Terms & Conditions
Terms and Conditions for Photography Services
These terms and conditions ("Agreement") set forth the rights, obligations, and responsibilities between Connor Harley Photography ("the Photographer") and the client ("the Client") in relation to the provision of photography services. By engaging the Photographer's services, the Client agrees to be bound by this Agreement.
1. Definitions
1.1. "Photographer" refers to Connor Harley Photography, a sole trader registered in the United Kingdom.
1.2. "Client" refers to the individual, company, or entity engaging the services of the Photographer.
1.3. "Photographs" means all photographic material, including transparencies, negatives, prints, or any other physical or electronic material, including digital files.
2. Copyright
2.1. The entire copyright in the Photographs remains with the Photographer at all times throughout the world.
3. Ownership of Materials
3.1. Title to all Photographs remains the property of the Photographer.
4. Usage Rights and License
4.1. The Photographer grants the Client a non-exclusive, limited license to use the Photographs for the agreed purposes stated in the agreement. This license becomes effective upon the Client's full payment of the relevant invoice(s).
4.2. The license granted by the Photographer applies only to the Client and the specific usage and product as stated in the agreement. It may not be assigned or sublicensed to any third party without the Photographer's prior written permission.
4.3. The Client may not use the Photographs for any purposes outside the scope of the agreed license without obtaining the Photographer's express permission and paying an additional fee as mutually agreed.
4.4. Any permission for prior use of the Photographs is contingent upon the Client's full payment of the relevant invoice(s). Failure to make full payment by the due date or the Client being put into receivership or liquidation automatically revokes any prior permission granted.
4.5. The Client agrees that the Photographer retains the right to use the Photographs for self-promotion, marketing, or advertising purposes, including but not limited to online portfolios, social media, website showcases, and competitions.
5. Indemnity
5.1. The Photographer shall use reasonable efforts to obtain necessary clearances for third-party copyright works, trademarks, designs, or other intellectual property, as agreed upon. The Client shall indemnify and hold the Photographer harmless against any expenses, damages, claims, or legal costs arising from the Client's failure to obtain required clearances.
6. Payment
6.1. Payment for the commissioned work shall be made within 30 days of the issue of the relevant invoice, unless otherwise agreed in writing.
6.2. If the invoice is not paid in full within 30 days, the Photographer reserves the right to charge interest at a rate determined by applicable legislation from the due date until payment is made.
6.3. The Photographer may require a deposit or advance payment, the details of which will be specified in the agreement.
7. Expenses
7.1. The Client shall be responsible for reimbursing the Photographer for any reasonable and agreed-upon expenses incurred beyond the original agreed brief, including but not limited to travel, accommodation, props, or additional equipment.
8. Cancellations and Rescheduling
8.1. If the Client wishes to cancel or reschedule a booked session, notice must be provided in writing or via email.
8.2. In the event of cancellation or rescheduling by the Client less than 10 working days prior to the agreed booking date, the Photographer reserves the right to retain a cancellation fee or charge a rescheduling fee.
9. Storage of Photographs
9.1. Upon receipt of the Photographs, the Client assumes all responsibility for archiving and protecting the photographs. The Photographer is not liable for the lifespan of any digital media provided or for any future changes in technology that may render files inaccessible. It is the Client's responsibility to regularly back up and ensure the longevity of the digital files.
10. Credit and Copyright Notice
10.1. The Photographer asserts the right to be credited as the author of the Photographs in accordance with sections 77 and 79 of the Copyright, Designs, and Patents Act 1988. The Client agrees to include a credit line in connection with the published use of the Photographs, whenever feasible and customary.
11. Limitation of Liability
11.1. The Photographer's liability for any breach of this Agreement, including negligence, shall be limited to the fee paid by the Client for the specific services provided.
11.2. The Photographer shall not be held liable for any special, indirect, consequential, or pure economic loss, costs, damages, charges, or expenses arising from the provision of services, including but not limited to equipment malfunction, lost or damaged Photographs, or delays.
12. Applicable Law and Jurisdiction
12.1. This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
13. Entire Agreement
13.1. This Agreement constitutes the entire understanding between the Photographer and the Client and supersedes any prior negotiations, representations, or agreements, whether written or oral.