(c) Images, not designated for unrestricted licensing, will be licensed 1 for use for a specific period unless otherwise stated by the Photographer in writing. When the License to Use has expired the images should be returned to the Photographer and a written undertaken given that all digital files have been destroyed. The Client is expected to comply with this requirement within 30 days of expiration on the License to Use. The Photographer reserves the right to make an additional charge for continued use after this period;
(d) The Photographer, as administered by Pat McNair Photography, supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on ‘Pat McNair Photography’ grant of reproduction rights in respect thereof;
(e) Unless otherwise agreed in writing, Patrick McNair asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988;
(f) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Pat McNair Photography any fee payable by the Client shall be subject to an increase specified by Pat McNair Photography, and in any event an increase of not less than 25%.

 3. Use and Reproduction:
(a) The License 1 to Use only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment - including any late payment charges that may have been levied - has been received by Pat McNair Photography;
(b) Permission in writing may be granted for image use before payment, however this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice;
(c) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Pat McNair Photography’ invoice. An agreement must be reached with Pat McNair Photography before the pictures are used for a different purpose or after the license to use has expired;
(d) Reproduction rights are not issued exclusively to the Client except when specified on the invoice;
(e) Reproduction rights granted are personal to the Client and may not be assigned, 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;
(f) Any reproduction rights granted are by way of license and no partial or other assignment of copyright shall be implied;
(g) Pat McNair Photography reserves the right to refuse to supply or grant a reproduction license to a third party when requested to do so by the Client;
(h) In the case of printed publications by a third party, three copies of the relevant pages containing any picture supplied are to be furnished to Pat McNair Photography free of charge within two weeks. In other media, evidence of use must be made available if requested;
(i) 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, Pat McNair Photography may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.

4 Definitions of Reproduction Rights:

The following terms are used when describing the reproduction rights granted by Pat McNair Photography and the Photographer to the Client;
(a) Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site;
(b) PR and Press distribution: The right to use the pictures as described in 4(a); plus a license for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication;
(c) Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice;
(d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.

5. Booking and Cancellation:

(a) In order to obtain the services of Pat McNair Photography the Client will be required to complete a Booking Form or Booking Email. On receipt of the booking form or booking email, Pat McNair Photography will send an email confirmation. The booking will then be considered Confirmed.
(b) Once the Client has made a booking for a specific time and date and this date/time has been Confirmed, Pat McNair Photography will not accept any other work from other clients for those times and dates;
(c) As a result, once a booking is confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule:
 (i) When a client cancels a confirmed booking within 10 business days of any confirmed date, an administration fee of £20.00 will be
 charged;
(ii) When a client cancels photography within less than 10 days business of any confirmed date, a fee of 20% of the booked time rate will be charged,
(iii) In addition to this cancellation fee, the client will be charged for any expenses already incurred by Pat McNair Photography.

6. Payment Terms:

(a) Our payment terms are strictly net 28 days (four weeks) unless agreed in advance and in writing;
(b) If payment is not made in accordance with (a) above then Pat McNair Photography may restrict any Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998;
(c) A fee of £17 (excluding VAT) may be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involve with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices;
(d) The Client’s right to reproduce a picture arises only when Pat McNair Photography’ invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Pat McNair Photography to rescind the Agreement and rendering the Client liable for the payment of damages;
(e) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 28 days from the issue date, and that Pat McNair Photography may consider these invoices as overdue when pursuing legal action for the recovery of said debts;

7. Rejection:

(a) Pat McNair Photography will edit every take and deliver what it considers to be the best of every situation covered;
(b) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.

8. Liability and Indemnity

(a) While Pat McNair Photography takes all reasonable care in the performance of this agreement generally, it 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 its caption;
(b) The Client agrees to indemnify Pat McNair Photography in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Pat McNair Photography;
(c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Pat McNair Photography gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any picture. In the event that the picture issued or reproduced by or with the authority of the Client then the Client shall indemnify Pat McNair Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.

9. Applicable Law:

(a) This Agreement shall be subject to and constructed according to Scottish Law and the parties agree to accept the exclusive direction of the Courts of Scotland;
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
(c) Email communication constitutes a contract in law. Unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts.

