Terms & Conditions

GENERAL

This Agreement represents the complete understanding between the Photographer and the Client, overriding any prior or simultaneous agreements between them. Only written changes or modifications, attached, dated, and signed by both the Client and the Photographer at the contract acceptance time, will be acknowledged as amendments to this agreement.

The Photographer's Agreement comprises the sole terms and conditions applicable to the Photographs and the Works. Unless the Client provides prior written notice to the Photographer, the individual placing or signing the order on behalf of the Client is presumed to have the authority to do so. In cases where the Client opts not to rely on email confirmations, hardcopy paperwork must be provided; in the absence of such documentation, the email correspondence will be legally considered a contract.

COPYRIGHT

The Photographer maintains full copyright ownership of the Photographs and Works globally. In instances where reproduction of the Works has occurred without settlement, the Photographer will levy charges to the publisher in accordance with the Copyright, Designs, and Patents Act 1988. 

The Client acknowledges that unedited images or RAW files will not be released under any circumstances.

USE

The Photographer retains copyright ownership of the images as detailed in section 2. The License to Use grants the Client the right to use the Photographs and Works for business services, personal use, or other purposes, with the condition that the Photographs and Works remain unedited. Third parties may utilize the images, Photographs, and Works created by the Photographer, with the stipulation that no significant edits are made (Superficial editing, as well as the use of presets and filters, is allowed).

The License to Use becomes effective upon payment of the relevant invoice(s) and is applicable exclusively to final images. The use of the Photographs is restricted until full payment of the relevant invoice(s) is made, unless expressly allowed in writing by the Photographer.

Any previously granted usage permissions will automatically be revoked if full payment is not received by the due date. In instances where the Agreement imposes restrictions, permission for alternative uses of the Photographs may be granted upon payment of an additional fee, to be mutually agreed upon. A written agreement must be reached with the Photographer before using the Photographs for other purposes.

In the event that the Photographs are utilized in a manner that breaches the License to Use, additional charges will be levied. Reproduction rights are provided exclusively through a license, and no implicit or partial assignment of copyright is inferred.

INDEMNITY

The Client is responsible for ensuring that all necessary rights, model releases, clearances, or consents required for the reproduction of individuals, locations, or items depicted in any Works are obtained. It is acknowledged that the Photographer provides no warranty or assurance regarding the acquisition of such rights, releases, or consents, whether concerning names, individuals, trademarks, registered or copyrighted designs, or works of art depicted in any image.

The Photographer is obligated to secure such clearances only if expressly agreed upon in writing before the photo shoot. In all other instances, the Client shall indemnify the Photographer against all expenses, damages, claims, and legal costs arising from any failure to obtain such clearances.

The Photographer shall not be held liable to the Client for any loss of profit, contracts, business or revenues, production loss, or any indirect, special, or consequential losses, damages, costs, expenses, or other claims, whether due to the negligence of the Photographer, Photographer's employees, agents, or subcontractors, or otherwise, arising from or in connection with the photo shoot.

The Photographer's maximum aggregate liability for all losses, damages, costs, claims, and expenses arising from or in connection with this Agreement shall be limited to the total amount of fees paid to the Photographer for the relevant assignment.

PAYMENT

A non-refundable booking fee of 20% is required from The Client to confirm a photoshoot reservation. Any date discussed between The Client and The Photographer remains provisional until The Client submits the booking fee. The Photographer reserves the right to consider other clients and commit to work on the date until secured with the booking fee.

The remaining balance, inclusive of any incurred expenses by the Photographer, must be settled in full to The Photographer following the issuance of the invoice, which is provided after the delivery of edited pictures.

As outlined in section 3 of this Agreement, these images will adhere to the same copyright terms, and the Photographer does not grant a License to Use any watermarked images unless mutually agreed upon in writing prior to use. In cases where The Client is a company, regardless of whether the company undergoes liquidation, individual directors will be accountable for all outstanding fees and costs associated with the contract.

EXPENSES

The Client is responsible for reimbursing The Photographer for all reasonable 'out of pocket' expenses arising from the execution of the agreed-upon work. In cases where additional expenses or time are necessitated by alterations to the original brief made by The Client or other reasons, The Client shall provide approval and be liable for such extra expenses or fees. These additional costs are in addition to the fees and expenses outlined on the Estimate as previously agreed upon or estimated.

REJECTION & REFUNDS

Unless explicitly agreed upon in writing between the Parties, the Client is not permitted to reject the Works based on style or composition. The Photographer does not commit to making any edits or amendments after sending the low-resolution watermarked images to The Client, unless otherwise agreed upon in writing beforehand.

If The Client requests changes to the Photographs, such alterations will be at the Photographer's discretion, and an additional fee will be applicable. Given the customized nature of product and commercial photography, digital files cannot be returned, and all payments made are non-refundable.

CANCELLATION & POSTPONEMENT

The booking date for a photoshoot is considered confirmed and final from the date of confirmation, marked by the payment of the 20% non-refundable booking fee.

In the event of a cancellation by The Client for any reason, the booking deposit will be retained by The Photographer. If the cancellation occurs within 14 calendar days from the date of booking, a cancellation charge equivalent to 25% of the remaining fee will be imposed on The Client. If The Client cancels within 48 hours of the booking date, the full fee will be chargeable.

Should The Client wish to postpone or change the booking date, the Photographer holds the discretion to approve such changes, and any alterations will be offered in goodwill. If alternative dates are proposed by the Photographer and rejected by The Client, the Photographer reserves the right to provide no further alternative dates.

COMPLETION SCHEDULE

The Photographer will provide gallery proofs within 14 working days of the photo shoot. Upon the Client's selection of their final images, the edited versions will be completed and delivered to the Client within 14 working days.

MARKETING CONSENT

The Photographer holds the exclusive, perpetual, and irrevocable right to capture, utilize, reuse, publish, and republish photographic materials from the photo session for marketing purposes, including Social Media and the Website.

In situations where the Photographer is generating imagery for services/products not yet launched, these images will not be shared until after the Client's official launch or after a 12-month period from the date of the photoshoot.

CONFIDENTIAL INFORMATION AND DATA PROTECTION

While engaged in work for the Client, the Photographer may encounter or be provided with confidential Client information. This may include customer lists, business strategies, research and development notes, website statistics, and other private information. The Photographer commits to treating this information with the same level of confidentiality as the Photographer's own confidential information.

It is conceivable that both the Client and the Photographer may have access to confidential information belonging to third parties. Both the Client and the Photographer pledge not to disclose to the other party any confidential information belonging to third parties, unless expressly permitted to do so. In the event that the Client or the Photographer is authorized to share confidential information with the other party, the party sharing the information undertakes to communicate any special restrictions on that information in writing to the other party.

FORCE MAJEURE

The Photographer shall not be held liable for any failure or delay in the performance of their obligations under this Agreement caused by circumstances beyond their reasonable control. In the event that the Photographer is unable to fulfill this Contract due to factors such as illness, emergency, fire, casualty, strike, pandemic, acts of God, or other causes beyond their control, the Photographer will make every effort to reschedule the session.

If an agreement on rescheduling cannot be reached, the Photographer will refund the booking fee to the Client, and no further liability shall be assumed. Additionally, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including equipment operation and image processing issues, or if photographic materials are lost or damaged without the fault of the Photographer, liability will be limited.