Terms & Conditions

Private portraits – Terms & Conditions

Source material

It is the responsibility of the client to ensure he/she has obtained any necessary permissions for all reference materials or visuals supplied by the client and shall indemnify Laura McKendry against any and all claims and expenses including reasonable legal fees arising from Laura McKendry’s use of these materials. The photographer retains copyright of the photographic images, but gives his/her consent for Laura McKendry to work directly from these images and understands that the original photograph may be identifiable from the source material. Images and videos supplied to Laura McKendry will only be used as reference for drawing and will not be distributed more widely without the client’s consent.

Copyright

Laura McKendry retains copyright of all drawings including images shared electronically. Retention of copyright includes all reproduction rights, licensing rights and the right to claim statutory copyright. No artwork may be reproduced or copied (including screenshots or downloads) by the client without prior written approval of Laura McKendry. Clients are welcome to share drawings on their own Instagram feed but must credit @birdandbeast_art. Images should not be cropped, edited, or a filter applied in any way without prior written consent from the artist.

Reproduction

Laura McKendry retains the right to license reproductions of any artworks for UK or Worldwide use. She may use the animal’s name in licensing the image, unless otherwise agreed with the client, but no reference will be made to the client’s name or personal information. The client understands that he/she is not entitled to any profits received in respect of the licensing of reproductions of drawings created by Laura McKendry even where the work of art is created using the client’s animal or photographs.

Display

The client hereby allows Laura McKendry to display any images created using the client’s photographs or videos in her, and her agent’s, portfolio, literature, web site and advertising, including all forms of social media. Where the client has his/her own presence on social media, a direct link may be used to reference the client unless anonymity has been previously agreed.

Process

The client understands that the process of commissioning a portrait prevents any opportunity to direct the process or request alterations to the final portrait. Clients may indicate at the outset a preference of their own source photographs or examples of Laura McKendry’s previous work. Once commission terms have been agreed, changes to the brief by the client will incur additional costs. Commissions are only agreed on these terms.

Payment

It is understood that in supplying images to Laura McKendry the client is requesting a portrait to be drawn, but unless a deposit has been paid, Laura McKendry is under no obligation to fulfil this request. Payment is made using direct bank transfer or PayPal. Deposits are non-refundable unless Laura McKendry is unable or unwilling to complete the commission. The final balance is payable on completion.

Shipping
Shipping costs will incur an additional charge and prices start at £15.00 for fully insured UK couriers. International clients are responsible for paying any taxes or import duties on deliveries. If your item is lost or damaged, please contact Laura McKendry as soon as possible.

Returns
Returns on custom-made products, such as portraits, are not accepted.

Data protection

Name and contact information provided to Laura McKendry will only be used for the delivery of the drawing. It will not be shared with any third parties, not be used for direct marketing by Laura McKendry or Bird & Beast, and will not be stored for longer than required to complete the transaction.

Agreement to terms

In commissioning a portrait, or supplying images to Laura McKendry, the client understands and agrees to these terms and conditions unless otherwise agreed in writing directly with Laura McKendry.