Terms & Conditions

By commissioning work from Richard Miles Photography Ltd (the “Photographer”) or using any licensed photographic material provided by the Photographer, the Client agrees to be bound by the following Terms & Conditions (the “Terms”).

1. DEFINITIONS
1.1 Client means the agency, advertiser, brand, or individual commissioning or licensing the Photographer’s work.
1.2 Photographs means all photographic material created by the Photographer, including, without limitation, digital files, prints, negatives, transparencies, or any other medium.
1.3 Licence means the right to reproduce the Photographs for the agreed purposes, media, territories, and duration as set out in writing by the Photographer.

2. FEES, DEPOSITS & PAYMENT
2.1 A non-refundable deposit of 50% of the day rate is payable upon booking to secure the commission date.
2.2 The remaining 50% of the day rate is payable before any post-production or retouching work begins.
2.3 A standard photographic shoot day is defined as the period from 9:00am to 6:00pm. Any work performed outside of these hours will be considered overtime and charged at the agreed hourly rate for both the photographer and any assistant, in addition to the agreed day rate.
2.4 No use of the Photographs or delivery of retouched images is permitted until full payment has been received.
2.5 Late payments shall incur statutory interest and any associated recovery costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

3. COPYRIGHT, OWNERSHIP & LICENSING
3.1 Copyright in all Photographs remains vested in the Photographer in accordance with the Copyright, Designs & Patents Act 1988.
3.2 All negatives, transparencies, and digital files remain the sole property of the Photographer.
3.3 The Client is granted a Licence to use the Photographs only after full payment and strictly in accordance with the scope agreed in writing (purpose, media, territory, and duration). Licensing does not transfer copyright ownership unless explicitly agreed in writing.
3.4 Any additional or extended use of the Photographs requires prior written permission from the Photographer and may incur additional fees.
3.5 Should the Client wish to acquire copyright ownership of the Photographs, a separate written agreement and fee must be executed, and ownership shall transfer only upon full payment of the agreed sum.
3.6 The Photographer reserves the right to use the Photographs for self-promotion, portfolio, competition entries, editorial purposes, and marketing.
3.7 Digital files provided to the Client are for licensed use only and not for resale or distribution.

4. CREDIT
4.1 The Client shall ensure that the Photographer’s name appears in a reasonably prominent position whenever the Photographs are published, both in print and in digital format (e.g., “© Richard Miles”).
4.2 The Photographer asserts all moral and statutory rights of attribution and integrity under Sections 77–79 of the Copyright, Designs & Patents Act 1988.

5. EXCLUSIVITY
5.1 The Client shall have exclusivity over the Photographs only for the purposes, media, territories, and duration expressly agreed in writing in the Licence.
5.2 The Photographer retains the right to use the Photographs for self-promotion, portfolio, competition entries, editorial purposes, and marketing.
5.3 After the expiry of the exclusivity period, the Photographer may license the Photographs to other parties for other purposes, without restriction.
5.4 Any request for extended exclusivity must be agreed in writing and may incur additional fees.

6. CLIENT RESPONSIBILITIES & INDEMNITY
6.1 The Client warrants that all necessary permissions, releases, and clearances have been obtained for the commission, including but not limited to: model releases, property rights, trademarks, logos, and location consents, as well as any content, materials, or assets supplied to the Photographer.
6.2 The Client agrees to indemnify and hold harmless the Photographer from any claims, damages, expenses, or liabilities arising from failure to obtain such permissions or from the use of any supplied content.
6.3 The Photographer shall only indemnify the Client where expressly agreed in writing and limited to claims arising directly from the Photographer’s breach of these Terms.

7. CANCELLATION & POSTPONEMENT
7.1 In the event of cancellation of a confirmed booking by the Client:
(a) More than fourteen (14) days prior to the shoot: the deposit is non-refundable; the Client is responsible only for any unrecoverable expenses incurred by the Photographer.
(b) Between seven (7) and fourteen (14) days prior: fifty percent (50%) of the agreed fee, plus any unrecoverable expenses, is payable.
(c) Within seven (7) days prior: one hundred percent (100%) of the agreed fee, plus any unrecoverable expenses, is payable.
7.2 Postponements must be agreed in writing by the Photographer. Additional fees may apply at the Photographer’s discretion, including any costs associated with rebooking or extended scheduling.
7.3 All cancellations or postponements must be communicated in writing (email is acceptable) and are not considered effective until acknowledged by the Photographer.
7.4 The deposit paid to secure the booking is non-refundable under all circumstances, including cancellation or postponement, except where otherwise agreed in writing.

8. REJECTION
8.1 Photography is a creative service; the Photographer’s artistic judgment regarding style, composition, and interpretation is final.
8.2 Rejection of the Photographs is not permitted if the work is consistent with the agreed brief.

9. STORAGE & ALTERATIONS
9.1 The Photographs may not be stored electronically or otherwise beyond the scope of the Licence without the Photographer’s prior written consent.
9.2 The Client may not alter, crop, manipulate, or otherwise modify the Photographs without prior written approval.
9.3 Any unauthorised alteration or manipulation shall constitute a breach of these Terms and may result in termination of the Licence.

10. DELIVERY & LIABILITY
10.1 The Photographer shall make reasonable efforts to deliver the Photographs within the agreed timeframe.
10.2 The Photographer shall not be liable for delays caused by circumstances beyond reasonable control.
10.3 The Photographer’s total liability for any loss or damage arising from the commission shall be limited to the total invoice value.

11. TERMINATION OF LICENCE
11.1 The Photographer may revoke the Licence immediately if the Client breaches these Terms, including but not limited to non-payment, unauthorised use, or unauthorised alteration of the Photographs.
11.2 Upon termination, the Client shall immediately cease all use of the Photographs.

12. FORCE MAJEURE
12.1 The Photographer shall not be liable for failure to perform obligations due to circumstances beyond reasonable control, including but not limited to illness, accidents, natural disasters, strikes, industrial disputes, transport disruption, power failure, or equipment breakdown.

13. GOVERNING LAW & VARIATION
13.1 These Terms shall be governed by and construed in accordance with the laws of England & Wales.
13.2 Any variation, amendment, or waiver of these Terms shall be effective only if in writing and signed by both the Photographer and the Client.

Richard Miles Photography Ltd
+44(0)7812 56 31 33
studio@richardmilesphotography.co.uk
www.richardmilesphotography.co.uk