1. Definitions
- “Photographer” means the commissioned photographer whose details are set out under Photographer Information.
- “Client” is the party commissioning the photographer whose details are set out under Client Information. This term extends to the Client’s parents or legal guardians if under 18 years old, affiliates, assignees, and successors in title.
- “Subject” means the primary individual/object being photographed, covering all features such as appearance, likeness, form, and voice. This includes, but is not limited to, a person, animal, landscape, or building.
- “Property” refers to the ownership of real and personal property. This includes, but is not limited to, animals, pets, objects, and buildings.
- “Material” means all creative, photographic, and/or moving image material created by the photographer during and related to the commissioned session. This includes, but is not limited to, transparencies, negatives, prints, RAW files, digital files, or any other type of physical or electronic material, whether current or developed in the future.
- “Shoot” is the photographic session undertaken by the photographer commissioned by the client.
- “Working Days” refers to any day other than Saturday, Sunday, Bank Holidays, or Public Holidays in England and Wales.
- “Working Hours” refers to the hours between 9 a.m. and 5 p.m. on any working day.
- “Minor” means any individual under the age of 18 years old.
- “Model” means the subject being photographed.
- “Estimate” means any email or other document, whether electronic or otherwise, created by the photographer and setting out the fee and expenses for commissions, along with information regarding usage licences.
- “Fee” means the photographer’s fee set out in the Estimate.

2. Terms and Conditions Overview
The terms and conditions contain the entire understanding between the photographer and the client. They supersede all prior and simultaneous agreements between the parties. Any amendments made to this contract must be in writing and agreed upon by all parties involved.

3. Session Agreement
The client agrees that the photographer shall provide services to photograph to the best of their abilities in accordance with the shoot selected. The photographer will make every effort to meet industry standards, and any creative choices made by the photographer will be deemed acceptable and correct.

4. Estimates
The estimates provided by the photographer are based upon the information provided by the client. Travel and accommodation estimates will be provided based on the distance of the shoot from the PO21 postcode. Changes to the information provided by the client before or during the shoot may increase the fee and expenses. Unless otherwise agreed in writing, the client’s agreement to proceed with the shoot by paying the deposit shall be deemed acceptance of the estimate.

5. Exclusivity and Conduct of the Shoot
The shoot will be arranged to take place on a mutually agreed date, time, and location between the photographer and the client. The client understands that the shoot is not booked until the deposit has been paid to the photographer. Any changes made to the shoot after the deposit has been paid may result in an additional charge or loss of the deposit. The client acknowledges and agrees that no cameras of any kind are permitted during the shoot, other than the photographer’s use of equipment, which includes the use of phones.

During the shoot, the photographer will consider the client’s wishes. Any requests made by the client must be submitted in writing to the photographer at least three working days before the shoot takes place. The photographer holds no responsibility for the behaviour of the client, subject, or associated parties before, during, or after the shoot. The client agrees to cheerful cooperation and communication for the best possible result. If the desired outcome of the shoot is jeopardised by the behaviour of the parties involved, the photographer cannot be held responsible.

6. Coverage and Creative Privilege
By scheduling a shoot with the photographer, the client agrees to the creative liberties and style the photographer chooses to pursue, including freedom in editing and retouching of the material. The client understands and accepts that the coverage of the shoot will be determined by the photographer’s professional expertise. Clients looking to obtain the best possible images from their shoot are asked to trust the judgement of the photographer to help ensure the desired results.

7. Cancellation of the Shoot
The photographer holds the right to cancel or postpone the shoot for any reason beyond the control of the photographer, including but not limited to adverse weather conditions, unsuitable lighting, death, injury, or sickness. A new, mutually agreed appointment will be made with no additional charge. In the event the photographer is required to cancel the shoot completely, the client’s shoot fee will be returned in full.

If the client cancels the shoot at least ten working days before the shoot, a new, mutually agreed appointment will be made with no additional charge. If the client cancels the shoot within ten working days of the shoot date, the deposit will not be returned, and a rebooking fee may be charged (subject to the photographer’s discretion). If the client cancels the shoot completely, the deposit paid is non-refundable.

8. Proofing and Ordering
The photographer will organise a viewing with the client no later than thirty days following the scheduled shoot. The number of images provided for viewing will be at the photographer’s discretion. The client understands that the final material is dependent on the photographer’s discretion to permanently discard any unsuitable images, such as blurry, doubled, or under/overexposed shots.

Printing orders will not be placed by the photographer without the client’s consent. Once approved by the client, the photographer is not liable for errors found subsequently. In the event that an error is found after the proof has been approved and ordered, the client will be responsible for 50% of the original order cost, as well as the total cost of the reprinted order.

The client is aware that the colour of any printed material may fade or discolour over time due to the nature and treatment of the product. The client releases the photographer from any liability for any claims based on changes to the product. Due to the nature of the service, all sales are final.

