Terms & Conditions
DEFINITIONS
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McDon Productions includes all divisions, trade names, and sub-brands, including but not limited to Badass Visuals, Bad & Bare, and any future subsidiaries.
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Deliverables include but are not limited to photographs, videos, designs, logos, brand strategies, websites, marketing campaigns, written content, and digital assets produced by the Company.
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Services means any creative, marketing, or strategic work performed by the Company, including consulting, design, production, or management.
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Client Materials refers to any information, logo, product, or media provided by the Client for use in the project.
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Agreement refers to these Terms together with any written proposal, invoice, or signed contract between the parties.
COPYRIGHT OWNERSHIP
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All creative work, concepts, drafts, mockups, photographs, designs, videos, code, and written materials created by McDon Productions remain the exclusive property of the Company until full payment has been received.
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The Company retains full copyright and moral rights in all Deliverables unless specifically transferred via a written Copyright Transfer Agreement.
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Upon full payment, the Client receives a limited license to use the Deliverables for the specific purpose outlined in the project agreement.
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Raw files, working files, project files, or unedited content (including RAW images, PSDs, AEPs, or website source code) remain property of the Company unless a buyout fee is negotiated.
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Unauthorized use, reproduction, resale, or modification of Deliverables is strictly prohibited.
LICENSES & USAGE RIGHTS
Standard License (Default)
Clients are granted a non-exclusive, non-transferable license for the intended use described in their scope of work. This typically includes:
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Use of designs, videos, or content for business promotion, websites, or marketing.
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Display on owned social media channels.
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Use in print or digital advertising where applicable.
Commercial License (Extended)
For deliverables intended for resale, franchising, or licensing (e.g., apparel, media distribution, advertisements for third parties), a separate commercial or extended license is required.
Restrictions
Clients may not:
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Sell, redistribute, or sublicense any Deliverable.
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Alter, reverse-engineer, or claim authorship.
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Remove Company watermarks or credits where applicable.
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Use Deliverables for unlawful, defamatory, or misleading purposes.
4. PAYMENT TERMS
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A non-refundable retainer (typically 50%) is required to secure any project or session.
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Remaining balances must be paid before final delivery of any materials unless otherwise agreed in writing.
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Invoices not paid within 7 days of the due date are subject to a late fee of 10% per month.
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The Client is responsible for all collection costs and attorney fees in the event of non-payment.
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Chargebacks, reversals, or payment disputes will be treated as theft of service and pursued legally.
5. PROJECT TIMELINE & REVISIONS
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Project start dates are subject to deposit receipt and Client-provided materials.
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Standard turnaround times vary by service type but are generally:
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Photography/Videography: 14–30 business days
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Branding/Design Projects: 21–45 business days
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Web Projects: 30–90 business days
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Revisions are limited to the quantity defined in the proposal (commonly 1–3). Additional revisions incur extra fees.
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Delays caused by the Client (e.g., slow feedback or missing materials) will extend timelines accordingly.
6. CANCELLATION & TERMINATION
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Deposits are non-refundable.
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Projects canceled by the Client after work has begun will be billed for the completed portion at the hourly or prorated rate.
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McDon Productions may terminate any agreement immediately if the Client engages in harassment, non-payment, or breach of contract.
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Upon termination, all rights to any Deliverables revert to McDon Productions until full payment is received.
7. CLIENT RESPONSIBILITIES
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Clients agree to:
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Provide accurate, lawful, and timely information.
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Obtain necessary permissions, releases, and licenses for all third-party materials provided.
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Refrain from unlawful or unethical use of delivered content.
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Ensure all public statements, testimonials, or reviews regarding McDon Productions are truthful.
8. CREATIVE CONTROL & PORTFOLIO RIGHTS
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The Client acknowledges that McDon Productions retains full creative discretion regarding style, technique, and artistic judgment.
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The Company reserves the right to use all Deliverables for:
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Portfolio, website, and social media display.
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Advertising, competitions, and industry recognition.
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Clients may request a Non-Disclosure or Privacy Agreement, subject to a fee (typically 25–40% of total project value).
