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If the Client cancels a confirmed project, the Photographer is entitled to payment for:
Any cancellation charge stated in the applicable proposal or agreement will apply. The Client remains entitled to demonstrate that no loss, or a materially lower loss, was incurred. The Photographer remains entitled to demonstrate that the actual loss was higher.
A request to change a confirmed production date is treated as a postponement and requires the Photographer’s agreement in text form.
The Photographer will make reasonable efforts to accommodate a new date. However, availability of the Photographer, production crew, talent, locations, equipment, and other resources cannot be guaranteed.
The Client is responsible for additional costs caused by the postponement, including supplier cancellation fees, rebooking charges, travel changes, renewed pre-production, location fees, equipment rentals, and crew costs.
Unless otherwise agreed, a postponed production must take place within 90 days of the original production date. If it does not, the postponement may be treated as a cancellation.
Unless expressly included in the applicable Proposal or agreement, the Photographer’s creative or production fee does not include third-party costs or out-of-pocket production expenses.
Additional costs may include, without limitation:
The Photographer will obtain the Client’s approval before incurring material expenses that were not included in the approved budget, except where an urgent expense is reasonably necessary to protect the production and it is not practical to obtain approval in time.
Approved third-party costs may be invoiced in advance. The Photographer is not required to make supplier reservations or incur third-party commitments using the Photographer’s own funds.
Third-party costs that have been approved, incurred, or made non-cancellable remain payable if the project is cancelled or postponed.
Any estimate from a third-party supplier remains subject to that supplier’s final invoice, availability, terms, and cancellation conditions.
Where a production is materially dependent on weather, the parties will agree in advance on a weather decision deadline and, where practical, an alternative production date.
If the Client elects to proceed despite conditions that the Photographer has identified as unsuitable, the Client accepts the reasonably foreseeable effect of those conditions on the production and final material.
If the Photographer is unable to perform due to illness, accident, emergency, or another circumstance beyond the Photographer’s reasonable control, the Photographer may propose a replacement date or, where appropriate and subject to the Client’s approval, a suitably qualified replacement photographer.
If neither option is reasonably available or accepted, the Photographer will refund payments received for services that have not been performed. This does not affect liability that cannot legally be excluded.
Neither party is responsible for delay or non-performance caused by circumstances beyond its reasonable control, including severe weather, natural disaster, fire, flood, epidemic restrictions, transport disruption, government action, venue closure, power or network failure, civil unrest, labor disruption, equipment loss not caused by negligence, or the sudden unavailability of essential personnel.
The affected party must inform the other party without undue delay and take reasonable steps to reduce the resulting disruption.
Where performance remains reasonably possible at a later date, the parties will cooperate in good faith to reschedule the affected services.
The Client remains responsible for services already performed and for approved third-party costs that cannot reasonably be recovered.
If the disruption continues for more than 60 days and the parties cannot agree on a commercially reasonable alternative, either party may terminate the affected portion of the agreement in text form. Payments for services not performed will be refunded, less amounts properly payable for completed work and non-recoverable approved costs.
The Client may provide licensed files to agencies, printers, media buyers, web developers, retouchers, publishers, production vendors, and other service providers solely to the extent necessary to execute the Client’s licensed use.
Such service providers:
The Client remains responsible for ensuring that its service providers comply with the applicable license restrictions.
Use by an affiliated company, parent company, subsidiary, retailer, distributor, marketplace seller, commercial partner, sponsor, publication, or co-branded campaign is not automatically included and requires express permission unless identified in the applicable Usage Schedule.
No third party may sublicense, sell, assign, distribute, license, or otherwise commercially exploit the images independently.
Within the scope of the granted license, the Client may make reasonable technical adjustments required for the licensed use, including resizing, file compression, placement within a layout, and proportionate cropping for different platform formats.
Such adjustments must not materially alter the meaning, visual integrity, color treatment, or creative character of the image.
Unless expressly approved by the Photographer in text form, the Client may not:
Unless expressly licensed in writing, the Client may not use the images, deliverables, working files, or any substantial part of them:
AI-assisted technical processing that does not create new expressive content, materially alter the image, or expose the files to model training may be permitted only where it complies with the granted license, applicable law, and the relevant platform’s terms.
If the Client requires an adaptation outside the permissions above, the parties may agree on the adaptation, approval process, fee, and any additional usage rights in text form.
The Client acknowledges that the Photographer has been selected on the basis of the Photographer’s portfolio, visual style, creative approach, and professional judgment.
