Client Agreement - Terms and Conditions
Please read these Terms and Conditions prior to commissioning Melissa Cormack Photography for your photographic or cinematographic project.
These Terms and Conditions, together with a quote, are a contract between Melissa Cormack Photography and the client.
The notes and special conditions of the quote delete, amend or add to the clauses in these Terms and Conditions. In the event of an inconsistency, the quote shall take precedence over these Terms and Conditions to the extent of that inconsistency.
Melissa Cormack Photography, the photographer/cinematographer, will hereby be referred to as MCP.
Entering into Contract
No verbal agreements are entered into or binding under any circumstances. All offers and agreements are to be put in writing and signed by all parties. In booking MCP, you are making this choice due to MCP’s particular creative and personal style. Please do not expect MCP to shoot in any other way than that of which you have seen unless MCP states otherwise. Unless agreed in advance, it is understood that MCP is the exclusive official photographer/cinematographer contracted to perform the photographic/motion picture services requested.
Specifications for image formats and file sizes
All images are edited and enhanced individually. Prints purchased will be accompanied by a matching digital jpeg in the same size, unless specified otherwise in the contract (i.e. 7”x10”). A highlight video will be shared online for cinematography clients. All final work that is purchased is provided in printed products as ordered and paid in full by the client.
Sourcing models or talent and responsibility for payment and release forms
It is the responsibility of the client to ensure that all models or talent appearing in the client’s photos, sign the appropriate model or talent release, if required. A release form can be provided by MCP upon request. The client will be responsible for payment to any models or talent used in the photography.
It is the responsibility of the client to ensure that an authorised representative is present during the photography/cinematography for the client. If no authorised representative is present, then MCP’s interpretation shall be accepted. MCP will endeavour to work within client requests, but MCP will maintain creative direction of the shoot. No commitment is made to create and present any specific image or variation in processing.
Cancellations and Postponements
The Client is responsible for payment of all expenses incurred up to the time of the cancellation. In addition, MCP shall at her discretion be entitled to charge a cancellation fee equal to 20% of MCP’s fees.
Rescheduling of shoots due to weather is at the discretion of MCP. The decision to reschedule will be based on the location and the severity of the weather. MCP may substitute another photographer to take the photographs in the event of MCP’s illness or of scheduling conflicts. If substitution occurs then MCP will endeavor to provide a competent professional.
Licencing and copyright details
All photo/video shoots and related works, created by MCP, are the copyrighted property of MCP unless a formal written agreement is entered into by both parties and the applicable fee paid in full. MCP retains the copyright to all images, videos and derivative works thereof and reserves the right to use these images for advertising, or any other purpose. The client agrees that he/she may not provide these images to another agency or selling representative. Negatives, digital files, and previews remain the exclusive property of MCP.
I, Melissa Cormack, copyright holder of all images/video taken by Melissa Cormack Photography, hereby grant permission for the client to make prints, enlargements or upload online, of my photography for their related purpose, from their copy of digital Jpeg as provided (by CD/DVD, email, or web link).
NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs or videos elsewhere without MCP’s permission. MCP does not allow the use of any cameras or recording devices outside of that being used by MCP during the course of the session.
By accepting these terms and conditions and the relevant quote, the client agrees that MCP shall not be liable for any legal action or damages arising from the use of the images provided to the client. If MCP cannot uphold the duties of this contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to MCP’s illness or emergency, then MCP shall return any deposit or sitting fee to the client but shall have no further liability with respect to the contract. This limitation on liability shall also apply in the event that photographic/video materials are damaged in processing, lost through camera or media malfunction, or otherwise lost or damaged without fault of MCP. In the event that MCP fails to perform for any other reason, MCP shall not be liable for any amount in excess of the contract price at the time of the Client’s booking. Any images/video that may have been delivered will be returned to MCP and not used by the client in any form.
Commercial clients - 30 days from date of invoice.
Other Clients - Prior to or on the day of the photoshoot.
Deposits - A 50% deposit is required on projects over $5000.00. All other projects require a 20% deposit to secure booking.
Payment methods - Payment can be made by cash, cheque, direct deposit or bank transfer.
Products will not be ordered until payment has cleared.