Terms and Conditions
In the following terms and conditions,' the photographer' refers to Barbara McCarthy of Barbara McCarthy Photos and 'the client' is the person/persons hiring Barbara McCarthy for professional photography services.
Copyright and ownership:
As per the Irish Copyright and Related Rights Act (2001) all images creaetd by the photographer are owned by the photographer. Unless otherwise agreed, the client will receive an edited selection of high resolution JPEG digital images.
The copyright of these images is retained by the photographer globally. The photographer reserves the right to make reproductions of images created during any assignments for marketing or promotional, competition or editorial purposes. Should the client want to purchase copyright for the images, this can be done for an extra fee and discussed with the photographer.
Requirements:
Photographs taken during the course of the booking will be at the discretion of the photographer, although every effort will be made to ensure they comply with the requirements of the client. The photographer will do their best to honour the requested images, but specific pictures and backgrounds can be compromised in cases of Force Majeure or cases where the subject does not want to be photographed.
Reproduction of images:
Reproduction of images is limited to the use specified on the photographer's invoice/quotation. The photographer can charge an extra fee, if the images are used beyond what was discussed in the invoice/quotation.
Booking:
After a booking is confirmed, a confirmation email will be sent to the client. This means the photographer will not accept any other work from other clients for those times and dates. A deposit arranged between the photographer and the client will be paid upon confirmation. Until the deposit is paid, the booking is not confirmed. The photographer has a contingency in place, should unforeseen expenses or costs, extra images etc arise. This is discussed at the time of the booking and will only be used if such expenses arise.
Payment:
A fee is agreed upon by the client and photographer. Subsequently a deposit is confirmed and paid as the booking is made. As per arrangement with the photographer, payment is made within seven days of the shoot.
There is a mutual understanding between the photographer and client that the initial agreement is kept in place. But the photographer reserves the right to amend prices and conditions if a situation changes, and if the brief for the shoot changes.
Delivery of images:
As per arrangement, images are delivered within 7 days of shooting. Images will be shared in a gallery, which will be named after the shoot. The gallery will be available to download. Please do so when specified, as the gallery expires within a certain timeframe.
The photographer will keep RAW mages for one year. Images like weddings and milestone shoots will be kept for three years. jpeg images will be held onto for a longer term by the photographer.
Cancellation: If the photographer has to cancel the shoot due unforeseen circumstances, a suitable photographer will be sought to replace them or another day will be arranged. If the client has to cancel the shoot, the deposit will be kept by the photographer.
Hours: A full day is calculated on a basis of 8 hours spent on site. The photographer reserves the right to charge an additional fee per started hour beyond the agreed time.
If the booking is cancelled by the client within one working day of the starting time, the photographer reserves the right to charge 50percent of the fee. If it is cancelled before that, the photographer will keep the deposit.
Rejection:
Unless a rejection fee is agreed in advance, there is no right to reject the images on the basis of style or composition.
The photographer is not responsible for images lost /corrupted after they have been received by the client.
Images: If he client wants extra images, after the ones agreed, they will have to pay a fee for these images. The client cannot have all the images of the shoot. The images are picked at the photographers discretion using expertise and the client will be aware that they are receiving the best possible images.
Law:
This agreement is subject to and constructed according to the laws of the Republic of Ireland.
Variation:
No variation of the terms and conditions set out herein shall be effective unless agreed in writing by the client and photographer.