Last Updated: 28th March 2025
These Terms and Conditions govern the photography services provided by (“Photographer,” “we,” “us”) to you (“Client,” “you”). By engaging our services, you agree to be bound by these terms. Please read them carefully.
1. Introduction and Definitions
“Photographer” refers to Tony Winter Photography, a photography business providing services as outlined.
“Client” refers to the individual or entity booking our services.
“Services” include photography sessions, editing, and delivery of images as agreed.
“Images” refer to all photographs, digital files, or prints produced during the Services.
2. Services Provided
We will provide photography services as detailed in the agreed proposal or booking confirmation.
The Client is responsible for ensuring cooperation, including timely attendance and access to locations.
Any services not specified (e.g., additional hours, advanced retouching) will incur extra fees, agreed upon in writing.
3. Fees and Payment
The total fee for Services is specified in the proposal, agreement, or booking confirmation.
A non-refundable deposit may be due to secure the date. If required, it will be specified in any proposal, agreement, or confirmation.
The remaining balance is due on the day of a booking/session, and any additional payments agreed are to be made before delivery of images.
Late payments incur a fee of 5% per month on the outstanding balance.
All fees are exclusive of additional costs (e.g., travel, prints) unless specified.
4. Deposit and Cancellation Policy
The deposit is non-refundable and secures the Photographer’s time and resources.
If the Client cancels more than 7 days before the shoot, the deposit paid is forfeited, but any additional payments may be refunded.
Cancellations within 7 days of the shoot result in no refunds.
If the Photographer cancels due to unforeseen circumstances, a full refund will be issued, or an alternative date offered at the Client’s discretion.
5. Image Ownership and Usage Rights
The Photographer retains full copyright and ownership of all Images produced.
The Client is granted a non-exclusive, non-transferable license to use the Images for Private Use.
The Client may not reproduce, sell, or use Images for commercial purposes without written permission from the Photographer.
The Photographer reserves the right to use Images for promotional purposes (e.g., website, social media, portfolio) unless the Client opts out in writing prior to the shoot.
6. Additional Terms
Model and Property Releases: The Client is responsible for obtaining written releases for any recognizable individuals or property in the Images, unless otherwise agreed. The Photographer is not liable for claims arising from lack of releases.
Weather Conditions: For outdoor shoots, the Photographer is not liable for image quality affected by weather. The Photographer may reschedule at their discretion if conditions are unsafe or unsuitable.
Digital Files and Prints: Images will be delivered in JPEG format. Prints or additional formats are available at an extra cost, as agreed.
Editing and Retouching: Basic editing (e.g., color correction, cropping) is included. Advanced retouching (e.g., background removal) is available for an additional fee.
Proofs and Approvals: The Client will have 7 days to review proofs and provide feedback. If no feedback is received, the Images are deemed approved.
Social Media and Promotion: The Photographer may use Images for marketing purposes unless the Client opts out in writing.
Insurance: The Photographer maintains general liability insurance to cover claims such as injuries during shoots.
Force Majeure: The Photographer is not liable for delays or failure to perform due to unforeseen events (e.g., natural disasters, pandemics). If performance is impossible for over 7 days, either party may terminate the agreement with a full refund of payments, minus the deposit.
Working with Minors: For shoots involving minors, the Client must provide parental consent. The Client agrees not to use Images in any indecent or unlawful manner.
7. General Terms
Confidentiality: Both parties will keep confidential information private, except as required by law.
Limitation of Liability: The Photographer is not liable for indirect, incidental, or consequential damages (e.g., lost profits). Total liability is capped at the total fee paid by the Client.
Indemnification: The Client agrees to hold the Photographer harmless from claims arising from the Client’s use of Images or breach of these terms.
Dispute Resolution: Disputes will first be addressed through negotiation. If unresolved within days, parties agree to mediation, then court proceedings if necessary.
Governing Law: These terms are governed by the laws of the United Kingdom.
Amendments: Any changes to these terms must be in writing and signed by both parties.
Entire Agreement: These terms, along with any agreed proposal, constitute the entire agreement, superseding prior discussions.
8. Acceptance of Terms
By engaging our Services, the Client acknowledges they have read, understood, and agree to be bound by these Terms and Conditions.