TERMS & CONDITIONS

 

1. General Agreement

 

This document outlines the complete understanding between David Robertshaw Photography ("the Photographer") and you, the Client. It supersedes all previous agreements, whether written or verbal. Any amendments or changes to this agreement must be documented in writing, signed, and dated by both parties to be valid.

 

The terms of this agreement are the only terms applicable to the use of photographs and works created by the Photographer. If no prior written notice is provided by the Client, the individual placing or signing the order on behalf of the Client is deemed authorised to do so. In cases where a Client’s policy does not rely on email confirmations, hardcopy paperwork must be provided; otherwise, email correspondence will form a legally binding contract.

 

2. Copyright

 

David Robertshaw Photography retains full copyright of all photographs and works globally. Any reproduction of works where settlement has not been made will result in charges as outlined by the Copyright, Designs and Patents Act 1988. The Client acknowledges that unedited images or RAW files will not be provided.

 

3. Usage Rights

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The Photographer retains the copyright to all images.

 

Upon payment of the final invoice, the Client is granted a Licence to Use the photographs strictly for personal or business purposes, provided they are not altered in any way and not used for any commercial purposes unless agreed in writing beforehand.

 

Third parties may only use the images in accordance with these terms and provided the images remain unedited.

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The Licence to Use only applies to the final images and does not include low-resolution, watermarked images. No usage rights are granted until full payment has been received. If payment is not made by the due date, any previously granted permissions for usage will be revoked.

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Where use of the photographs for other purposes is required, a further fee will be agreed upon, and a new written agreement must be reached before the photographs can be used. Any unauthorised use of the photographs will result in additional charges. Reproduction rights are granted as a licence only, with no transfer of copyright implied.

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4. Client Responsibility & Indemnity

 

The Client is responsible for ensuring all necessary permissions, releases, and rights are obtained for the reproduction of any individuals, locations, or items featured in the photographs. David Robertshaw Photography does not guarantee that such rights, clearances, or consents are in place unless expressly agreed in writing beforehand.

 

In all other cases, the Client agrees to indemnify the Photographer against any claims, legal costs, or damages resulting from a failure to secure such rights.

 

The Photographer is not responsible for any indirect losses, including loss of business, contracts, revenue, or production, resulting from the shoot. The Photographer’s liability is limited to the total fees paid by the Client for the assignment.

 

5. Payment Terms

 

A 50% non-refundable booking fee is required to secure a photoshoot date. Until this deposit is received, the Photographer is free to accept other work for that date. The balance, including any expenses, must be paid in full two weeks before the shoot.

 

As stated in section 3, all images are subject to copyright, and the Client has no rights to use watermarked images unless agreed in writing. If the Client is a company that enters liquidation, individual directors will be held responsible for all outstanding fees.

 

6. Expenses

 

All reasonable out-of-pocket expenses incurred by the Photographer during the agreed work will be reimbursed by the Client. If additional expenses are incurred due to changes in the brief by the Client, these will be subject to prior approval by the Client and added to the overall fee.

 

7. Rejection & Refunds

 

Unless previously agreed in writing, the Client may not reject the final works based on style or composition. The Photographer is not obliged to make further edits or amendments once the low-resolution, watermarked images have been shared unless expressly agreed. Any such changes will incur an additional fee.

 

Due to the nature of photography, all products and digital files are non-refundable.

 

8. Cancellations & Postponements

 

A booking is confirmed once the 50% non-refundable booking fee has been paid. If the Client cancels the booking, this deposit will not be refunded. If cancellation occurs within 14 days of the photoshoot, a further 25% of the remaining balance will be charged. Cancellations within 48 hours of the photoshoot will result in the full fee being charged.

 

Postponements or changes to the date of the shoot will be considered at the Photographer’s discretion. If no mutually agreeable alternative dates are available, the Photographer may retain the booking fee.

 

9. Supply to Third Parties The Licence to Use is specific to the Client and the product or service outlined in the agreement.

 

10. Completion Schedule

 

The Photographer will provide gallery proofs within 14 working days of the photoshoot. Once the Client has selected their final images, they will be edited and delivered via WeTransfer within 14 working days.

 

11. Electronic Storage & Editing

 

The Client may not manipulate or edit any images without the Photographer’s written permission. Any images used for commercial purposes or social media must remain unedited and must not have filters applied.

 

The Client is responsible for maintaining copies of all digital works. The Photographer is not responsible for archiving the images unless expressly agreed in writing.

 

12. Marketing Consent

 

The Photographer has the right to use, reuse, and publish images from the photoshoot for marketing purposes. If the images are for products or services not yet launched, they will not be used until after the Client’s official launch or after a 12-month period from the photoshoot.

 

13. Lightroom Presets

 

If the Photographer creates a Lightroom preset for the Client, it cannot be sold, distributed, or transferred to any other person.

 

14. Confidentiality & Data Protection

 

Any confidential information provided by the Client during the photoshoot will be treated as confidential. This includes customer lists, business strategies, and any private data. Both the Photographer and the Client agree not to share third-party confidential information unless permitted.

 

Both parties agree to comply with the Data Protection Act 2018 in handling personal data related to this agreement.

 

15. Force Majeure

 

The Photographer is not responsible for any failure to perform due to circumstances beyond their control, such as illness, emergencies, or acts of God. If the Photographer cannot perform, every effort will be made to reschedule. If this is not possible, the booking fee will be returned, and no further liability will be assumed.

 

16. Independent Contractors

 

The Photographer is not liable for any services provided by independent contractors hired by the Client, such as makeup artists or stylists. The Client is responsible for informing these contractors of any allergies or concerns.

 

17. Governing Law

 

This Agreement is governed by the laws of England & Wales.

 

18. Amendments

 

This Agreement cannot be altered except in writing and must be signed by both parties.

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19. Image Downloads from Gallery

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By downloading any image from the gallery / photo album page on this website, you agree to the above terms and conditions, including the following:

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• The images must not be altered, cropped, edited, or modified in any way, including but not limited to adding filters, overlays, or other visual adjustments, unless prior written permission is obtained from David Robertshaw Photography.

• The images must not be sold, redistributed, or used for any commercial purposes, including but not limited to advertising, marketing, or resale, without prior written consent.

• Downloading an image from the gallery signifies that you have read, understood, and accepted all terms and conditions outlined in this agreement.
  Failure to comply with these terms may result in legal action, and you agree to indemnify the Photographer against any claims, damages, or costs arising from unauthorised use.