Terms and Conditions (Please read before the shoot)
Kate McDonald Photography - Terms and Conditions
The client confirms that they have read, understood and accepted the following terms and conditions, unless specifically agreed otherwise in writing. The client also takes full responsibility to ensure that all agents, managers and representatives acting on their behalf are aware of and will comply to the terms and conditions stated below.
Definition - for the purpose of this document Kate McDonald & Kate McDonald Photography will be refered to as 'The Photographer' and you shall be refered to as 'The Client'. Photographs and images shall also be known as 'Works'.
A non-refundable, non-returnable deposit of £50 is required to secure a booking date. This fee is deductable from the final balance payment of the agreed package. Receipt of confirmation, both by email or written, will constitute an agreement of the following full terms and conditions. If a Client does not use email, hardcopy paperwork confirmation must be supplied, if none is provided, then the email correspondence will constitute a contract in law.
Once a booking has been made and a date and time agreed, this agreement is considered set. The Photographer reserves the right to charge a fee of cancellation or refuse future bookings for repetitive postponements or cancellations. The Photographer reserves the right to cancel any booking at any time, but will endeavour to reschedule to a date suitable for The Client, however in the unlikely event that a rescheduling is not possible during these circumstances the deposit will be refunded to The Client in full.
Please also note that any reschedulling of set bookings by The Client must be made at least 72 hours before agreed time and date.
'Kate McDonald' owns and retains the entire copyright of the Photographs and Works at all times, throughout the World. Photographs may not be reproduced, sold, published or used without permission for any commercial purposes excepting the following: spotlight website & book (www.spotlight.com), Internet Movie Database website (www.imdb.com), agency or management website, personal website, theatre programmes, personal business cards and personal portfolios. No third party rights granted.
A written agreement must be reached with the Photographer before the Photographs may be used for other purposes.
It is the client's responsibility to obtain written copyright clearance from 'Kate McDonald' prior to distribution or publication of any additional usage including but not limited to; publication on third party websites, digital or printed magazines, news publications, marketing merchandise and any additional print or digital distributed media that falls outside the exceptions listed above. Failure by the client (or agents acting on behalf of the client) to obtain copyright clearance from 'Kate McDonald' resulting in authorised use may result in legal action. Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
The Licence to Use requires that the Photographer’s name ‘Kate McDonald’ or 'Kate McDonald Photography' must be printed on, or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts her statutory and moral right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
A booking is only secured once the Client has paid the £50 deposit and funds have cleared into the Photographer's account. This fee is deductable from the final balance payment of the agreed package, however it is strictly non-refundable and non-returnable. Once the deposit has been paid by the Client and the booking is confirmed by the Photographer, the final balance payment by the Client will be made before or on the day of commencement of work by BACS transfer, cash or cheque. If The Photographer does not receive payment on or before the commencement of work, it is her right to withhold all images until monies are paid in full.
The Photographer retains the right in all cases to use or sell the Photographs. The Client must only use the Photographs they have paid for and for the purpose of Spotlight, IMDb, or therewith actor/model/dancer/performer self promotion websites, The Clients personal agency representives on websites and personal social media only unless prior written consent is granted by The Photographer where a fee may be requested. The Photographer DOES NOT permit the use of ANY unedited image, either displayed in the Client's personal gallery or otherwise.
While The Photographer secures back ups of all useable images, all liability of images by The Photographer's ends with final delivery of the (previously) agreed amount of retouched images.
The Client must satisfy himself or herself that all necessary rights, releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are secured. It is acknowledged that The Photographer gives no warranty or undertaking that any such rights, releases or consents are 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. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot. In all other cases the Client shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. The Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Photographer, Kate McDonald their employees or agents or otherwise, and it is the Client’s responsibility to insure against such loss or damage.
7. SERVICE AGREEMENT
The Client agrees that The Photographer shall provide services to photograph and create Works to the best of their ability in accordance with the package selected. Every effort will be made to assure The Client's satisfaction according to industry standards. Any artistic interpretation by The Photographer will be deemed acceptable and correct. Although every care possible will be taken to produce Works of the highest standard, The Photographer cannot be responsible for The Client's dissatisfaction, where best efforts have been made. The Photographer will not be held responsible for any ruined images due to any cause in or outside of the control of The Photographer.
8. EXTRA CHARGES
Should The Client alter their brief of that which is first agreed in writing on confirmation of the booking, it is The Photographer's right to invoice The Client the relative charges for her extra time for both the session and editing.
Additional edited images can be ordered by The Client at The Photographer's discretion and for a fee of £15 per photograph, payable before the delivery of the photograph(s).
9. SUPPLY TO THIRD PARTIES.
No third party rights shall be granted. The licence ONLY applies to the Client and product stated in 'Use'(5). Photos may not be distributed to third parties without prior written consent from the Photographer and a fee may be requested.
10. APPLICABLE LAW.
This agreement shall be governed by the Laws of England & Wales.
These Terms and Conditions shall not be varied except by agreement in writing.
All photographs remain the property and copyright of Kate McDonald and are protected under United Kingdom & International copyright laws. All moral and intellectual rights are asserted under the Copyright Designs & Patents Act 1988. All rights reserved. © Kate McDonald 2020.