DEFINITIONS

• ‘Photographer’: The commissioned photographer, Ellie Grace Photography.

• ‘Assignment’: The commission of the Photographer by the Client for the provision of photographic services, typically at a shoot, to create the Assets.

• ‘Client’: The party commissioning the Photographer, including the Client’s affiliates, assignees, and successors in title.

• ‘Assets’ / ‘Material’: All photographic materials created by the Photographer.

• ‘Fee’: The Photographer’s agreed fees for the Assignment.

• ‘Product’: Any branded product supplied by the Client for the Assignment.

PROVISION OF PRODUCT

The Client must provide any and all branded product(s) to be photographed as part of the Assignment. If applicable, instructions related to the presentation of the product must be included in the brief. The Photographer is not responsible for any damages incurred in transit or delivery of the Product.

CONDUCT OF THE SHOOT

The shoot will take place within the agreed week between the Parties. During the shoot, the Photographer will take account of the Client’s reasonable instructions in accordance with the brief. If the Client is not present during the shoot, the Photographer’s interpretation of the brief will be deemed acceptable to the Client.

CHANGES TO THE BRIEF

If the Client requests changes to the brief after the photoshoot has been confirmed, the Photographer reserves the right to charge additional fees beyond the agreed Fee.

CANCELLATION

If a confirmed shoot is canceled or postponed within 48 hours of the scheduled shoot date and time due to reasons outside of the Photographer’s control, the Photographer reserves the right to retain the full payment along with any expenses incurred.

DELIVERY AND ACCEPTANCE OF ASSETS

Upon completion of the shoot, the Photographer will deliver the Assets to the Client as soon as reasonably practicable, usually within the week following the shoot. Unless otherwise agreed in writing, the Client shall not be entitled to reject the Assets based on style or composition.

STORAGE OF MATERIAL

The Client is responsible for keeping a secure digital copy of all Assets supplied by the Photographer. The Photographer will not be obligated to archive any Assets unless prior written agreement has been made.

COPYRIGHT AND USAGE

The Photographer retains full copyright and ownership of all materials, including physical and digital Assets, created during the Assignment. Upon full payment of the agreed Fee and expenses, the Photographer grants the Client a digital media usage license only. No use of the photographs is permitted until the full Fee has been paid. Images are not to be used in print, advertorials, or editorials, nor in Out-of-Home (OOH) advertising, including billboards or large-scale posters. Any additional use of the Assets will incur an additional fee, which must be agreed upon in advance.

CREDITS

For all editorial uses, the Client shall ensure that the Photographer’s name is printed on or near all published reproductions of the Assets.

PAYMENT

The Photographer reserves the right to charge interest on late payments from the due date until the date payment is made. The Fee is payable by the Client regardless of whether the Assets are used. All payments are due in pounds sterling unless otherwise stated.

EXTENT OF LIABILITY

The Photographer will not be liable to the Client for any indirect, special, or consequential loss, including loss of profits, contracts, business, or revenue, or for any damages, costs, or expenses arising out of or in connection with the shoot. This includes any claims caused by the negligence of the Photographer or their agents, employees, or subcontractors.

CONFIDENTIALITY

The Photographer will keep all information communicated in confidence for the purposes of the Assignment confidential and will not disclose such information to third parties. It is the Client’s responsibility to ensure that any third parties involved in the Assignment sign a confidentiality agreement. The Photographer is not liable for any breach of confidentiality by third parties.

TERMINATION

Either Party may terminate these Terms immediately by giving written notice to the other Party if that Party commits a material breach of these Terms or becomes subject to a bankruptcy order or insolvency. Upon termination, the Client shall pay all sums due up to the date of termination.

LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with English law. The Parties agree to submit to the exclusive jurisdiction of the English courts.

SIGNED IN AGREEMENT BY THE PARTIES:

By booking The Photographer and submitting payment, you hereby acknowledge and accept all Terms and Conditions outlined above as of the date the payment is made.

Signed by The Photographer:

Ellie Grace Photography