Terms & Conditions
1. Applicability and conclusion of contract
1.1 These Terms and Conditions (“Terms”) govern all contracts and services provided by WALKING FOCUS (“the Photographer”) to clients (“the Client”) worldwide. They apply exclusively to all legal relations arising from the provision of photography, image editing, prints, digital files, and related deliverables.
1.2 By commissioning any services, the Client accepts these Terms in full. Any divergent terms proposed by the Client have no effect unless expressly agreed in writing by the Photographer.
1.3 The scope of services, agreed fees, deadlines, and deliverables shall be as set out in the written offer, booking confirmation, contract, or other binding document (“Offer Documents”). The Photographer shall retain discretion to conduct creative judgement and deliver services consistent with professional standards within the agreed framework.
1.4 All agreements supersede prior negotiations and understandings. Amendments must be in writing and signed by both parties to be valid.
2. Definitions
2.1 For clarity, “images” include all photographic materials, prints, transparencies, digital files, or other electronic media produced under this contract.
3. Client cooperation and responsibilities
3.1 The Client shall provide timely, accurate, and complete information, access to locations, persons, and materials necessary for performance of services. The Client bears responsibility for any delay or additional costs resulting from failure to cooperate.
3.2 The Client warrants that all materials provided (logos, content, instructions) are free from third-party rights or encumbrances and authorises their use by the Photographer. The Client agrees to indemnify and hold harmless the Photographer against any third-party claims stemming from infringement or misuse.
3.3 The Client shall keep the Photographer informed promptly about any relevant issues such as location restrictions, model releases, or scheduling changes.
3.4 The Client shall cooperate to the extent necessary to defend contract rights and third-party claims even after contract termination.
4. Licensing and usage rights
4.1 The Photographer retains full copyright and all proprietary rights in all photographs, digital files, prints, and any other materials produced during and after the provision of services under this contract.
4.2 The Client is granted a limited, non-exclusive, non-transferable licence to use the delivered images only for the specific purpose(s) explicitly agreed in writing, which may include personal use, commercial advertising, editorial use, or other permitted usages as detailed in the Offer Documents.
4.3 This licence does not constitute ownership or transfer of copyright, and the Photographer reserves all rights not expressly granted to the Client.
4.4 The Client agrees that any use of the images beyond the agreed scope is prohibited unless prior written approval is obtained from the Photographer, who may charge additional licence fees for extended use, sublicensing, resale, publishing in additional media, merchandise, or other commercial exploitation.
4.5 The Client may not alter, crop, or manipulate the images in any way that would distort the meaning, content, or artistic integrity without the express written consent of the Photographer.
4.6 The Photographer reserves the right to require credit attribution in connection with image use in any public or commercial context, to be specified in the licence terms.
4.7 Digital files delivered do not include RAW or original source files unless otherwise specified. Use of RAW files requires explicit agreement and licence.
4.8 The Photographer retains the right to use images produced for promotional, advertising, portfolio, and archival purposes unless expressly waived by the Client in writing.
4.9 The Client shall ensure that the images are used in a lawful manner, in compliance with applicable regulations and without infringing the rights of any third parties.
4.10 The Photographer is not responsible for unauthorized use or copying of images by third parties once delivered to the Client.
4.11 In cases where print licenses or high-resolution images are purchased, these are strictly for personal use unless otherwise agreed. The Client shall not upload or share these images on public platforms without watermark or Photographer’s approval.
4.12 Transfer or sharing of digital files to third parties is prohibited without prior written consent and may incur additional licensing fees.
5. External subcontractors
5.1 The Photographer may employ subcontractors or third parties for specialised services at their discretion, remaining responsible for overall delivery and quality.
5.2 The Client assumes responsibility for obligations towards any third parties engaged as part of the fulfilment of services.
6. Booking, payment, and fees
6.1 A non-refundable booking fee (typically 30% of the total cost) is required to confirm dates and reserve services. The session date is not confirmed until this fee is received.
6.2 The remaining balance and any additional charges (e.g., travel expenses outside 70 miles radius) must be paid no later than 7 days before the shoot or as per contract.
6.3 Acceptable payment method include bank transfer, or other agreed means.
6.4 Failure to pay on time may result in suspension or cancellation of services, and fees remain due. Interest and collection costs apply to late payments.
6.5 Estimates are not binding. If costs exceed estimates by more than 15%, the Photographer will inform the Client who must approve or propose alternatives within 3 working days.
