This Agreement applies to all photography services provided by the Photographer unless otherwise agreed in writing.

 

1. Definitions

In this Agreement:

 

“Agreement” means these Terms & Conditions together with the quotation, booking confirmation, estimate, invoice, project brief or purchase order.

 

“Client” means the person, company, agency or other entity commissioning the Shoot.

 

“Deliverables” means the final edited images or other final media supplied by the Photographer to the Client.

 

“Final Images” means the Deliverables selected and edited by the Photographer for delivery.

 

“Shoot” means the photography services described in the Agreement.

 

“Usage” means the permitted use of the Deliverables by the Client.

 

“Usage Period” means the period during which the Client may use the Deliverables, if limited.

 

“Territory” means the geographic area in which the Client may use the Deliverables, if limited.

 

“RAW Files” means all unedited camera files, negatives, working files, layered files, drafts, test images, previews, contact sheets and production materials.

 

“Working Materials” means all RAW Files, unedited files, edits, drafts, lighting notes, setup files and other production assets created in the course of the Shoot.

 

“Expenses” means reasonable travel, parking, tolls, congestion charges, accommodation, meals, assistant costs, prop costs, courier costs, equipment hire and other agreed out-of-pocket costs.

 

2. Scope and priority

2.1 The Photographer shall provide the services described in the Agreement with reasonable skill and care.

 

2.2 If there is any conflict between these Terms and the quotation, booking confirmation or written project brief, the written project brief or quotation shall take priority for that project, unless expressly stated otherwise.

 

2.3 Any variation to this Agreement must be agreed in writing by both Parties.

 

3. Booking and confirmation

3.1 A booking is confirmed only when the Client has accepted the quotation in writing and, where requested, paid any deposit or booking fee.

 

3.2 The Photographer is not obliged to hold any date until confirmation is received.

 

3.3 Any dates provisionally held may be released if another booking is received or if the Client does not confirm within a reasonable time.

 

4. Client responsibilities

4.1 The Client is responsible for ensuring that all locations, products, staff, talent, branding, styling, access, permissions, power, transport, parking, and other arrangements necessary for the Shoot are in place unless otherwise agreed.

 

4.2 The Client warrants that it has all necessary rights, licences, permissions and consents required for the Photographer to carry out the Shoot and for the Client to use the Deliverables as intended.

 

4.3 The Client is responsible for obtaining any location releases, property permissions, product permissions, trademark permissions, model releases, and third-party clearances unless the Agreement states otherwise.

 

4.4 The Client shall ensure that the working environment is reasonably safe and suitable for the Shoot.

 

4.5 The Client shall provide accurate information and shall not instruct the Photographer to use any content or materials that infringe third-party rights.

 

5. Copyright and ownership

5.1 The Photographer retains full copyright and ownership of all images and intellectual property created during the Shoot, in accordance with the Copyright, Designs and Patents Act 1988.

 

5.2 No copyright is transferred to the Client unless expressly agreed in writing and subject to payment of any agreed copyright assignment fee.

 

5.3 The Client is granted only the licence expressly set out in this Agreement.

 

5.4 The Photographer’s copyright notice, metadata, watermark, and attribution information must not be removed unless the Photographer agrees otherwise in writing.

 

6. Licence of use

6.1 Subject to full payment of all invoices, the Client is granted a non-exclusive, non-transferable, non-sublicensable licence to use the Final Images for the agreed Usage only.

 

6.2 Unless otherwise agreed in writing, the licence includes use on:

 

Client-owned websites.

 

Organic social media.

 

Digital marketing materials.

 

Printed marketing materials.

 

Public relations and editorial distribution relating to the Client’s business.

 

6.3 Unless expressly agreed in writing, the licence does not include:

 

Resale of images.

 

Transfer to third parties.

 

Stock licensing.

 

AI training datasets.

 

Machine learning datasets.

 

Generative image systems.

 

Synthetic media generation.

 

Facial recognition systems.

 

Product resale templates.

 

Use by partner brands or affiliates.

 

Franchise, group, or multi-site use outside the agreed business.

 

Paid media campaigns beyond the agreed scope.

 

Packaging use.

 

Television, broadcast or cinema advertising.

 

Any use outside the agreed Territory or Usage Period.

 

6.4 Any additional usage, extended Territory, or extended Usage Period may require an additional fee.

 

6.5 No licence is granted until all sums due have been paid in full.

 

7. Exclusive or extended rights

7.1 If the Client requires exclusivity, extended territory, extended duration, or sector-limited restrictions on the Photographer’s own use, this must be agreed in writing before the Shoot.

 

7.2 Any exclusivity is limited to the agreed sector, territory and duration only and does not transfer copyright unless expressly agreed.

 

8. Portfolio and self-promotion

8.1 Unless otherwise agreed in writing before the Shoot, the Photographer retains the right to use the Deliverables for portfolio use, website display, social media, studio marketing, awards submissions, editorial features, exhibitions, educational and promotional purposes.

