By booking the services of Katie Hayward (the Photographer), you (the Client) are in acceptance of and in agreement with the following terms and conditions:

​

1. The Photographer has certain skills and abilities in the field of photography that you, the Client wishes to use. The Client engages the Photographer to take the photographs which will be detailed in advance of the shoot date.  

2. The Photographs shall be taken on a date which is arranged in advance and is based on the Photographers availability.

3. The timeframe required to complete the job shall be agreed in advance with the Photographer and will be based on the information and requirements the client provides to the photographer.  Should the shoot overrun for reasons out of the photographers control or as a result of additional requests made during the shoot activity, which were not agreed in advance, additional charges will be made at an equivalent of £100 per hour in 15 minute increments.

4. The number of Photographs required and the format, sizing and/or medium in which they are to be delivered will be given to the photographer at the earliest opportunity prior to the shoot taking place.  The client may make one occurrence of changes to the sizing, crop or format of the images without additional charge.  Beyond this, additional charges will apply to cover for the time required to undertake such requests at an equivalent rate of £60 per hour charged in 15 minute increments.

5. The photographer will provide the client with a quotation for the shoot in advance, based on the information the client provides to the photographer in advance of the shoot date, and will need to be agreed by both parties prior to a booking being confirmed. 

6. The Photographer will be responsible for the post production editing of all photographs and does not permit editing to be conducted by any other party, unless the Photographer gives consent and this is agreed in advance of the shoot date.  

7. Editing and post production of all images has a standard processing time of two weeks from the date of the completion of the photography activity.  Should the client require the images within a shorter timeframe, this must be agreed in writing with the Photographer prior to any photography activities taking place and may attract additional costs depending on the size and scope of the project.  Please note image files will only be made available for download once full payment has been made.  Please refer to clause 10 for further information.

8. Should editing and post production of the images created under the terms of this agreement require additional editing beyond what the Photographer regards as standard practice, as a direct result of poor preparation of the location and/or subjects by the client, the Photographer reserves the right to make additional charges for the additional time taken to complete the job at an equivalent rate of £60 per hour, charged in 15 minute increments.

9. Cancellation may be made without further liability by written notice to the Photographer not less than 30 (thirty) days before the Shoot Date. If any cancellation takes place less than 30 (thirty) days before the Shoot Date then 50% of the shoot quotation shall be paid to the Photographer by the Client. If the client wishes to reschedule a shoot date, this may be done without further liability but is based on the photographers availability. 

10. Completed images for this job will be made available to the client to view in a password protected gallery and the relevant URL link and password will be provided to the Client by the Photographer.  Once payment has been received, the images will be made available for download.  The images will then be hosted in this gallery for a period of six months.  

11. In the event of late payment beyond our payment terms of 30 days from the date of any invoice issued by the Photographer to the Client, the Photographer reserves the right to make further charges in accordance with UK law for Statutory Interest, the details of which can be viewed here. 

12. These terms and conditions will come into force upon the booking of the Photographers services and will continue until the Photographer has complied with the obligations agreed with the client in advance of the shoot.  

13. The Photographer will deliver the services set out in this Agreement with the care, skill and diligence required in accordance with best practice in the Photographer’s industry.  

14. The parties agree that responsibility for ensuring the availability of any Subjects and Locations required for the shoot Insofar as the Client is responsible for ensuring the availability of the Subjects and/or the Locations, the Client agrees to ensure such availability in a timely manner in advance of the Shoot Date(s).  The Photographer will not be held liable for failure to complete the Photographs by the Delivery Date(s) or at all in the event that the Client does not comply with this clause. 

15.  In the event that the Subjects and/or the Locations are to be hired, employed, contracted or provided by the Client, then the Client shall procure that the Subjects have given consent and/or sign a Release Form.   In the event that the Subjects and/or the Locations are to be hired, employed, contracted or provided by the Photographer, then the Photographer shall procure that the Subjects have given consent and/or sign a Release Form.  

16. The Photographer undertakes to notify the Client as soon as is reasonably practicable if the Photographer is unable to provide the photographic services due to illness or injury. 

17. The Photographer agrees to comply with the Client’s health and safety procedures from time to time in force if the location for the Photographs is at the Client’s premises and provided that the Client has notified the Photographer of such health and safety procedures in writing prior to the date(s) when the Photographs are taken.  

18. The Photographer confirms that the Photographer has suitable public liability insurance covering the Photographer against the reasonable risks of public liability arising from the provision of the Photographer’s services.   

19. The Photographer grants to the Client a non-exclusive perpetual licence to utilise the Photographs taken as part of the job solely for the purposes agreed in advance. All other rights in and to in all images taken as part of the job (whether or not they are part of the final Photographs) are reserved by the Photographer, including all copyright throughout the world (and all rights of extension and renewal of copyright). 

20. The licence for usage granted by the Photographer will come into force once full payment has been made for the images created for the shoot activity.  

21. The Photographer reserves the right to licence images created under the terms of this agreement to any other party at their own discretion. The Client is not permitted to distribute any images for usage to and by any other party, unless agreed in advance, and the photographer must be consulted with on all matters relating to this.

22. The Client agrees to acknowledge the Photographer and the photographer hereby asserts their moral right to be credited as author of the images and/or the Photographs whenever the Photographs are published by the Client in any medium, and shall use best efforts to acknowledge the Photographer as author of the images and/or the Photographs whenever the Photographs are published by any third party, in any medium. 

23. Neither party to this Agreement is authorised or empowered to act as agent for the other for any purpose and will not on behalf of the other enter into any contract, warranty, or representation as to any matter.  Neither will be bound by the acts or conduct of the other. 

24. The relationship of the Photographer to the Client will be that of an independent contractor and nothing in this Agreement will make the Photographer an employee, worker, agent or partner of the Client and the Photographer will not hold themselves out as such.  

25. This Agreement is a contract for the provision of photographic services and is not a contract of employment and accordingly the Photographer is fully responsible for any income tax national insurance or social security contributions arising from the Payment(s) made to the Photographer under this Agreement. 

26. The Photographer will use best commercial efforts to comply with the aims and goals of the shoot, as detailed in advance by the Client, but no particular image is guaranteed. In no event shall the Photographer be liable to the Client for any amount which exceeds the Payment (whether arising in tort (including for negligence or breach of statutory duty), contract, misrepresentation, or for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses arising from the provision of the Photographer’s services under this Agreement. 

27. However, nothing in these terms and conditions excludes the Photographer’s liability for death or personal injury arising out of the negligent provision of the Photographer’s services; or for fraud or fraudulent misrepresentation. 

28. Both parties agree to keep confidential all matters relating to this Agreement unless this Agreement permits otherwise. 

29. Either party may assign this Agreement and/or any of its rights and obligations to any holding company, and/or subsidiary and/or associated companies, or to any successor in title, or to any entity acquiring all or substantially all of its assets  

30.  This Agreement is governed by the laws of England and Wales and the parties to this Agreement submit to the exclusive jurisdiction of the courts of England and Wales.