This Agreement refers to the use and downloading of images, files, video and any other material from www.LiamMcArdle.com, or any website used by Liam McArdle for the conduct of his photography business. Downloading of any material from www.LiamMcArdle.com shall be deemed as acceptance of this Agreement.
IT IS AGREED as follows:
1. This Agreement contains the entire understanding between Liam Mc Ardle T/A Liam Mc Ardle Photography (hereinafter called the “Photographer”) and the Client. It supersedes all prior and simultaneous agreements between the parties. Changes or additions to this agreement must be set out in writing and signed by all the relevant parties.
2. This Agreement is for services and products related to a photography shoot (hereinafter called the “Shoot”).
3. The Photographer and the Client are to arrive for the Shoot at a time and place mutually agreed between the parties.
4. The Photographer agrees that he shall provide services to photograph the Client to the best of his ability in accordance with the package selected. Any artistic interpretation by the Photographer will be deemed acceptable and correct. The Photographer and the Client agree that the Photographer is under no obligation to capture any specific moment, pose or person(s) during the Shoot.
5. The Client agrees and understands that no other party other than the Photographer may take pictures of any poses, lighting situations or set ups made by the Photographer.
6. The Client will obtain all permissions necessary for the Photographer to photograph at the Shoot. The Client understands that the Photographer has no duty to obtain permission of reception centres, churches, buildings, properties or other locations to operate thereon. Any failure to obtain these permissions resulting in fines to the Photographer, or which prevent the Photographer from photographing at the Shoot is not the fault, liability or responsibility of the Photographer.
7. Due to the nature of the business ALL sales are final. The Photographer cannot be responsible for dissatisfaction due to circumstances beyond his control.
8. The Client understands and agrees that the remaining balance for the Shoot must be paid in full no later than 3 days after the Shoot.
9. The photographs, images and prints produced by the Photographer are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without explicit written permission from the Photographer.
10. Upon final payment by the Client, the Client is granted a limited licence to use and/or display the resulting images as agreed upon signing this Agreement. Said images may not be altered or used in any manner outside what is agreed without prior written consent of the Photographer. The limited licence is non -transferable.
11. The Client understands and agrees that no images may used by the Client until final payment is made by the Client. The Client understands and agrees the use of any image without a limited licence will be subject to a charge of but not limited to £500.
15. It is agreed that the Photographer may use any and all images taken at the Shoot in any and all forms of media, for any lawful purposes including but not limited to the promotion of his business and services, publicity, illustration, advertising and web content.
16. Upon signing this Agreement, the Client understands that the Photographer’s full liability is limited to the return of all monies received from the Client.
17.This Agreement shall be deemed to be made in Northern Ireland and the construction, validity and performance thereof shall be governed in all respects by the Law of Northern Ireland and the parties hereto agree to submit to the non-exclusive jurisdiction of the Courts of Northern Ireland.