McKay Williamson Terms and Conditions
1. General Terms
1.1. McKay Williamson (Art Gallery Creative Agency Ltd) is a creative agency and each Project produced is unique to the family that commissions the Project. There are a wide variety of options and decisions that shape each Project. In
cases where Projects differ from the terms outlined in this document, any written documentation from the Founder of McKay Williamson will supersede the terms and conditions outlined here.
1.2. McKay Williamson reserves the right to periodically update and supersede these terms and conditions.
1.3. McKay Williamson provides an artistic service, and like all other art, the nature of it is subjective. Whilst McKay Williamson tries to be faithful to client requests, McKay Williamson provides no discounts to its billing policy, and will almost always charge additional fees to amend projects to the client’s preferences, as all artistic endeavours are subject to interpretation.
1.4. With most McKay Williamson projects the approach is twofold – Development and Production. Development refers to the time it takes to develop the unique idea, and to then share the vision and budget
for that specific idea. Production refers to the physical creation/realization of that idea.
1.5. All Development fees are required in advance, as well as some Production projects (such as Fine Art and Event Work), although some Productions are paid in segments, as outlined below.
1.6. The Client will be notified when their Projects are complete and ready to collect. Final payment must be made no later than 30 days from the date of this notification. Final payment for all Projects must be
received before delivery or collection of the end product Deliverables). It is recommended that all bespoke physical deliverables are collected in person from the studio.
1.7. Please make cheques payable to Art Gallery Creative Agency Ltd, or transfer funds to Art Gallery Creative Agency Ltd, account 8356 4886, sort code 20 76 90. McKay Williamson reserves the right to require cheques to clear before starting work on a Project and / or delivering Project materials as appropriate.
1.8. On Projects where there is a pre-agreed deadline McKay Williamson will advise the Client consistently on the right decisions and timetable to ensure the Project is completed and ready to deliver by this date. Both McKay Williamson and the Client will make all reasonable efforts to follow this timetable; nevertheless, McKay Williamson accepts no liability if a project deadline is missed.
1.9. Where the Client provides materials for inclusion within a Project, the Client warrants that it has the right to provide those materials for the purpose contemplated and indemnifies McKay Williamson against any claim from a third party that the use of such materials breaches the rights of any third party.
1.10. Copyright and any other intellectual property rights in any materials provided to McKay Williamson by the Client for the purpose of a Project shall remain with the Client or the Client’s licensors as appropriate. Unless otherwise agreed in writing by McKay Williamson copyright and any other intellectual property rights in any materials created by McKay Williamson during a Project shall be the exclusive property of McKay Williamson and reproductions of any such materials shall be subject to the prior written consent of McKay Williamson.
1.11. All creative work remains the property of McKay Williamson. All images and designs are protected by UK Copyright Law. Reproductions of any kind are strictly prohibited (except where copyright has been purchased). All films are produced for private family use. All unauthorised use including but not limited to copying, public performance, general broadcast, internet usage, sharing via social media or any other diffusion or otherwise dealing with this film or any part thereof is strictly prohibited.
1.12. McKay Williamson reserves the right to use all of it’s creative work as examples of our work during private meetings or for display on our internal walls, but will seek expressed permission before using them for
any public purpose such as our website or brochure.
1.13. Media - Whilst McKay Williamson strives to safeguard archive media in our possession, it is the Client’s responsibility to ensure that the Client has retained back up copies of media supplied by the Client to McKay Williamson. All media is supplied at the client’s own risk and McKay Williamson accepts no responsibility for any loss or damage to Client media.
1.14. Inactive Projects and Storage Fees - The storage of client media and/or client Projects either digitally or physically is only free whilst the Project is Active. If the Project becomes Inactive for more than 1 month, or if it has been completed and the Client has not arranged collection of their media or deliverables, McKay Williamson will charge £100 per month for storage while the Project is Inactive. A project is considered Inactive when McKay Williamson has been unable to proceed with the Project for a period of 1 month; generally because McKay Williamson is awaiting Client feedback to proceed with the Project. The client will be notified if their Project becomes Inactive. If no material work or progress is made on any given Project for 12 months, then McKay Williamson reserves the right to consider the Project cancelled and to retain any fees paid and also to charge the Client an additional sum (based on McKay Williamson’s standard hourly rates) if the fees paid do not cover the work that has taken place. Once a project is considered cancelled or has been completed for more than 12 months, McKay Williamson reserves the right to delete any remaining files associated with the project and dispose of any remaining media in storage.