Subject to the approved brief and agreed deliverables, the Photographer retains reasonable creative and technical discretion regarding lighting, composition, camera position, lens selection, timing, direction, image treatment, color, contrast, cropping, and other production decisions.
Creative discretion does not permit the Photographer to disregard material requirements expressly approved in the applicable brief or agreement.
Unless otherwise agreed, the Photographer selects the images that are technically and creatively suitable for presentation or delivery.
Images that are duplicates, test frames, technically unsuitable, incomplete, unflattering, inconsistent with the approved direction, or otherwise not selected by the Photographer are not part of the deliverables.
The Client has no entitlement to receive every image captured during the production.
RAW files, unedited photographs, layered retouching files, contact sheets, project files, Capture One sessions, Photoshop files, and other working materials are not included unless expressly stated in the applicable agreement.
If working files are supplied, their permitted use and any additional fee must be agreed separately in text form.
A subjective preference that differs from the Photographer’s established style does not, by itself, constitute a defect where the delivered work materially follows the approved brief and agreed specifications.
The Client’s statutory rights in relation to actual defects remain unaffected.
Deliverables will be supplied in the formats, dimensions, color spaces, and delivery method stated in the applicable Proposal or agreement.
Any delivery date is an estimate unless expressly identified as a binding deadline in the applicable agreement.
A binding deadline is subject to the Client providing all required materials, approvals, selections, and payments on time.
The Client is responsible for downloading and securely storing all delivered files before the delivery link expires.
Unless otherwise stated, online galleries and download links may be removed 30 days after delivery.
The Client should maintain at least one independent backup of all delivered material.
The Photographer will use reasonable care when storing final delivered files but does not guarantee permanent archiving.
Unless otherwise agreed, the Photographer may retain final delivered files for up to 12 months following delivery. RAW files, unselected images, working files, and production materials may be deleted earlier.
After delivery, the Photographer is not liable for the Client’s loss, deletion, corruption, alteration, or failure to download the files.
If archived files remain available, the Photographer may charge a reasonable administration or restoration fee for renewed access, redelivery, reformatting, or reconstruction.
The Photographer cannot guarantee that files will remain recoverable after the applicable archive period.
The Client must appoint one authorized representative to provide instructions, approvals, feedback, and final decisions on the Client’s behalf.
The Photographer may rely on instructions and approvals provided by that representative. Conflicting instructions from different Client stakeholders may pause the project until the Client provides a unified decision.
The Client is responsible for reviewing and approving, where applicable:
Approvals must be provided within the period stated in the applicable production schedule. If no period is stated, the Client must respond within five business days of receiving the relevant request.
Delayed, incomplete, or conflicting feedback may extend the production and delivery schedule. The Photographer is not responsible for deadlines missed as a result of Client delay.
A material change to an approved concept, shot list, production plan, schedule, location, casting decision, deliverable, or usage requirement constitutes a scope change.
The Photographer will notify the Client if a requested change is expected to affect the fee, production cost, licensing fee, or delivery schedule. The Photographer is not required to begin the additional or revised work until the change has been approved in text form.
The number and type of included revision rounds are defined in the applicable Proposal or agreement.
Unless otherwise agreed, revisions do not include:
Additional revisions and scope changes may be invoiced separately at the agreed rate or, if no rate was agreed, at the Photographer’s then-current rate.
The Client confirms that it holds all rights, permissions, licenses, and approvals necessary for the Photographer to use materials supplied or specified by the Client for the agreed production.
This includes, where applicable:
The applicable Proposal or agreement must identify which party is responsible for obtaining model releases, talent agreements, property releases, location permissions, trademark permissions, and any other release required for the intended use.
Where the Client engages or supplies the talent, location, property, product, or protected material, the Client is responsible for ensuring that the applicable permissions cover the agreed media, duration, territory, and commercial purpose.
The Photographer is not responsible for usage restrictions arising from agreements entered into directly by the Client, its agency, its producer, or another third party.
The Client is responsible for the final legal, regulatory, and factual review of the campaign in which the images are used.
This includes responsibility for:
If a third party asserts a claim arising from material, instructions, permissions, or campaign use for which the Client was responsible, the Client must promptly inform the Photographer and provide reasonable cooperation in addressing the claim.
To the extent permitted by law, the Client is responsible for reasonable losses and costs caused by the Client’s culpable breach of the obligations in this Section. This does not apply where the Photographer caused or contributed to the relevant infringement.