6.6 The Client may not offset or withhold payments without prior written agreement or court ruling.
7. Delivery and deadlines
7.1 Delivery timeframes provided are guidelines only, not guaranteed deadlines, unless explicitly confirmed in writing.
7.2 Delays due to force majeure or other uncontrollable circumstances will extend deadlines accordingly.
7.3 A grace period of 14 days applies before the Photographer is in default.
7.4 The Photographer will notify the Client as soon as delays are anticipated. If delays extend beyond 2 months, either party may rescind the contract.
8. Cancellation, postponement, and rescheduling
8.1 Client cancellations or postponements must be communicated promptly in writing.
8.2 Cancellations more than 7 days before the event may forfeit only the booking fee. Within 7 days, cancellation fees up to full contract value may apply.
8.3 Postponements are subject to the Photographer’s availability and may incur revisited pricing if specials expire. Only one postponement allowed; further changes treated as cancellations.
8.4 In extreme weather impacting outdoor shoots, rescheduling will be arranged. If not possible, partial or full refunds will be considered.
8.5 The Photographer may cancel due to illness, injury, or exceptional situations. Liability is limited to refund of fees paid. Replacement photographers may be offered.
9. Lateness policy
9.1 If the Client is late but arrives within 15 minutes of the scheduled time, the Photographer will still honour the session but without extending its duration.
9.2 Lateness may reduce the number and variety of images produced.
10. Image processing and selection
10.1 The Photographer has sole discretion over selection and processing of images, including artistic style and retouching.
10.2 The Client’s preferences will be considered but do not guarantee specific images or styles.
10.3 High resolution files, prints, and further retouching are subject to package terms or additional fees.
11. Usage, print licenses, and social media
11.1 Web-sized digital images with watermarks may be shared online with family and friends, provided the watermark remains visible.
11.2 High-resolution images are supplied strictly for personal use and not to be shared, altered, or redistributed without permission.
11.3 Any online sharing should credit WALKING FOCUS appropriately.
11.4 Unauthorized use or third-party distribution of images may incur premium charges.
12. Print and digital file policies
12.1 The Client may order prints or other products for up to 12 months post-shoot. After which images may be archived and print availability is not guaranteed.
12.2 Clients should backup digital files as the Photographer cannot guarantee media reliability once delivered.
12.3 The Photographer is not responsible for printing quality from third-party suppliers but may provide advice.
13. Limitations of liability and indemnity
13.1 The Photographer’s liability is capped at the total amount paid for services.
13.2 Liability for indirect, consequential, or emotional damages is excluded except for gross negligence or willful misconduct.
13.3 The Client indemnifies the Photographer against third-party claims arising from breach of contract, illegal content, misuse of images or failure to secure permissions.
13.4 The Photographer is not liable for photos ruined by external factors such as guest photography or flashes.
14. Confidentiality and data protection
14.1 Both parties shall keep confidential any business or personal information learned during the contract.
14.2 The Photographer handles Client data in compliance with applicable privacy laws and may use anonymised material for promotion.
14.3 The Client consents to marketing communications until revoked.
15. Health, safety, and child protection
15.1 The Photographer complies with health and safety regulations and conducts risk assessments for sessions including lighting and props.
15.2 For clients involving minors, the Photographer abides by relevant child protection laws and may require parental/guardian consent.
15.3 Copies of risk assessments and certifications are available upon request.
16. Complaints and disputes
16.1 The Client should initially address complaints directly with the Photographer by email or phone. Responses will be made promptly.
16.2 WALKING FOCUS commits to professional conduct abiding by industry codes of practice.
16.3 Unresolved disputes shall be resolved under applicable law in the jurisdiction of WALKING FOCUS.
17. Limitation of Liability & Equipment Failure
17.1 The Photographer shall take all reasonable precautions to ensure the integrity and security of all digital images. However, in the unlikely event of total photographic failure, equipment malfunction, lost or corrupted memory cards, or any technical failure beyond the Photographer’s control, the Photographer’s liability shall be limited to a full refund of all monies paid for the services, or a reshoot if both parties agree and scheduling permits. The Photographer will not be liable for any consequential, emotional, or indirect loss suffered by the Client. It is understood that the Photographer cannot guarantee delivery of any specific image(s) due to the above risks, and the Client accepts this limitation as part of the agreement.
18. Force majeure
18.1 Neither party is liable for failure or delay caused by events beyond reasonable control including natural disasters, illness, strikes, or technical issues.
19. General provisions
19.1 If any provision is found unenforceable, the remainder remains valid.
19.2 These Terms, together with Offer Documents, constitute the entire agreement and supersede all previous communications.