 

8.2 The Photographer may identify the Client by name in connection with such use unless the Client objects in writing before the Shoot.

 

8.3 The Photographer shall not use the Deliverables in a way that is knowingly false, misleading, or unlawful.

 

9. RAW files and working materials

9.1 RAW Files are not included within the Deliverables.

 

9.2 RAW Files, unedited images, rejected images, test shots, layered files, lighting notes and Working Materials remain the sole property of the Photographer.

 

9.3 RAW Files or Working Materials will only be supplied if separately agreed in writing and may be subject to additional fees, restrictions and technical limitations.

 

10. Delivery and storage

10.1 The Photographer shall use reasonable efforts to deliver the Final Images within the estimated timeframe stated in the Agreement, but any dates are estimates only unless expressly stated as fixed.

 

10.2 Delivery may be delayed by factors outside the Photographer’s control, including client delays, venue restrictions, illness, equipment failure, file corruption, force majeure or third-party delays.

 

10.3 The Photographer may retain copies of Final Images and Working Materials for archiving purposes, but no guarantee is given that files will be retained indefinitely.

 

10.4 Any file restoration, re-export, re-delivery or archive retrieval requested after delivery may be charged at the Photographer’s standard rate.

 

11. Selection, editing and revisions

11.1 The Photographer retains creative control over lighting, composition, styling, editing approach and final image selection unless otherwise agreed in writing.

 

11.2 The Photographer is not required to deliver every image captured during the Shoot.

 

11.3 Final editing, colour grading, retouching and image selection shall remain at the Photographer’s professional discretion unless otherwise agreed.

 

11.4 The quoted fee includes one reasonable round of revisions unless otherwise stated.

 

11.5 Additional editing, retouching or revisions outside the agreed scope will be charged at £25 per hour, or such other rate as stated in the Agreement.

 

11.6 Requests that substantially alter the Photographer’s style, compromise quality, or are technically impractical may be refused.

 

12. Payment terms

12.1 Unless otherwise agreed in writing, invoices are payable within 14 days of invoice date.

 

12.2 A deposit or booking fee, if requested, is payable to secure the booking and is non-refundable unless the Photographer agrees otherwise in writing.

 

12.3 Commercial usage rights and delivery of Final Images are not granted until full payment has been received.

 

12.4 The Photographer may withhold delivery of Final Images, licences, final exports or high-resolution files until all sums due have been paid in full.

 

12.5 Late payments may incur interest and recovery costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

 

12.6 The Client shall be responsible for all bank charges, transfer fees, and any costs caused by failed or reversed payments.

 

13. Expenses and overtime

13.1 Any Expenses reasonably incurred by the Photographer in connection with the Shoot shall be payable by the Client where agreed or where reasonably necessary to perform the work.

 

13.2 The Client shall reimburse agreed travel, parking, tolls, congestion charges, accommodation, courier, assistant and equipment hire costs.

 

13.3 Overtime beyond the agreed Shoot duration will be billed at £100 per hour, or at the rate stated in the Agreement.

 

13.4 Any delay caused by the Client, venue, staff, talent, access issues, styling, preparation or approvals may result in additional charges.

 

14. Cancellations and postponements

14.1 If the Client cancels the Shoot:

 

more than 7 days before the Shoot: no cancellation fee, other than non-recoverable Expenses.

 

within 7 days: 50% of the quoted fee payable, plus any non-recoverable Expenses.

 

within 48 hours: 100% of the quoted fee payable, plus any non-recoverable Expenses.

 

14.2 Any deposit or booking fee may be retained in addition to cancellation charges unless otherwise agreed in writing.

 

14.3 If the Shoot is postponed or cancelled due to weather, travel disruption, illness, venue restrictions, force majeure or other circumstances beyond the Photographer’s reasonable control, the Parties shall act in good faith to reschedule.

 

14.4 If a rescheduled date cannot be agreed within a reasonable time, any non-recoverable Expenses shall remain payable.

 

15. Force majeure

15.1 Neither Party shall be liable for delay or failure to perform where caused by events outside its reasonable control, including severe weather, fire, flood, power failure, epidemic, industrial action, transport disruption, civil unrest, acts of government or equipment failure not caused by negligence.

 

15.2 If a force majeure event prevents the Shoot from taking place, the Parties shall seek to reschedule where possible.

 

16. AI and machine learning

16.1 The Client may not use the Deliverables for AI training, machine learning, generative systems, synthetic media generation or facial recognition without the Photographer’s prior written consent.

 

16.2 The Client shall not permit any third party to scrape, ingest, analyse or train systems using the Deliverables for those purposes.