10. Client Confidentiality

(a) The Photographer and Pat McNair Photography will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer or Pat McNair Photography to carry out their obligations in relation to the commission.

11. Making Payment:

(a) Our terms are strictly net 28 days (four weeks) unless agreed in advance and in writing.
(b) Payment by Credit Card is preferred and Bank details will be provided on our invoice. We also accept payment by cheque and crossed cheques should be made payable to “Pat McNair Photography”;
(c) Please note that when making payment by cheque, proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery.

12. Why you should use Pat McNair Photography:

(a) The images you want - We can work with however a detailed brief you provide or help with creative input when needed.
(b) Easy to use Images - High technical quality to meet your needs, for web or print.
(c) No Hidden costs - All our prices are clear and up front.
(d) Free technical advice and assistance - All of our Digital Imaging and Colour Management consultancy knowledge comes as standard when using Pat McNair Photography.

12. Why you should use Pat McNair Photography:

(a) The images you want - We can work with however a detailed brief you provide or help with creative input when needed.
(b) Easy to use Images - High technical quality to meet your needs, for web or print.
(c) No Hidden costs - All our prices are clear and up front.
(d) Free technical advice and assistance - All of our Digital Imaging and Colour Management consultancy knowledge comes as standard when using Pat McNair Photography.

1 Commercial and Headshot Photography Licensing is provided by Pat McNair Photography as designated by the following categories:

Unrestricted – Royalty Free (RF):
Once the client has purchased an Unrestricted - RF License, they pay no further fee to use the image(s) so long as the images are used within the terms of the license and the images themselves are not altered in any way other than to add text. The images can be used by the client for use in their business with no restrictions on time however the images cannot be transferred to a third party for the third party’s use unless the client has written permission from the photographer to do so. Please note that such permission may involve an additional fee to Pat McNair Photography.
Restricted – Time Managed (TM):
Once the client has purchased a license, the images covered by that license may only be used for a specified period as stipulated on the invoice after which those images must be returned or disposed of and their removal verified within the terms of section 2 Paragraph (c) of Pat McNair Photography commercial & headshot photography terms and conditions. The images covered by this license must be used within the terms of the license and the images themselves cannot be altered in any way other than to add text unless the client has written permission from the photographer to do so. Please note that such permission may involve an additional fee to Pat McNair Photography.
Non-Commercial:
Though the client may be charged for the initial photographic service, the images covered by a non-commercial license can be used and distributed for free for non-commercial use as long as the images are used within the terms of this license and the images themselves are not altered in any way other than to add text unless the client has written permission from the photographer to do so. Please note that such permission may involve an additional fee to Pat McNair Photography.
Custom Stipulation:
For specific types of work, the photographer may grant a custom stipulation license covering specific and stipulated use of the images provided to the client and covered by this type of license. In cases such as this the photographer will agree in advance to the terms of this license for that particular client and for those specific images.


WEDDING PHOTOGRAPHY

TERMS AND CONDITIONS OF COMMISSIONING REPRODUCTION OF WEDDING PICTURES FROM PAT MCNAIR PHOTOGRAPHY

In the following terms & conditions “the photographer” shall mean Pat McNair Photography “The clients” shall be those persons defined as bride and/or groom on the booking form. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.

Terms and Definitions:

(a) picture includes a photograph, images, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction;
(b) reproduction includes any form of publication or copying of the whole or part of any picture 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;
(c) The Photographer (otherwise known as Patrick McNair) is the Author of the photograph or the Photographer.
(d) The Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);
(e) Pat McNair Photography administers the licensing 1 of the works of the Photographer, Patrick McNair and is a trading name of Pat McNair Photography.

Copyright

(a) Copyright Law states that the copyright of the photographs remains with the photographer, the photographer grants the bride and groom permission to make copies of the images under the following conditions: – The images taken by the photographer are for personal use by the bride and groom, their friends and relatives, Selling, Publication or any Commercial use of the photographs is not allowed without prior written permission from the photographer..