1.15. Protection of McKay Williamson Business - The client recognises McKay Williamson as the Producer of the project, McKay Williamson will be fully responsible for managing the Project. The Client is aware that this contract prohibits any private contract or remuneration with McKay Williamson personnel either a) during the period of the contract or b) 12 months after the contract expires. Any breach of this agreement will result in McKay Williamson seeking damages to the extent of £10,000 plus the most recent projected Estimate of the Project. An introduction is deemed to be made by McKay Williamson once sufficient information has been disclosed for the client to identify the McKay Williamson personnel introduced (unless the Client already has a connection with the McKay Williamson personnel and so informs McKay Williamson within 24 hours, and, if requested, provides documentary evidence). Subject to the above, this contract is not exclusive, and McKay Williamson remains at liberty to provide services to third parties.
1.16. Confidentiality - Each party will keep any confidential information disclosed by the other or by the Client strictly confidential. Neither party may use or take advantage of any such confidential information without the discloser’s consent, even after the end of this Agreement. This obligation does not apply to (i) information known to the receiver before disclosure by the other party, or (ii) information which becomes public knowledge without fault on the part of the receiver, or (iii) disclosures made to the extent required by some applicable legal or regulatory requirement.
1.17. McKay Williamson e-mail policy - Your email will only be used to send updates about your current projects or the McKay Williamson business, and will not be passed onto any third party, without prior consent by you.
1.18. Accessing your personal information - If you wish to review any personal information that McKay Williamson maintains about you, please email us at info@mckaywilliamson.com and we will post all the information by mail.
1.19 Force majeure - If McKay Williamson is obstructed in performing any of its obligations by an event outside its reasonable control, then performance to the extent obstructed is suspended for so long as the
obstruction continues.
1.20. Screenings - Screenings to review creative work are held at the McKay Williamson studio. To reschedule a screening, please give 24 hours notice or an admin fee of £81.25 + VAT will be charged.
1.21. Project files may be deleted from 1 month after delivery. Before this date, minor amends can often be very inexpensive to make, and whilst McKay Williamson would usually charge for these amendments, they can be so small that McKay Williamson chooses not to do so. Reproducing or amending the files after that date may require extensive work or be impossible. Clients are therefore strongly advised to let McKay Williamson know immediately of any dissatisfaction.
1.22 General Cancellation Policy – The Client has right to cancel the Project for up to 14 days after the day on which the Project was purchased provided the work is not personalised (eg. orders for preexisting art and design). There is no right of cancellation for the supply of goods and services that are custom made to the client’s specifications once the order has been placed. This includes but is not limited to all design work, photography, video editing, film-making, creative consultations, physical DVDs, CDs. USBs, Albums, Books,
Frames, Prints, Canvasses, Acrylics, Aluminiums, Diasecs and all applicable commissioned artwork/sculptures.
1.23. Cancellation Process - Cancellation must be done in writing and can be either emailed to the project Producer or to info@mckaywilliamson.com. Cancellation forms can be provided on request. The client will be reimbursed on any payments relating to the project within 14 days of notice of cancellation.
1.24. Performance of Services and/or Deliverables during the cancellation period – Clients will be liable for the full cost of any services performed or products delivered up to the time of cancellation during the cancellation period.
1.25. These Terms and Conditions are governed by the law of England and Wales, and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.
2. Creative Meetings
2.1. The purpose of creative meetings are to explore creative options and ideas with the client and to help them find a vision and budget for a creative project that they are happy with for their family. This can
involve, but is not limited to, calls, emails and meetings between the client and McKay Williamson.
2.2. After the Creative Meeting fee has been paid, the Client has 6 months to agree a Project; once this Project is agreed, the Creative Meeting fee will be applied directly to this Project.
2.3. If the Creative Meeting concludes with Development, the client will note that Development fees are not applied to the Project.
