Standard terms of engagement.
Terms of Service
These terms allow me to run my photography practice smoothly and deliver optimal results to myself, to my craft and to you, my client. They may be revised as the practice evolves.
Payment
When we agree on a booking, an 80% deposit is due at the time of booking and must be received at least 7 days before the requested shoot day. This holds my time, availability and necessary logistical arrangements and is non-refundable. By remitting a deposit, you consent to these Terms of Service and enter into a contract with me.
The remaining project and associated-service costs are invoiced before the release of final files, with payment due within 7 days. I reserve the right to withhold delivery until payment is received in full. A written payment plan may be accepted at my discretion.
Fees exclude accommodation, transport, levies, taxes, permit fees and other logistical items reasonably necessary for the assignment unless expressly included in the estimate.
Safety and the working environment
We both agree to use our best efforts to ensure that my staff and I are treated with respect and dignity and provided with a safe working environment. Safety issues include sexual harassment, violence, threats or other behaviour that would lead a reasonable person to feel unsafe. If an issue is not remedied within a reasonable time, I may cancel the remainder of the engagement without refund.
Safeguarding vulnerable persons
Children below 18 years and vulnerable adults require protection from abuse and exploitation. I endeavour in every aspect of my practice to ensure every person is treated with dignity and respect. By engaging me, you also commit to safeguarding all persons, including vulnerable persons.
Extensions, rescheduling and reshoots
A session may be extended by mutual agreement, with an estimate agreed in advance. We may agree to reschedule within 1 month of the original date. Reshoots are available at 49% of the initial charge.
Cancellation during the project
If you cancel after ideas or proposals have been submitted, preparations have been made or a session has taken place, previous payment may not be refundable. Depending on work completed and the overall budget, a portion may be returned at my sole discretion.
If illness or unforeseen circumstances prevent completion, I will work with you on a revised plan and timeline. Where a path forward is untenable, a portion of the budget will be returned. Where completed work can be transferred to another photographer, any refund will reflect work already completed.
Project suspension
I reserve the right to suspend or terminate a project after fair notice where excessive micromanagement, a continued lack of trust or non-payment makes completion unworkable. Suspension or termination in these circumstances does not create a right to refund, and work developed remains my property.
Final files, licence and ownership
Preparation materials, vision boards, themes, ideas and working electronic files remain my property. Final digital files are licensed only after final payment and only on the terms stated in the invoice.
Unless otherwise agreed, final files are licensed for personal and social use. Commercial use, advertising, products for sale and purchase of full rights require a separate written agreement. If you are uncertain about a use case, contact me before proceeding.
I may show commissioned work as examples of my practice unless a written confidentiality, NDA or restricted-publicity arrangement is agreed before the engagement.
Weather
Sessions typically proceed rain or shine. Outdoor shoots may require an agreed alternative location. Where extreme conditions require rescheduling, no additional session fee will be charged. A full refund applies only where the work cannot reasonably be rescheduled or completed.
Forces beyond reasonable control
A failure or delay caused by events beyond reasonable control - including severe weather, fire, accident, pandemic, government action, interruption of utilities, equipment or transmission failure, terrorism, riots, war, labour disputes or transport shortages - is not a breach of these terms where you are notified and performance resumes when the event ends.
Questions about these terms: studio@stillsbymarcus.com.