Pre-Wedding Consultation:

(a) The bride and groom will outline broadly what is required and the Photographer(s) will advise on planning, logistics and timings where needed. A ‘Must Have Shot’ sheet shall be provided for preferred photographs that the photographer should try and include within the day’s proceedings.
(b) The photographer shall use his discretion and try to fulfil this request, but cannot be held liable should all/some of the requested photographs not be captured due to time restraints or non-cooperative guests.
(c) If a meeting in person is not possible, all consultation can be carried out via email, video call or telephone. Records of the email ‘conversation’ shall be kept on file for a period of 1 year.

Display:

(a) The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.

License, Coverage and Reproduction:

(a) Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.
(b) The photographer shall be granted artistic license in relation to the poses photographed and the locations used. The photographer’s judgement regarding these matters shall be deemed correct.
(c) The photographer shall endeavor to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer on the occasion of leaving somebody out.
(d) For a booking involving a church ceremony or at certain venues, the photographer’s movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
(e) The Photographers are sometimes limited by rules imposed by registrars, ministers and venue management as to what can and cannot be done. For example some venues insist on no flash photography, others insist that the photographer shoot from a specific location. In such circumstances the bride and groom accept the rules of the venue and the technical limitations placed on the photographer. If these rules or others are imposed, we advise the bride and groom to discuss this with the venue concerned and also make us aware.
(f) Whilst we actively encourage guests to photograph the day’s events and as many will have digital cameras with them, we do ask that the contracted photographer is given precedence to capture your day to the best of our ability. We cannot be held responsible for the lack of certain photographs if guests have continually interrupted the photographers work.
(g) Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
(h) Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.

Prices:

(a) All standard wedding packages and additional goods specified on the booking form are supplied at the prices ruling on the date of booking. Goods not specified on the booking form are supplied at the prices ruling at the time of receipt of the order.

Payments:

(a) A non-refundable booking fee of £120.00 will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer’s website or in these terms and conditions. The booking fee will be deducted from the cost of the client’s chosen package when calculating the final balance due.
(b) Payment in full of the remaining balance will be due 6 weeks before the wedding day.
(c) Additional goods ordered must be paid for in full at the time of ordering.
(d) Titles to all goods remains with the photographer until paid for in full by the client(s)

Force Majeure:

(a) The photographer will endeavour to put the client(s) in touch with another photographer in the event they are unable to attend on the wedding date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding etc.
(b) In the event of cancellation by the photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid.

Provisional Bookings:

(a) Under the Consumer Protection (Distance Selling) Regulations 2000 (hereinafter referred to as “the Distance Selling Regulations”), you as a consumer are entitled to cancel your contract with Patrick McNair / Pat McNair Photography within 14 days of agreeing its terms. These Terms and Conditions will form the basis of any such contract. By making a provisional booking, you are deemed to have agreed to these Terms and Conditions and therefore to the terms of the contract between you and Patrick McNair/Pat McNair Photography.

Personal Accident:

(a) Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.

Booking Fee/Deposit:

(a) The booking fee is due on signing of this agreement and after the 14 day cooling off period has expired. If the booking is paid at the time of signing, the client still has the 14 day cooling off period and a full refund of the booking fee is refundable. If the booking is made with less than 14 days until the booked date, then subsequently cancelled, no refund shall be due.
(b) The remaining balance of the agreed amount is payable ONE month before the date of the wedding (unless an arrangement has been made which differs from this e.g. payment has been made in full by mutual agreement).
(c) In the event of cancellation out-with the aforementioned 14 day period, all booking fees/deposits are non-refundable. This includes circumstances where the bride and the groom cancel their wedding for whatever reason. This is at the discretion of the business.

Cancellation Policy:

(a) If, (for whatever reason), the booking is cancelled after the 14 day calling off period has expired then the following cancellation policy applies:

Payment                                                                                       Cancellation Period                                              Refundable Amount Payable
Full Payment Received                                         Within 2 – 6 months of confirmed booking            50% of full amount dues (minus the booking fee)
Full Payment Received                                       Within 1 – 2 months prior to date of wedding.      No refund (subject to circumstances). Amount paid                                                                                                                                                                              may be used for other photographic services / future                                                                                                                                                                          wedding date if the date is unavailable at the                                                                                                                                                                                        discretion of the photographer.





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