Terms and Conditions: The following terms and conditions would form an integral part of a contract between the supplier, Mark Bothwell, and those named as the client(s). This information would be supplied with all documentation concerning payment.

Copyright

Ownership and Rights: All photography created by Mark Bothwell on the designated work date remains the intellectual property of Mark Bothwell. This encompasses all photographic materials, including but not limited to, digital files, negatives, positives, prints, and any other type of physical or electronic rendition.

Client Usage Rights: The client is granted unlimited private use of all photography delivered as part of the commission. This includes the right to display, copy, and print the photographs for personal, non-commercial purposes.

Restrictions on Commercial Use: The client is not permitted to sell, lease, license, or otherwise distribute any of the photographs for commercial purposes. This includes use for promoting a business, product, service, or any other commercial entity or activity, unless explicitly agreed upon in writing with Mark Bothwell.

Third-Party Usage: Sharing of the photographs with a third party for the purpose of promoting a business, product, service, or organization is strictly prohibited unless prior written consent is obtained from Mark Bothwell. This condition applies irrespective of whether the sharing is for payment or free of charge.

Credit and Attribution: When photographs are used in a public domain, such as in editorial features, exhibitions, or competitions, attribution to 'Mark Bothwell' as the photographer is required, unless otherwise agreed upon.

Archiving and Preservation: While Mark Bothwell undertakes to store and archive the photographs securely, it is recommended that the client also maintains a set of backups. Mark Bothwell is not responsible for maintaining an archive of the photographs indefinitely.

Modification of Images: Altering, editing, or manipulating the delivered photographs by the client or any third party is not permitted without prior written consent from Mark Bothwell. This includes cropping, re-coloring, or any form of photo manipulation.

Force Majeure

In the unlikely event of unforeseen circumstances beyond Mark Bothwell's reasonable control, including but not limited to equipment failure, travel disruptions, serious illness, or injury, our liability will be limited to the refund of all payments received for the affected services. This clause is intended to address situations that are outside the normal risks inherent in every professional engagement. In such extraordinary circumstances, Mark Bothwell commits to working closely with the client(s) to find a mutually acceptable resolution, prioritizing the client's satisfaction while maintaining professional integrity.

Payment Terms

Upon confirmation of the booking request, a non-refundable initial payment, which is either 20% of the total fee agreed upon or a full payment as per the agreed terms, is required. This initial payment is essential for securing the commission. The details of this transaction will be clearly outlined in the invoice provided. Confirmation of the commission is established once the initial payment is received. This initial payment is an acknowledgment and acceptance of the terms and conditions outlined in this contract. Following this, no further payments are required until the presentation of the final balance invoice, if applicable. Please note that the information provided on the invoice constitutes the formal contract, and payment of the deposit signifies the client's agreement to these terms.

Cancellation Policy

In the event of a cancellation or rescheduling request by the client within 90 days prior to the designated work date, the full balance of the commission will be payable as outlined in the contract. This policy acknowledges the challenges and potential losses incurred due to late cancellations. If the client wishes to reschedule the commission, Mark Bothwell will endeavor to accommodate the new date, provided it falls within 12 months of the originally scheduled work date. It is a goal to be as flexible as possible in accommodating clients' needs, subject to availability and scheduling constraints.

Covid-19

In the event of postponement or date alterations due to Covid-19 restrictions, the commitment to fulfill the commission will be maintained. When the balance would have initially been due (one month before the original work date), 50% of the relevant amount is required, with the remaining 50% payable one month before the rescheduled work date. If a subsequent postponement occurs, the remaining 50% balance payment is still due one month before the second date, and upon payment, the account is considered settled. The photography services will be transferred to the new date until the work can be completed. No surcharges or additional fees will be added to the photographic fee as a result of postponements.

Editing and Final Selection Presentation:

The completion of the final selection typically takes up to 28 days, usually sooner. The photographs will be uploaded to a secure, password-protected folder on Dropbox, and/or transferred directly via WeTransfer, with no hosting responsibility or cost to the client. These images will remain online indefinitely. All photographs will be captured in high-resolution, 35mm digital format. The decompressed files can be up to 70MB in size at 300dpi, which translates to a print size of approx A3. It is strongly recommended to download and create multiple local backups of the full set.

Option for Post-Commission Review and Selection:

Presentation of Final Set: The final collection will be delivered as a meticulously curated and color-balanced selection of photographs.

Access to Unselected Photographs: Clients have the option to review any photographs that were not included in the final set. These photographs will be viewable in their original, unedited state.

Inclusion of Additional Photographs: Should the client wish to include any of these unselected photographs in the final collection, this agreement includes the complimentary service to color-balance and prepare up to 15 of these additional files, aligning them with the specifications of the main set.

Charges for Additional Work: If the client requests work on more than 15 additional photographs, charges will be incurred. A detailed quotation for this extra service will be provided beforehand to ensure transparency and client agreement.

Book Production Process:

Scope of Work: This section applies when the contract encompasses the design, printing, and delivery of a book product.

Initial Stage: Upon receiving the client's shortlisted selection of images for the book, a preliminary draft of the book's layout will be created.

Review and Revisions: The draft layout will be accessible online for the client's review. Clients are encouraged to provide feedback and change requests to refine and enhance the layout. This iterative process will continue until the client approves the final layout.

Finalization and Printing: Once the final layout is approved by the client, it will be sent for printing, with delivery within one month.

Pricing Stability: The cost per unit of the book(s), as agreed upon at the time of commissioning, will remain fixed for a period of three months from the commission date.

Price Adjustments Post 3 Months: Beyond this three-month period, we reserve the right to apply nominal price adjustments to the books, if necessary, to accommodate any increases in relevant production costs.

Legal Compliance and Moral Rights:

The client agrees to comply with all applicable laws and regulations when using the photographs. Additionally, the client acknowledges that Mark Bothwell retains moral rights in the photographs and agrees not to use them in a way that is derogatory to the artist's reputation or integrity.