2.4. McKay Williamson will make all reasonable efforts to ensure that the creative meeting takes place and the client is given the opportunity to commission a project. If the client is unresponsive to calls and emails for 3 months, McKay Williamson reserves the right to assume that the client is no longer interested and will cease contact. No refund will be due.
2.5. The creative meeting fee is non refundable (except as outlined in the General Cancellation Policy in section1). This includes circumstances where the client decides not to commission a project and/or decide to cancel the scheduled meeting and/or decide they no longer want to discuss the ideas.
3. Development
3.1. Development refers to the process of presenting a creative idea or ideas with a clear budget to the client. This can involve, but is not limited to, phone calls, email, research, creation of designs/artwork and meetings between the client and McKay Williamson. Development fees do not include cost of Production (eg. producing the physical creation of the idea)
3.2. The Client is expected to make themselves available for their Development meeting/review of proposals within 1 month of the commission. The Client shall give McKay Williamson such cooperation, information and access as are reasonably necessary for the proper development of the Project.
3.3. Project Development fees are an estimate and in some cases more Development time will be required to realise the creative vision and estimate for the project. In these cases, any budget changes will
be agreed in advance with the client.
3.4 All Development fees are non refundable (except as outlined in the General Cancellation Policy in section1). This includes circumstances where the client decides not to commission a project, the client
decides to cancel the next meeting or decides they no longer wish to pursue the Idea or Project.
3.5. Once Development is completed, the Client has no obligation to commission the Project.
3.6. Any designs and physical work created within Development are the intellectual property of McKay Williamson. The client can buy the purchase the copyright to work produced in development (eg.
designs, measurements) for an additional fee.
3.7 All Development budgets are valid for 3 months, at which point the quote will expire and the project may need to be requoted if the client wishes to proceed with the Project.
4. Photography, Shoots and Screenings
4.1. Photo Shoots
4.1.1. All Shoots require an initial shoot fee, which entitles the Client to a shoot with an McKay Williamson photographer at an agreed time and location. Outside the central areas of London and Manhattan, travel
fees will apply, these fees are available upon request.
4.1.2. Scheduling - shoots are rescheduled free of charge due to inclement weather. If a Client needs to reschedule due to any personal reason and 72 hours’ notice is not given, the normal shoot rate that would apply on that day will be charged.
4.1.3. McKay Williamson will make every reasonable effort to ensure a photographer is available at the agreed time and location; however, if the photographer is unavailable at the agreed time and location, the limit of McKay Williamson’s liability will be to arrange a replacement shoot free of charge.
4.1.4. Shoot fees do not include the copyright of the photographs taken, which are the property of McKay Williamson.
4.1.5. Shoot fees are valid for 12 months from the original date of photo shoot project commission. McKay Williamson will make itself reasonably available during this time. Standard shoot fees are non-refundable
(except as outlined in the General Cancellation Policy in section), regardless of whether the shoot takes place. McKay Williamson makes an exception in the case of the purchase of photo shoot gift vouchers, which are fully refundable for up to 3 months after the date of purchase if the designated recipient does not wish to have a photo shoot.
4.2. Photography Screenings
4.2.1. Screenings of the photographs are held at the McKay Williamson Studio, and generally require up to 3 hours. The Client is expected to make themselves available within 3 months of the Shoot. If no order is placed within 3 months of the shoot, the project will be considered inactive and will be subject to McKay Williamson inactive project policies as outlined in Section 1 - General Terms
4.2.2 During the screening, the Client will have the option to commission frames, albums, installations, Fine Art, design work or other Projects. The Client will be notified when their Projects are complete and ready to collect. Projects can be delivered to the location of the Client’s choice for an additional fee. Quotes for delivery are available on request.
4.2.3. Projects that require quick delivery are available at a 25% surcharge.
4.2.4. McKay Williamson does not produce contact sheets.
4.2.5. Once custom made physically deliverable items have been commissioned at the photography screening, there are no refunds or rights of cancellation.
4.2.6. During screenings, Clients may choose to commission the Development of a Design, Installation, Fine Art or other Project. The terms outlined above in Developments will apply.
5. Installations
5.1 Installation Development
5.1.1. As outlined in clause 3. Development, the following additional terms relate specifically to Installations
5.1.2. For the agreed Installation Development fee, McKay Williamson will visit the client’s home, measure the relevant walls/spaces and then present a design proposal detailing the shape and frames for the Installation.