9. Pricing
Prices are subject to change at any time without client notification regarding printed products and available shoots. The receipt of a deposit confirms the shoot price. This excludes pricing for printed products, design fees, or travel costs.

10. Deposit and Payments
The client agrees to pay 50% of the full shoot fee at the time of booking. This is a non-refundable deposit. In the event of a cancellation by the client, the deposit is non-refundable and will be liquidated for any loss of earnings incurred. A rebooking fee may be charged to the client for moving the shoot within ten working days of the agreed shoot date (subject to the photographer’s discretion). The client shall also be responsible for payment of any materials/charges incurred by the photographer up to the time of cancellation. The deposit shall be applied towards the total cost of the shoot. The remaining charge, including any travel and accommodation charges, must be paid in full within ten working days before the booked shoot date. After this time, an additional late charge of 5% of the original fee per day will be applied at the photographer’s discretion.

11. Travel and Accommodation Charge
Travel to shoots booked up to fifty miles round trip from the PO21 postcode is included in the fee. Locations further away will incur a charge of 45 pence per mile after the first fifty miles for the round trip. The photographer may require accommodation where the shoot location is at a distance of one hundred miles or greater round trip from the PO21 postcode. The client agrees to cover the cost of travel and accommodation in full.

12. Storage of Material
All materials will be backed up and archived for a reasonable length of time. After six months, the client understands that the material will be archived, but the photographer cannot be held liable for unexpected loss, damage, or quality loss of any material.

The client agrees to take appropriate steps to ensure the safety of all materials supplied to them by the photographer. The material may not be stored in any electronic medium or transmitted to any third party, including, for the avoidance of doubt, any associate of the client, without the written permission of the photographer.

13. Copyright
The entire copyright and all similar rights throughout the world for all material produced, whether digital or physical, remain the property of the photographer at all times (All Rights Reserved). The client and subject agree that the material belongs to the photographer and acknowledge that they have no rights to the material and will not make any claims towards it. Upon payment in full, the photographer grants the client the right to use the material under the express terms of the usage rights. The client must not alter or use the material outside the usage rights without prior written permission from the photographer. No use of materials may be made without the photographer’s express agreement in writing before payment has been made in full. If the client uses the material outside the usage rights, an additional charge deemed appropriate by the photographer will be applied.

14. Usage Rights and Credits
The usage of the material is limited to the terms provided by the photographer to the client after the ordering and purchasing process. When uploading the material on the web, including social media, the client will be required to use only the material provided by the photographer. The client is not permitted to remove names, logos, or edit the material in any way unless written permission is obtained from the photographer. The client cannot enter any of the material in competitions, online or otherwise.

15. Model Release
The client and subject hereby grant the photographer the irrevocable and unrestricted right to use, print, and make public the material of or including the client and subject in any media for any purpose (except pornographic or defamatory), which may include, among others, editorial, photographic, competitions, trade, advertising, promotion, marketing, and packaging for any product or service. The client agrees that the material may be combined with other images, text, graphics, film, moving images, audio, audio-visual works, or any further development of appropriate usages, and may be cropped, altered, or modified at the photographer’s discretion.

16. Property Release
The client grants the photographer the irrevocable and unrestricted right to use, print, and publish the material depicting the property in any media, for any purpose, which may include, among others, editorial, photographic, competitions, trade, advertising, promotion, marketing, and packaging for any product or service. The client agrees that the material may be combined with other images, text, graphics, film, moving images, audio, audio-visual works, or any future development of appropriate usages, and may be cropped, altered, or modified at the photographer’s discretion.

17. Extent of Liability
The client shall indemnify the photographer and keep the photographer indemnified on a continuing basis against all liabilities, claims, costs, damages, and expenses claimed or incurred (including legal costs) or licence fees due by reason of any infringement claim or alleged infringement, or any intellectual property rights related to any failure by the client to obtain third-party clearances, or arising out of the material used by the client outside of the usage rights or otherwise as a result of any breach by the client of these terms.

The photographer shall not be liable to the client for any loss of profit, loss of contracts, loss of business or revenues, loss of production, or for any indirect, special, or consequential loss, damage, costs, expenses, or other claims (whether caused by the negligence of the photographer or the client) which arise out of or in connection with the shoot or additional products purchased by the client.

The photographer’s maximum aggregated liability for all losses, damages, costs, claims, and expenses, however or whenever arising out of or in connection with these terms, shall, in any event, be limited to the total amount of the fees paid to the photographer in relation to the relevant shoot.

Notwithstanding the above, nothing in these terms excludes or limits the liability of the photographer for death or personal injury caused by the photographer’s negligence, for any fraudulent statement or act, or for any matter which it would be illegal to exclude.

The photographer hereby disclaims any warranties, conditions, and other terms on or implied by statute, common law, or otherwise, to the extent permitted by law.