These are my standard terms of engagement, which allow me to run my photography practice smoothly and deliver optimal results to myself, to my craft, and to you, my client. I may revise these from time to time as I grow and evolve my practice.
final files and uses.
All preparation materials, vision boards, themes or ideas, and the electronic files used to prepare for a session or project remain my property.
Final digital files will only be deemed licensed to you ONLY upon final payment of the project, per the terms listed on the invoice I share with you.
By default, final digital files that I share with you are deemed licensed for personal use only. This means that you are not to use these final files for commercial purposes, such as in advertising or on products for sale. You may use the files for a wide variety of personal uses, such as using a photo of your family on a card, sharing on social media, printing a photo of to hang in your home, using a photo in an album or scrapbook, or gifting a friend. You may make unlimited reproductions of my work for family and friends both online and offline (personal and social use).
The final output/digital files may become your property only upon the explicit purchase of the rights thereof, which is a conversation and process that exists outside of these Terms of Service.
If final payment is NOT received as agreed, all digital files will remain my property, with permissions for use kicking in only after final payment is received.
If there are issues with final payment, I reserve the right to reuse or amend any of these files for other clients, or to be used freely as public showcases in my portfolio.
Should a client or any other party attempt to use, modify, alter or steal any of my work product without making agreed payment, I reserve the right to take legal counsel and action.
I reserve the right to show any of my work product to showcase my stories and capabilities as examples of client work, up to, including and succeeding the completion of the project. If you have any specific ‘secrecy/stealth mode’ or NDA requirements, please mention this before we proceed with our engagement.
Final payment ensures that ONLY the agreed final digital files are licensed for use by you. Any previous ideas/concepts remain mine, unless any prior agreement has been made.
If you’re uncertain about a possible use case, do get in touch with me, and I’ll clarify as much for you.
Do note that the above only applies to direct commissions, and does not apply to images I put up for either public download or work I put up for sale as prints.
When we agree on a booking, you need to pay a 75% deposit at the time of booking. I will send you an email detailing the means of payment when you make your booking, with the payment to be received 7 days prior to the requested shoot day, at the latest. This holds my time and availability, along with any other necessary arrangements for logistics, and as such, it is non-refundable. By remitting a deposit, you consent to these Terms of Service and enter into a contract with me.
I will invoice for the remaining cost of the project and associated services prior to the release of any files or final exports, with payment to be made within 7 days of receiving that final invoice. I reserve the right to withhold delivery until payment has been received in full.
You may reserve the right to request a payment plan which may be accepted at my discretion. All payment plans must be agreed to both parties in writing.
I reserve the right to invoice prior to the time detailed if you have been uncontactable/unresponsive for more than 30 days.
I reserve the right to charge you for any fees incurred relating to commencement of collection and recovery processes for accounts that remain unpaid in excess of 30 days.
My fees exclude any other costs, such as accommodation, transportation, levies, taxes, permit fees, and other logistical items otherwise not mentioned but reasonably necessary for the execution of the assignment.
safety & the working environment.
By continuing any engagement, we both agree to undertake best efforts to ensure that my staff and I are treated with respect and dignity, and that I'm / we're provided with a safe working environment.
Should an issue arise, I will make reasonable effort to handle the matter. If the situation is not remedied in a reasonable amount of time, I retain the right to cancel the remainder of the engagement.
Safe working environment issues include, but are not limited to: any instances of sexual harassment, violence, threats, or other similar behaviour that would lead a reasonable person to feel unsafe in such an environment. In the event of such cancellation, you will not be entitled to any refund.
safeguarding of vulnerable persons.
I believe that all vulnerable persons - meaning children below the age of eighteen years, as well as vulnerable adults - require protection from all forms of abuse and exploitation. This includes any behaviour towards a person that causes harm, endangers life or violates rights, such as physical abuse, commercial exploitation, sexual abuse, sexual exploitation, emotional abuse, discrimination, and neglect.
I therefore endeavour, in every aspect of my practice, to see to it that any and every person is treated with dignity and respect.
By continuing to engage with me, you too commit to safeguarding all persons, including vulnerable persons.
extensions. rescheduling. reshoots.
A session may be prolonged by mutual agreement. The idea of a longer session should be explored ahead of time, with a more exact estimate provided as part of the invoice.
We may agree to reschedule the shoot within one month of the original date. If such a case arises, I will share the particular details of this postponement.
Reshoots are available at a cost of 49% of the initial charge.
cancellation during the project.
If you choose to cancel the project midway through, where ideas and proposals have been submitted, or where a shoot session has already taken place, or where preparations for such a shoot session have already been effected, refund of previous payment is not possible. However, depending on the work completed and overall budget, a portion of the funds may be returned, at my sole discretion.
If I fall ill, or am unable to complete the project due to unforeseen circumstances, I will work with you design a revised project plan and timeline towards the execution of the work. Where a path forward proves untenable, a portion of the overall budget will be returned. If any works, so far completed, can be used for another photographer to pick up, then a percentage will be refunded based on work completed or any other reasonable suggestion will be considered.
I reserve the right to suspend any project if there is interference with excessive micromanaging, demonstrating a continued lack of trust and inability to move forward after showing a reasonable attempt the execution and completion of an assignment, and/or showing a reluctance in making any payment, including the final payment.
Fair notice will be given with fair chance to remedy the situation without resorting to project suspension or termination. Any suspension, or termination, will not result in any refunds and all work thus developed remain in my full ownership.
Sessions will typically take place rain or shine. For outdoor shoots, we may need to plan on an agreed alternate location in advance. Shoots will only be cancelled and a full refund given in the most extreme of circumstances. Where the shoot can be rescheduled, there will be no additional fees to you.
forces beyond reasonable control
In the event I fail to perform any obligation pursuant to these Terms of Service due to an “act of God” including but not limited to earthquakes, floods, or unusually severe weather, explosions, pandemics or localised outbreaks, or other acts of nature and/or other causes beyond my reasonable control; or an act of any government and/or its agencies or proxies, or an act deemed against any government and/or its agencies or proxies, including but not limited to government regulations, interruption of electrical power or other utilities, equipment or transmission failure, terrorism, riots, war, serious labour disputes, strikes, civil commotion, insurrection; or any incidents beyond my reasonable control such as fire, accident or other casualty event, lock-outs, labour difficulties, shortages of material, transportation or equipment; or any other cause of any nature beyond my control; such failure shall not be deemed to be a breach of these Terms of Service, provided that you are notified of the existence and nature of the reason for my non-performance and delay, and I resume performance immediately upon the conclusion of the relevant force majeure, with you also concurrently resuming any obligations on your end.