TERMS AND CONDITIONS

A. Definitions: “Photographer” refers to Colin Beck Mackay. “Client” refers to the commissioning party or company named above, its representatives, successors, assigns, agents and affiliates.
B. Payment: PHOTOGRAPHER PRIOR TO PUBLICATION MUST RECEIVE FULL PAYMENT. ANY USE PRIOR TO PAYMENT SHALL BE CONSIDERED AN UNAUTHORIZED USE. Client agrees that reasonable and stipulated amount which shall be paid by Client to photographer for use prior to receipt of payment by Photographer shall be three (3) times Photographer’s customary fee for such usage. 
C. Grant of Rights: Grant of reproduction rights hereunder is conditioned upon Client’s written acceptance of each term set forth in this agreement, including but not limited to, receipt of payment in full by Photographer and placing of the required copyright notice on each use of Photographer’s work. All rights not expressly licensed to Client in writing remain the exclusive property of Photographer. Unless otherwise stated above, duration of license is six times the periodicity of the publication or ninety (90) days which ever comes first. 
D. Space Rates: All usage is quoted as a minimum against space. Any additional space rate will be billed as such upon publication. 
E. Return of Photographs, Destruction of Digital files & Return of Media: Client assumes all risk for all photographic material supplied by Photographer from time of receipt by Client to time of actual receipt of photographs by Photographer. Client agrees to return all such material in undamaged, unaltered and unretouched condition within thirty (30) days of receipt, or if a License is granted, within three (3) months of receipt by client or by first publication date, whichever is sooner, or such other period as is stated in writing herein. Client agrees to destroy all digital files within one week of reproduction. If the files were sent on digital media, all such material must be returned in undamaged condition within thirty (30) days of receipt. 
F. Film and Digital Media Holding Fees: A holding fee of five pound sterling (£5.00) per item per day shall be payable from the return date until time of receipt by Photographer unless otherwise indicated
G. Copyright Protection/Credit Line: For Editorial use, credit line in the form Copyright “© 200* IRPHOTO in type no smaller than that of related text must appear adjacent to or within the photograph(s) or fee is tripled; Client acknowledges that such a triple fee is fair and reasonable for photographer’s loss of recognition and lack of copyright protection resulting from lack of, or improper, copyright notice/credit line. . 
H. Indemnity: Client hereby indemnifies and holds Photographer harmless against any and all liabilities, claims, and expenses, including reasonable legal fees, arising from Client’s use of Photographer’s work. Client assumes insurer’s liability (a) to indemnify Photographer for all loss, damage, or misuse of any photographs: and (b) to return all photographs prepaid, fully insured, undamaged, by registered mail or overnight delivery service. 
I. Loss or Damage: The loss or damage of original material will be charged at £500 per item. Photographer shall be entitled to recover reasonable legal fees incurred and related costs in enforcing Photographer’s rights under the Copyright Act under which the Photographer is awarded or granted damages. 
J. Alterations: Client will not make or permit any alterations, additions, or subtractions in respect of the photographs, including without limitation any digitalisation or synthesizing of the photographs, alone or with any other material, by use of computer or other electronic means or any other method or means now or hereafter known. 
K. Default: In the event of non-payment or other breach of this Agreement by Client, Client shall pay all of Photographer’s costs and expenses incurred in connection with enforcement of the terms of this agreement, including Photographer’s reasonable legal fees. 
L. Releases: Photographer is not responsible for obtaining model, property, or other releases in connection with any of the photographs licensed herein unless specifically stated herein. 
M. Copies: Client shall provide to Photographer five (5) copies of each use of the photographs no later than the date of first publication. 
N. Miscellaneous: Client may not assign or transfer this license. No alterations may be made in any of these provisions without the express written consent of the Photographer. 
O. Reshoots: Client will be charged 100% fee and expenses for any reshoot required by Client. For any reshoot required because of an act of God or the fault of a third party, Photographer will charge no additional fee and Client will pay all expenses. If Photographer charges for special contingency insurance and is paid in full for the shoot, Client will not be charged for any expense covered by insurance. A list of exclusions from such insurance will be provided on request. 
P. Cancellations: Cancellations and postponements: Client is responsible for payment of all expenses incurred up to the time of cancellation, plus 50% of Photographer’s fee. If notice of cancellation is given less than two (2) business days before the shoot date, Client will be charged 100% fee. Weather postponements: Unless otherwise agreed, Client will be charged 100% fee if postponement is due to weather conditions on location and 50% fee if postponement occurs before departure to location. 
Q. Governing Law: is UK Law. 
FULL PAYMENT DUE WITHIN seven (7) DAYS or PRIOR TO PUBLICATION WHICH-EVER OCCURS FIRST.