Commercial Photography – Terms & Conditions (England & Wales)
1. Definitions
“Photographer” refers to the individual or business providing photography services.
“Client” refers to the individual or organisation commissioning the services and includes the Client’s affiliates, assignees, and successors in title.
“Images” refers to all photographs, moving images, digital files, proofs, and final edited images and / or moving images produced by the Photographer.
"Estimate" means any email or other document created by the Photographer, setting out the Fee and expenses for Photography services along with information as to the Image Usage License.
"Fee" means the Photographer’s fees as set out in the Estimate.
"Licensed Images" means the still and/or moving images as specified in the Estimate as to be licensed for use in accordance with these Terms.
"Usage Licence" means the licence to use the Images and / or moving images as detailed in the Estimate.
2. Booking & Payment
A booking is confirmed only once agreed in writing and, where applicable, a booking fee or deposit has been received.
Unless otherwise stated, all invoices are payable within 30 days of issue. Late payments may incur statutory interest and recovery costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
3. Cancellation & Postponement
If the Client cancels the booking:
- More than 14 days before the shoot date: any deposit will be refunded.
- Less than 14 days before the shoot date: the Photographer reserves the right to retain the deposit or charge up to 100% of the agreed fee.
- If the Client reschedules, no penalty fee will be incurred
- If the Photographer must cancel due to illness, emergency, or circumstances beyond their control, the Photographer has the right to recommend a trusted Photographer to deliver the agreed assignment.
- Liability is limited to a full refund of any monies paid. No further compensation will be due.
- Force Majeure - Neither party shall be liable for failure to perform obligations due to events beyond their reasonable control, including but not limited to acts of God, fire, flood, strikes, or government restrictions.
4. Copyright & Ownership
Copyright in all Images remains with the Photographer at all times in accordance with the Copyright, Designs and Patents Act 1988.
No copyright is transferred to the Client unless expressly agreed in writing.
5. Usage Licence
Upon full payment, the Client is granted a non-exclusive, non-transferable licence to use the Images solely for the purposes agreed at the time of booking (e.g. marketing, advertising, editorial, or internal use).
Any additional use, resale, sub-licensing, or use beyond the agreed scope requires prior written consent and may be subject to additional fees.
Reproduction rights are personal to the Client and cannot be assigned or transferred to third parties without permission from the Photographer.
A license fee and usage must be agreed in writing for third party Reproduction Rights.
The Photographer reserves the right to refuse Reproduction licenses to third parties following a Client's request.
Reproduction rights are granted as a license, and no assignment of copyright is implied.
Prior clearance from the Photographer is required for editorial use, e.g. if a newspaper or magazine wishes to use an image, a license and usage fee must be discussed and agreed.
The Photographer retains the right in all cases to use images for portfolio purposes, promotional content, competitions and exhibitions.
6. Moral Rights
The Photographer asserts their moral rights to be identified as the author of the Images, unless otherwise agreed in writing.
7. Image Editing
Unedited or RAW files are not supplied to the Client
The Client shall not alter the Images in a way that is derogatory or prejudicial to the Photographer’s reputation.
8 Indemnity
The Client agrees to indemnify the Photographer for any legal claims, damages, or costs resulting from the use of any Image(s) supplied to the Client.
The Client must ensure that all necessary rights, model releases or consents which may be required for the assignment are obtained.
The Photographer shall only be responsible for obtaining such clearances and consents if this has been expressly agreed as part of the assignment. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure by the Client to obtain such clearances.
9. Client Confidentiality
The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated in confidence for the purposes of the assignment.
10. Rejection
Unless a rejection fee has been agreed in advance, the Client has no right to reject images on the basis of style, composition or editing.
11. Limitation of Liability
The Photographer will take reasonable care in the performance of services but shall not be liable for indirect or consequential loss.
Liability for any claim is limited to the total fees paid by the Client, except where liability cannot be excluded under law
12. Data Protection
The Photographer will process personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
13. Estimate and Expenses
Based upon the requirements outlined by the Client, the Photographer will provide the Client with an Estimate before the assignment commences. The quote will contain an estimation of the required work and any associated expenses. Changes to the requirements before, during or after a shoot may increase the fee and expenses. The Photographer will always notify the Client in writing of any additional fees as a result of changes to the original agreed requirements.
All expense figures provided in advance of an assignment are estimates only. The Photographer will endeavour to work within the agreed cost estimate. Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, the Client shall be liable to pay such extra expenses and additional fees at the Photographer’s normal day rate or part thereof.
14 Confirmation Clause
By booking and paying for Photography services with James Drury Photography, the Client confirms that they have read, understood, and agree to these terms and conditions in full.
15. Right to a Credit
The Photographer's name will be displayed in reasonable proximity to all published reproductions of the Photograph(s).
The Photographer asserts his statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
16. Governing Law & Jurisdiction
These Terms & Conditions shall be governed by and construed in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the English courts.
These Terms and Conditions shall not be varied except by agreement in writing