Actor Headshot Terms and Conditions

TERMS AND CONDITIONS

Kirkpatrick Photography

(a) Kirkpatrick Photography retains the entire copyright of the pictures worldwide.

(b) Kirkpatrick Photography provides technical and artistic abilities for illustrating ideas through photography and grants the right to reproduce the pictures in a specific context. The Client does not acquire any property or copyright in the pictures.

(c) Kirkpatrick Photography asserts moral rights as the author of the work and the right to be credited, in accordance with the Copyright, Designs and Patents Act 1988.

Reproduction Rights:

(a) Reproduction rights are not exclusively granted to the Client unless specified on the invoice.

(b) Reproduction rights granted are personal to the Client and cannot be assigned or transferred to third parties, except for the purpose of exercising reproduction rights.

(c) Reproduction rights are granted as a license, and no assignment of copyright is implied.

(d) Kirkpatrick Photography reserves the right to refuse reproduction licenses to third parties upon Client's request.

Reproduction Rights Description:

The following terms describe the reproduction rights granted by Kirkpatrick Photography to the Client:

(a) Headshot Usage: Personal promotional use by actors/models (or their agents) in their capacity as actors/models, including web, print, casting directories, and personal social media profiles related to their career. Excludes paid-for advertising. Proper accreditation is required.

(b) Editorial placement: Prior clearance from Kirkpatrick Photography is necessary for editorial placement e.g. if a newspaper or magazine wishes to use an image a license and usage fee must be arranged through Kirkpatrick Photography.

Booking and Payment:

(a) Once a booking is made and a £30 deposit is paid, Kirkpatrick Photography will not accept other work for the reserved time and date.

(b) The deposit is deductible from the session fee, and the remaining balance is due 72 hours before the session. Rescheduling within 72 hours or on a second occasion results in the loss of the deposit, and the full session fee is payable on the new date. Cancellation at any point is non-refundable. The deposit is valid for 12 months from the first payment and is non-transferable.

(c) If session fees have increased since the original booking, updated shoot fees will apply upon rescheduling.

(d) Clients can reschedule once without losing the deposit. For a second rescheduling, a new deposit is required.

(e) Kirkpatrick Photography reserves the right to rearrange, cancel, or postpone a session, with the deposit fully repayable.

(f) Final payment is non-refundable.

(g) Cancelling within 24 hours of the session incurs a 50% fee of the total session amount.

(h) Cancelling on the day of the session incurs the full session fee.

(i) If the full fee is not paid 72 hours before the shoot, Kirkpatrick Photography may offer the agreed shoot to another client, and the original client forfeits the deposit.

Reproduction Rights and Payment:

(a) The Client's right to reproduce a picture arises only after full payment of the related invoice, including any interest charges on late payments. Reproduction before payment constitutes an infringement and breach of the Agreement, entitling Kirkpatrick Photography to rescind the Agreement and claim damages.

(b) The Client can select a specific number of photos to be retouched and used according to the agreed terms. The selection must be made within 6 months of the session.

(c) Failure to make payment as specified may result in the rescission of the Agreement and the application of interest under the Late Payment of Commercial Debts (Interest) Act 1998.

(d) If any invoice remains unpaid by the Due Date, all unpaid invoices become immediately due, even if less than 30 days from the issue date. Kirkpatrick Photography may consider these invoices as overdue when pursuing legal action for debt recovery.

(e) Overdue invoices may result in the suspension of ongoing services, with notification to affected third parties.

(g) Kirkpatrick Photography does not release unedited photos to clients. Additional edited photos beyond the agreed amount can be purchased for an additional fee.

Inspection and Alteration:

(a) In certain circumstances (death, bankruptcy, resolution, etc.), Kirkpatrick Photography may inspect records related to picture reproduction to ensure compliance with granted reproduction rights.

(b) No alteration or adaptation of a picture may be made without written permission from Kirkpatrick Photography.

(c) Retouching is done at the discretion of the company, and client-provided retouching notes are not guaranteed.

(d) There is no right to reject based on style, composition, or editing unless a rejection fee has been agreed upon.

(e) Re-editing expired images incurs a charge of £10 per image.

Limitation of Liability:

(a) Kirkpatrick Photography takes reasonable care but shall not be liable for any loss or damage arising from the use or reproduction of any picture or its caption.

(b) The Client agrees to indemnify Kirkpatrick Photography for any claims, damages, or costs resulting from the unauthorized reproduction of pictures.

Governing Law and Variation:

(a) This Agreement is subject to and governed by English Law, and both parties accept the exclusive jurisdiction of the Courts of England.

(b) No variation of the terms and conditions is effective unless agreed upon in writing by both parties.

Refunds are not offered, but in exceptional circumstances, a reshoot may be provided.

Payment is normally made to Charles Kirkpatrick via bank transfer or cash on the day of the shoot, as specified in the booking information.