PHOTOGRAPHY BOOKING TERMS & CONDITIONS

1. DEFINITIONS

  • Photographer: Holly Whittaker - HW Creative Limited, 45B Gellatly Road, SE14 5TU (“the Photographer”)

  • Client: The individual or company commissioning the work

  • Images: All photographs, video, or other content created by the Photographer

  • Assignment: The agreed photography/videography services on the agreed shoot date(s)

2. BOOKING & AGREEMENT

2.1 A booking is confirmed only upon written agreement and receipt of any required deposit
2.2 These Terms apply to all services unless otherwise agreed in writing
2.3 The Client is responsible for ensuring all shoot requirements are communicated prior to the shoot date

3. FEES & PAYMENT

3.1 A non-refundable deposit of 50% is required to secure the booking
3.2 The remaining balance is due within 30 days of invoice date unless otherwise agreed in writing
3.3 Late payments will incur interest at 8% per annum above the Bank of England base rate in accordance with the Late Payment of Commercial Debts (Interest) Act 1998
3.4 The Photographer reserves the right to withhold delivery of Images until full payment is received

4. CANCELLATION & POSTPONEMENT

4.1 Cancellation within 48 hours of the shoot date will be charged at 100% of the agreed fee plus any incurred expenses
4.2 Cancellation within 3–6 days will be charged at 50% of the agreed fee plus expenses
4.3 Cancellations outside this period may be subject to deposit retention only
4.4 Postponements are subject to availability and may incur additional fees

5. WORKING HOURS & OVERTIME

5.1 A standard working day is up to 10 hours including reasonable breaks
5.2 Overtime is charged at 1.5x the day rate for hours 11–12, and 2x thereafter
5.3 Any additional shoot time should be agreed before or on the day where possible

6. EXPENSES

6.1 The Client shall reimburse all pre-approved expenses incurred in connection with the Assignment
6.2 Expenses may include travel, accommodation, lighting/equipment hire, analogue film costs, location fees

7. IMAGE DELIVERY

7.1 Delivery times are agreed per project and may vary depending on workload and scope
7.2 Images are delivered via digital download unless otherwise specified
7.3 Basic retouching includes colour correction and minor adjustments.
7.4 Two rounds of revisions are included unless otherwise agreed, further revisions may require an agreed fee

8. COPYRIGHT & OWNERSHIP

8.1 Copyright in all Images remains the sole property of the Photographer under the Copyright, Designs and Patents Act 1988
8.2 No ownership rights are transferred unless explicitly agreed in writing
8.3 The Photographer retains the right to use Images for portfolio, promotion, and marketing unless restricted by a written agreement

9. USAGE & LICENSING

9.1 The Client is granted a non-exclusive or exclusive licence (as specified in the invoice, quote or contract)
9.2 Usage is limited to the agreed purpose, territory, and duration
9.3 Any additional usage requires further licensing and fees
9.4 Images may not be altered, sold, or sublicensed without permission

10. AI & DATA USE

10.1 The Client may not use Images for training, developing, or feeding artificial intelligence systems, machine learning models, or datasets without prior written consent
10.2 This includes generative AI, large language models, or similar technologies

11. CLIENT RESPONSIBILITIES

11.1 The Client is responsible for ensuring they have all necessary permissions for locations, talent, and materials provided for the shoot
11.2 The Photographer is not liable for delays caused by missing permissions or inaccurate information

12. LIABILITY

12.1 The Photographer shall not be liable for indirect or consequential losses
12.2 Liability is limited to the total fee paid for the Assignment
12.3 The Photographer is not responsible for circumstances beyond reasonable control.

13. FORCE MAJEURE

The Photographer is not responsible for delays or failure to deliver due to events beyond reasonable control, including illness, accident, extreme weather, equipment failure, or other unforeseen circumstances

14. GOVERNING LAW

These Terms are governed by the laws of England and Wales

15. ENTIRE AGREEMENT

These Terms, together with the invoice or written contract, form the entire agreement between the Client and the Photographer