1) Definitions:
1.1 Photographer refers to trading name of Lizzy Rose Clough Ltd.
1.2 Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party) or any customer purchasing prints or digital images.
1.3 Photographs means all photographic material supplied by Lizzy Rose Clough Ltd, this includes prints, digital files, digital scan, digital image, design, artwork, montage or any other items which may be supplied.
2) Copyright:
2.1 The entire copyright of the Photograph/s including ownership of all materials is retained by the Photographer at all times throughout the world.
3) License to Use:
3.1 The License to Use grants specific rights to the Client who has engaged the services of the Photographer for the creation of photographs, as outlined in the quote.
3.2 Any authorisation granted for previous use shall be revoked automatically if full payment is not paid by the stipulated due date, or in the event that the Client undergoes receivership or liquidation proceedings.
3.3 Permission for usage of the Photographs beyond the scope of the provided license shall typically be granted upon the remittance of an additional usage fee. This fee must be mutually agreed upon prior to any extended use.
3.4 The Photographer expects that any requisite supplementary licenses from third parties, such as packshot photographers or food/prop stylists, engaged by the Client for the project will have been appropriately discussed and obtained.
4) Client Confidentiality:
4.1 The Photographer will maintain confidentiality and will not disclose to any third parties or make use of material or information communicated in confidence for the purposes of the photography.
5) Exclusivity:
5.1 The Client will be authorised to publish the Photograph/s to the exclusion of all other persons.
5.2 However, the Photographer retains the right in all cases to use the photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting her work.
5.3 The Client is responsible for informing the Photographer on any work that should not be shared on her website/socials before a particular date.
6) Indemnity:
6.1 Whilst the Photographer takes all reasonable care in the performance of this agreement, she shall not be liable for any loss or damage suffered by the Client or by any third party arising from the photography.
6.2 The Photographer shall only be responsible for obtaining clearance in respect of third party copyright works, trademarks, designs or other intellectual property if this has been expressly agreed in writing before the shoot.
6.3 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 to obtain such clearances.
7) Payments:
7.1 Terms of payment are 30 days from the date of the invoice unless agreed otherwise.
7.2 If the payment is not paid within 30 days, the Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
7.3 For late payments, an additional invoice will be sent.
8) Quotations:
8.1 If the Client's project requirements undergo changes from the original specifications made or the number of images required, or if a quote has been issued prior to the submission of a detailed brief, the Photographer reserves the right to revise the original quotation provided.
8.2 The Client bears the responsibility of communicating all editing requirements to the photographer before the scheduled shoot day. This includes any technical specifications for imagery, usage licenses, image dimensions/sizes, product copy/text changes, and file format requirements. Additional requirements conveyed after the initial quotation has been provided may result in additional charges, contingent upon the extent of work involved. Any additional costs will be discussed with the client after the shoot day, prior to the editing work taking place.
9) Booking Change & Cancellation:
9.1 The Photographer reserves the right to charge the below percentages of the quoted shoot estimate if a change or cancellation is made within the below timeline of the booking. Any expenses already incurred will also need to be paid for.
- 72 hours: 15%
- 48 hours: 25%
- 24 hours: 50%
- On day: 100%
10) Rejection:
10.1 The Photographers interpretation of the brief should be deemed acceptable to the Client.
10.2 There is no right to reject the Photograph/s on the basis of style or composition or any other reason not made clear from the onset unless otherwise agreed in writing.
11) Liability:
11.1 The Photographer will 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 that arise out of connection with the shoot.
12) Number of Images & Shoot Duration:
12.1 The Client acknowledges that a specific number of photographs can reasonably be captured within a single shoot day, encompassing an 8-hour period. Additional time is allocated for the setup and dismantling of photography, lighting and computer equipment.
12.2 In the event that the provided brief cannot be fulfilled within the designated shoot day/s, the client may want to arrange for a separate shoot booking to accommodate the outstanding requirements.
13) Travel Expenses:
13.1 Travel expenses for transportation to and from the designated location/studio will be encompassed within the final invoice, as specified in the initial quote.
13.2 These travel expenses encompass either the fare for an XL cab or the Photographer's costs related to parking, fuel, or congestion charges.
14) Additional Expenses for Props/Backgrounds:
14.1 Any supplementary expenses incurred for items such as ingredients, props, and backdrops will be itemised and incorporated into the final invoice. The estimated cost of these expenses will be presented to the Client for approval prior to their procurement.
15) Sickness:
15.1 If the Photographer is unable to work due to illness, the shoot will need to be rescheduled.
16) Styling:
16.1 In the event that a Prop or Food Stylist has not been booked for the day of the shoot, the Client agrees to assist with image styling. This collaborative effort enables the Photographer to dedicate ample time to photography and lighting.
16.2 For home-based shoots, the Client acknowledges that the Photographer will proceed based on the provided brief, in the absence of a Stylist or the Client on-site.
17) Added images on the shoot day:
17.1 The initial quote provided serves as an estimate for the agreed-upon services. Any further retouching required for images taken on the shoot day that were not covered in the original brief sent, will be subject to additional charges, based on the Photographers photo editing rates. These charges will be presented for approval before any further work is initiated.
18) Retouching:
18.1 The Photographer will provide professional retouching services as agreed upon in the initial brief.
18.2 The initial quote includes a specified level of retouching for the agreed-upon number of images based on the brief.
18.3 If the Client requires additional or specific retouching beyond the included scope, this may incur additional charges. Such charges will be communicated to the Client before any work is undertaken, allowing for mutual agreement.
18.4 The Client is encouraged to provide clear guidance on retouching preferences during the briefing stage to ensure that the final images align with their vision and budget.
18.5 Delivery of retouched files may be subject to the availability of the Photographer unless previously arranged and sufficient notice given.
19) Product Packaging Condition and Retouching:
19.1 In instances where the packaging condition of the product on the day of the shoot does not align with the intended state, additional time for retouching may be required after the shoot has concluded.
19.2 It is essential that the client ensures the product's packaging is appropriately prepared and presented for the shoot. This reduces the likelihood of extensive post-production retouching. Any supplementary retouching necessitated by packaging-related issues will be communicated and invoiced as necessary.
20) Retouching Amendments:
20.1 A maximum of two rounds of amendments will be permitted per project within a two-hour timeframe, within 10 days of the photographs being delivered.
20.2 Any subsequent amendments beyond the specified rounds will necessitate scheduling for a future date, along with the provision of a new quote for the additional work.
21) Property and/or Model Release Forms:
21.1 The Client will be responsible in obtaining any model or property release forms to obtain the necessary permissions for usages unless agreed otherwise.
21.2 The Photographer will not be liable for any costs incurred from any model or property release forms that were not provided.
22) Storage of Imagery:
22.1 The Photographer will only be responsible for archiving finished projects for up to three months after completion.
22.2 The Client is responsible in ensuring they have the Photograph/s before this time period is up.
23) Applicable Law:
23.1 This agreement shall be governed by the laws of England & Wales and is subject to the exclusive jurisdiction of the English courts, to whom all parties submit.
24) Variation:
These Terms and Conditions shall not be varied except by agreement in writing.