McFade Photography – Terms & Conditions

McFade Photography – Terms & Conditions

Last updated: 26th November 2025

1. Definitions

  • “Photographer” / “we” / “us”: McFade Photography, run by Adrian Wilson.

  • “Client” / “you”: The person or business commissioning the photography.

  • “Images”: Any photographs, videos, digital files, edits, proofs or deliverables supplied.

  • “Usage Licence”: The rights granted to you to use the images.

2. Copyright and Ownership

2.1. The Photographer retains full copyright and all intellectual property rights in all Images at all times.
2.2. No transfer of copyright is made unless agreed separately in writing and paid for.
2.3. You are granted a Usage Licence only (see Section 3).
2.4. The Photographer asserts moral rights under the Copyright, Designs and Patents Act 1988. Credit is appreciated but not mandatory unless agreed.

3. Usage Licence

3.1. Unless stated otherwise in writing, you receive:
A non-exclusive, non-transferable, perpetual licence for marketing, editorial, internal and digital use for your own business.

This includes:

  • Your website

  • Social media

  • Brochures and sales material

  • Press/editorial use promoting your business

  • Internal communications

  • Presentations

  • Tenders & bids

3.2. What’s NOT included (unless separately agreed):

  • Resale or commercial product use (e.g. merchandise, posters, paid ads for third parties)

  • Third-party campaigns (partners, suppliers, subcontractors)

  • Use by other businesses in your group unless agreed

  • Editing beyond cropping or basic adjustments that misrepresent the Photographer’s work

3.3. Images may not be given, sold, or licensed to any third party without written permission.

4. Delivery of Images

4.1. Images are delivered digitally via an online gallery or download link.
4.2. Delivery timeframe is normally 3–10 working days, depending on the project.
4.3. RAW files are not supplied unless agreed and priced separately.
4.4. The Photographer selects and edits the best Images unless a client selection process has been explicitly included in the agreement.

5. Client Responsibilities

5.1. You must ensure necessary permissions are obtained for all locations, people and property in the shoot.
5.2. You confirm that anyone photographed has consented, or that you have the authority to approve their participation.
5.3. You are responsible for health & safety compliance on your site, including PPE where required.
5.4. You warrant that any materials you provide (logos, designs, brand assets) do not infringe any rights.

6. Booking, Payment and Cancellation

6.1. A booking is confirmed once a date is agreed and a deposit or written acceptance is received.
6.2. Standard payment terms:

  • 50% deposit to secure the date

  • 50% on delivery of final Images

6.3. Cancellation fees:

  • More than 14 days before the shoot: no fee

  • 7–14 days before: 50% of the agreed fee

  • Less than 7 days before: 100% of the agreed fee

  • All expenses already incurred by the Photographer are payable in full.

6.4. If the shoot is postponed by the Client, the Photographer may charge reasonable rescheduling fees.

7. Late Payment

7.1. Invoices must be paid by the due date stated.
7.2. Late payments incur interest under the Late Payment of Commercial Debts (Interest) Act 1998.
7.3. We may suspend delivery or access to Images until overdue invoices are paid.
7.4. Administrative charges may be applied for repeated reminders.

8. Editing, Retouching and Rejection

8.1. The Photographer’s judgement regarding style, editing and selection is final.
8.2. Retouching beyond standard adjustments (skin work, object removal, composites etc.) may incur additional fees.
8.3. There is no right of rejection for style, composition or editing unless previously agreed.
8.4. Requests for alterations after delivery may be charged at our standard hourly rate.

9. Liability

9.1. We take reasonable care but are not liable for:

  • Loss of profit, business interruption or consequential damages

  • Acts beyond our control (weather, industrial action, illness, equipment failure, accidents, access restrictions etc.)

9.2. If we cannot complete a shoot due to circumstances beyond our control, our liability is limited to returning any money paid for services not delivered.
9.3. The Client agrees to indemnify the Photographer for any claims arising from misuse or unlawful use of the Images.

10. Indemnity for Releases and Permissions

10.1. You are responsible for ensuring all required rights, permissions, model releases and property releases are obtained.
10.2. You indemnify the Photographer against any claims related to missing permissions.

11. Storage and Archiving

11.1. We keep final edited Images for at least 12 months after delivery.
11.2. Long-term storage is not guaranteed; Clients should keep their own backups.

12. Use of Images for Promotion

12.1. Unless agreed otherwise, the Photographer may use Images for:

  • Portfolio

  • Website

  • Social media

  • Exhibitions

  • Competitions

  • Industry publications
    12.2. If an NDA or sensitivity applies, please notify us before the shoot.

13. Confidentiality

Both parties will treat commercially sensitive information as confidential and will not disclose it without permission.

14. Governing Law

These Terms are governed by English law. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

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