 

16.3 Any permitted AI-related use must be separately agreed in writing and may require an additional licence fee.

 

17. Credit and alterations

17.1 Where reasonably practical, the Client shall credit the Photographer in editorial or published use.

 

17.2 The Client may crop or resize the Deliverables for layout purposes, but shall not materially alter, distort, heavily filter, rebrand, composite, recolour or manipulate the images in a way that is misleading or prejudicial to the Photographer’s reputation.

 

17.3 The Photographer asserts their moral rights under the Copyright, Designs and Patents Act 1988.

 

18. Data protection and privacy

18.1 Each Party shall comply with applicable data protection laws, including UK GDPR and the Data Protection Act 2018, where relevant.

 

18.2 The Client shall inform the Photographer of any privacy, consent, signage or notification requirements affecting the Shoot.

 

18.3 Where the Shoot involves identifiable individuals, the Client is responsible for obtaining any necessary model releases or consents unless otherwise agreed in writing.

 

18.4 The Photographer may process personal data only to the extent reasonably necessary to perform the services, manage the booking, deliver the Deliverables, and keep business records, subject to applicable law.

 

18.5 The Photographer may retain contact details, project records and invoicing information for legitimate business, legal and tax purposes.

 

19. Confidentiality

19.1 Any confidential commercial information shared during the project shall remain confidential and shall not be disclosed to third parties unless required by law or with the Client’s written consent.

 

19.2 This clause does not prevent the Photographer from displaying final approved work in accordance with Clause 8, unless specifically restricted in writing before the Shoot.

 

20. Liability and indemnity

20.1 The Photographer shall exercise reasonable skill and care in performing the services.

 

20.2 To the fullest extent permitted by law, the Photographer’s total liability arising out of or in connection with a Shoot shall be limited to the total fees paid by the Client for that Shoot.

 

20.3 The Photographer shall not be liable for indirect or consequential loss, including loss of profit, business interruption, loss of opportunity, reputational damage or loss of goodwill.

 

20.4 Nothing in these Terms limits liability for fraud, fraudulent misrepresentation, or any liability that cannot lawfully be limited or excluded.

 

20.5 The Client shall indemnify the Photographer against claims, losses, costs and expenses arising from materials, instructions, products, branding, locations or content supplied by the Client; the Client’s failure to obtain permissions, consents or releases; the Client’s unlawful or unauthorised use of the Deliverables; or any breach of these Terms by the Client.

 

20.6 The Client is responsible for maintaining appropriate insurance for its own premises, products, activities and personnel.

 

21. Subcontractors and assistants

21.1 The Photographer may use assistants, second shooters, retouchers or subcontractors where reasonably necessary.

 

21.2 Any such persons shall act under the Photographer’s direction unless otherwise agreed in writing.

 

21.3 The Photographer remains responsible for the overall performance of the services, subject to these Terms.

 

22. Independent contractor

22.1 The Photographer acts as an independent contractor and not as an employee, partner or agent of the Client.

 

22.2 Nothing in these Terms creates a partnership, joint venture or employment relationship between the Parties.

 

23. Severability and waiver

23.1 If any part of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force.

 

23.2 A failure or delay by either Party to enforce any right under these Terms shall not operate as a waiver of that right.

 

24. Entire agreement

24.1 These Terms and the Agreement contain the entire agreement between the Parties and supersede any prior discussions, drafts or representations.

 

24.2 The Client acknowledges that it has not relied on any statement not set out in the Agreement.

 

25. Governing law and jurisdiction

25.1 These Terms and any dispute arising from them shall be governed by the laws of England and Wales.

 

25.2 The courts of England and Wales shall have exclusive jurisdiction.

 

Optional add-ons

A. Full copyright buyout

If the Client requires full copyright assignment, this must be expressly negotiated in writing and shall only take effect once all agreed buyout fees have been paid in full. Any assignment shall be limited to the rights expressly transferred in writing.

 

B. Exclusive licence

Where agreed in writing, the Photographer may grant the Client an exclusive licence for a defined sector, territory and period. Exclusivity shall not apply beyond the exact scope agreed.

 

C. Interior and hotel photography

Where the Shoot involves interiors, hotels, venues or hospitality spaces:

 

Styling, room preparation, housekeeping and venue readiness remain the Client’s responsibility unless otherwise agreed.

 

The Client must ensure rooms are available and accessible at the agreed time.

 

The Photographer is not responsible for delays caused by guests, staff, occupied rooms, weather, maintenance, or venue operations.

 

Any props, branding, artwork or decorative items shown in the images must be cleared by the Client.

 

D. E-commerce photography

Where the Shoot involves products for e-commerce:

 

Minor colour variation may occur due to lighting, manufacturing differences and screen calibration.

 

The Client is responsible for providing accurate product information, labels, sizes and variants.

 

The Photographer is not responsible for manufacturing defects, packaging errors or product descriptions.

 

Any colour-critical matching requirements must be agreed in advance.

 

E. Model releases and consent

Where required, the Client shall ensure that written model releases or other consents are obtained before or at the time of the Shoot, unless otherwise agreed in writing.