5.1.3. If the walls/spaces exceeds McKay Williamson’s original understanding of the Project, additional Development fees may be required.
5.1.4. The Development fee does not include the production of frames for the installation or the cost of hanging the frames.
5.1.5. Once measured, the Client should have an Installation design proposal to approve within 4 weeks; the Client is not obligated to approve the Installation design proposal and commission the Installation Production stage.
5.2 Installation Production
5.2.1 An Installation design is visually representative of the final piece, but some actual frames will differ in detail to those represented in the design; the purpose of Installation design is to represent the visual concept – not the detail of specific frames. McKay Williamson has over 25,000 framing options, and could not reasonably have all 25,000 available digitally (as well as stock issues).
5.2.2 Within Installations, all frames are custom-made for the Project – no off-the-shelf frames are used except those cast in certain metals such as silver. Once an Installation Production has been commissioned,
the Client is liable for the entire fee. There are no rights to refunds or cancellation.
5.2.3 Frames will be ready between 6 to 10 weeks from the time of ordering. The Client will receive a phone call when their Installation Production is complete and ready to collect. On Client request, McKay Williamson can arrange for projects to be delivered via courier to the location of the Client’s choice for an additional fee. Quotes for delivery can be provided on request. McKay Williamson takes no responsibility for any damage caused in transit by a courier.
5.2.4 Hanging – McKay Williamson is a creative agency and does not hang frames. McKay Williamson can recommend specific frame hangers based on recommendations from previous Clients; however, McKay Williamson does not guarantee the work of any hanger and will not be held liable for any faults or damage caused in the hanging stage of a project.
6. Fine Art Projects
6.1. Fine Art quotes are always shared independently of framing. Frames are an additional and separate fee. Quotes can be provided on request.
6.2. When commissioning Fine Art work, the client is commissioning a specific artist and their unique expertise. Unlike most McKay Williamson projects, the artist personally retains the intellectual property
and copyright of the artwork produced.
6.3. Any amendments to Fine Art work are performed at the discretion of the artist. On some occasions, an artist may be unwilling to make amends requested by a client to the piece for artistic and creative reasons. McKay Williamson will always support the artist in this position.
6.4 The Client will be notified when their Projects are complete and ready to collect from the studio. On Client request, McKay Williamson can arrange for projects to be delivered to the location of the Client’s choice via courier for an additional fee. Quotes for delivery are available on request. McKay Williamson takes no responsibility for any damage caused in transit by a courier.
7. Film-Production projects
7.1. Film-Production Project Quotes - Initial quotes are based on an estimate of time required to create the finished film. The estimate is based on several variables including the number of filming days, the type of filming required, the quantity of footage to be produced, the amount of client media to be received and the level of creative input expected for the finished film. If these variables change, the budget for the Project will change. McKay Williamson will notify the client of any proposed changes to the budget in advance.
7.2. During the project McKay Williamson will keep a logged time of all activity including but not limited to preparation, research, travel, filming, all location time (including all working time on location whether actively filming or not), digitizing, editing, viewing, changes and DVD making. The Client is responsible and liable to pay the hourly fees for all logged hours worked on their Project, plus out of pocket expenses at cost.
7.3. The estimate is valid for 12 months from the moment the Project is commissioned. Any additional work agreed on during that period will be charged at the rates outlined on the initial order confirmation. After
12 months, any work performed will be estimated based on the updated hourly rates for the then current year.
7.4. Film-Making Schedule - the Client is responsible for agreeing with McKay Williamson a detailed and accurate schedule of events at least 1 week in advance of any activity. If a filming day is rescheduled with less than 72 hours’ notice, the full cost of the scheduled filming will be charged.
7.5. Any filming days that require outdoor filming are rescheduled free of charge due to inclement weather. The decision on whether a filming day needs rescheduling due to inclement weather is taken by McKay Williamson.
7.6. Film-Making Crew - where filming days are over 6 hours, the crew is entitled to a minimum 30 min break. The Client is expected to provide basic refreshments for the crew during the day, or to inform McKay
Williamson beforehand so that McKay Williamson can organise it beforehand.
7.7. Film-Making Days - McKay Williamson cannot be held responsible for circumstances which sabotage any film-making such as, but not limited to: a) the Client’s failure to provide accurate schedule of events or adequate notice of any changes that arise; b) inclement weather or otherwise poor filming conditions; c) restrictions placed by any venue or security officials; d) disruptions in live sound recording caused by others, planes, etc. Whilst every effort is made to provide excellent coverage, McKay Williamson does not guarantee to capture any specific item of footage and the film-maker’s judgments regarding conditions and what is captured shall be deemed correct. To the maximum extent permitted by law, McKay Williamson’s liability for any error in the performance of its services shall be to promptly re-perform its services when possible.
7.8. World According To Kids Projects (WATK) - For information/terms and conditions relating to the World According to Kids Project, please visit http://mckaywilliamson.com/watkfurtherinfo.
8. Media Edit (Books, MP4s and DVD Projects)
8.1. Initial quotes are based on an estimate of the amount of time required to create the Project(s). The estimate for time is based on several variables including the quantity and type of media, the level of creative input, the intended creation format (book, DVD, MP4 etc) expected for the finished Project(s). If these variables change, the budget for the Project will change. Any changes will be confirmed in writing by McKay Williamson.
8.2. The estimate is valid for 12 months from the moment the Project is commissioned. Any additional work agreed on during that period will be charged at the rates outlined on the initial order confirmation. After
12 months, any additional work commissioned will be estimated based on the updated hourly rates for the then current year.
8.3. The estimate is based on several assumptions and final costs may vary in certain circumstances including (without limitation):
8.3.1. When media is added to the Project after commencement.
8.3.2. For video based projects, where the video is pre-edited.
8.3.3. For video based projects, where more than 4 - 6 minutes of edited material is expected from each hour of video.
8.3.4. Client requests changes to the creative brief or other requests that require additional time through viewings, changes or creative contribution that is not achievable from the initial estimate.
8.3.5. The time that McKay Williamson spends on a Project will be logged on a Project time sheet, which may be inspected by the Client at any time.
8.4. In cases where the budget will increase by more than 10%, McKay Williamson will notify the Client and either agree a new estimate (each party acting reasonably) or agree to move to an hourly rate billing approach (or the Client may choose to cancel the Project subject to a cancellation fee as set out in the cancellation schedule below). In the case of an hourly rate billing approach, McKay Williamsonwill log all time spent on the Project and charge at McKay Williamson’s normal rates as applicable and advised to the Client from time to time. McKay Williamson will confirm and agree any increases to the Project estimate before performing such work. The Client is responsible and liable to pay the hourly fees for all logged hours worked on their Project, plus out of pocket expenses at cost.
8.5. For projects requiring music, if the Client gives McKay Williamson permission to select music, it is expected the Client will accept selected music or charges for any alterations.
8.6. At the final viewing, it will be the Client’s responsibility to identify any changes or potential mistakes, eg spelling. Once the Project is approved for final production by the Client, any changes will incur additional fees, and due to the nature of final production will require more time or expense than had the changes been made prior to production.
8.7. Client Satisfaction - If the final DVD, MP4 or Book is completed and not to Client satisfaction this must be acknowledged within 14 days of delivery via email or phone. Unless agreed otherwise in writing, any additional creative work will be charged at our standard hourly rate and the cost of production will be incurred again.
9. Technical specifications
9.1. Some media formats including video tape based formats and digital video (the most common home video format) may cause pixilation when viewed on large plasma and LCD TV’s.
9.2. DVD projects - McKay Williamson produces DVD projects on DVD-R, the industry format for burning DVDs. This is a different process than glass-mastering DVDs, which is how retail DVDs are produced. Whilst
95% of DVD players currently produced can read DVD-R, be aware that some models and many older players cannot read this format. In these cases, the DVD player is incompatible, and should be replaced.
9.3. MP4 Projects - MP4 projects are delivered on a USB memory stick or via email as a downloadable file. MP4 files are designed for viewing on either a laptop, iPad or iPhone. Some computers, smart phones and
other technology may not be able to read this format of file. Certain MP4 files made from our HD production projects are best viewed on large screens, including large TV's.
