Matt Phillips Photography
These Terms of Business apply to photography services provided by Matt Phillips Photography ("the Photographer", "I", "me" or "my").
By booking, commissioning or engaging my photography services, the Client ("you" or "your") agrees to these Terms of Business together with any quotation, proposal, booking confirmation, statement of work or separate licensing agreement provided by me.
Where a separate written agreement has been agreed for a particular commission, the terms of that agreement will take precedence over these Terms of Business where there is any conflict.
1. Definitions
For the purpose of these Terms of Business:
"The Photographer", "I", "me" or "my" refers to Matt Phillips Photography, operated by Matt Phillips.
"The Client", "you" or "your" refers to the individual, company, organisation, agency or other entity booking or commissioning photography services from the Photographer.
"Photography Services" means the photography services agreed between the Photographer and the Client, which may include commercial photography, event coverage, sports and adventure photography, portraiture, brand photography, image editing, post-production and delivery of photographs.
"Images" or "Photographs" means any photographs created by the Photographer as part of the Photography Services, including edited images, proofs and other photographic material.
"Photography Fee" means the fee agreed for the Photographer's services, including the time, expertise, equipment, photography, editing and delivery specified in the agreed quotation or booking confirmation.
"Commercial Use" means any use of an Image by a business, organisation, agency, brand or individual for the purpose of promoting, marketing, advertising or otherwise commercially benefiting a business, product, service, event or organisation.
"Licence" or "Commercial Licence" means the permission granted by the Photographer for the Client to use specified Images for agreed purposes, media, territory and period of time. A Licence does not transfer ownership or copyright of the Images unless this is expressly agreed in writing.
"Personal Use" means private, non-commercial use of Images by an individual where the Images are not being used to promote or commercially benefit a business, brand, product, service or organisation.
"Copyright" means the copyright and associated intellectual property rights in the Images. Unless expressly assigned in writing, copyright remains with the Photographer.
"Usage" means the specific ways in which the Client is permitted to use the Images under an agreed Licence.
"Unauthorised Use" means any use of an Image outside the rights granted under these Terms of Business or an agreed Licence.
"Booking" means the Client's confirmed acceptance of the Photographer's quotation, proposal or services, whether confirmed in writing, electronically or by payment of a booking fee or deposit.
"Working Day" means Monday to Friday, excluding UK public holidays.
2. General
I operate as an independent freelance photographer.
All Photography Services are provided on the basis of these Terms of Business and any specific terms contained within the relevant quotation or booking confirmation.
Any variation to these Terms must be agreed in writing.
Where an agency, production company or other third party commissions my services on behalf of a Client, that party remains responsible for ensuring that the agreed fees, usage requirements and payment terms are communicated clearly and agreed with me before the commission takes place.
Unless specifically agreed in writing, I am not responsible for paying agency, production or third-party fees or commissions from my agreed Photography Fee.
I will not be subject to any exclusivity, non-compete or similar restriction unless this has been specifically discussed and agreed in writing and may be subject to an additional fee.
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3. Quotations and Bookings
A quotation is valid for the period stated on the quotation.
Unless otherwise stated, a quotation is based on the information available to me at the time it is prepared. If the scope of a project changes, I reserve the right to revise the quotation accordingly.
A booking is confirmed when the Client accepts the quotation or proposal and/or pays the required booking fee or deposit.
Once a booking has been confirmed, I reserve the agreed date and commit my time and resources to the commission.
Any significant changes to the scope, duration, location, deliverables or usage requirements may result in an additional fee.
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4. Fees and Payment
The Photography Fee will be agreed before the commission takes place.
Unless otherwise stated:
- A 25% booking fee/deposit is required to secure a booking.
- The remaining balance is payable within 30 days of the invoice date for commercial clients, unless alternative payment terms have been agreed in writing.
- For private clients, payment terms may differ and will be confirmed at the time of booking.
- Any agreed expenses, travel, accommodation, location fees, permits, parking or other third-party costs will be charged separately where applicable.
The booking fee/deposit is non-refundable where the Client subsequently cancels the booking, except where otherwise required by law.
For larger commercial commissions, I may require staged payments or payment in full before the shoot. This will be agreed in advance.
Late Payment
If a commercial invoice remains unpaid after the agreed payment date, I reserve the right to charge statutory interest and compensation in accordance with applicable UK legislation.
For qualifying business-to-business transactions, statutory interest is generally calculated at 8% above the Bank of England base rate, together with any applicable statutory compensation for recovery costs. (Small Business Commissioner)
I also reserve the right to suspend further work or withhold delivery of images where invoices remain overdue.
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5. Cancellation and Rescheduling
I understand that circumstances can change. Where possible, I will work with the Client to reschedule a booking.
Cancellation by the Client
Unless otherwise agreed in writing:
- Cancellation more than 28 days before the scheduled shoot: the Client will forfeit the booking fee/deposit only.
- Cancellation between 14 and 28 days before the scheduled shoot: 50% of the agreed Photography Fee will be payable.
- Cancellation between 7 and 13 days before the scheduled shoot: 75% of the agreed Photography Fee will be payable.
- Cancellation within 7 days of the scheduled shoot: 100% of the agreed Photography Fee will be payable.
Any expenses already incurred or committed on behalf of the Client may also be charged.
For larger productions, events or commissions involving additional photographers, editors, assistants, travel or accommodation, cancellation terms may be agreed separately and will take precedence over these standard terms.
Rescheduling
Where a Client requests a change of date, I will make reasonable efforts to accommodate the new date, subject to availability.
If the new date cannot be accommodated, the booking may be treated as a cancellation.
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6. Outdoor Events, Sport and Weather
For outdoor, adventure and sporting photography, weather and environmental conditions can have a significant impact on a commission.
I will make reasonable efforts to deliver the agreed Photography Services, but I cannot guarantee specific weather, lighting, sporting conditions, participant behaviour or other environmental circumstances.
Where an event proceeds in difficult weather conditions, the Photography Fee remains payable.
Where an event itself is cancelled or postponed by the organiser, the cancellation and rescheduling provisions above will apply unless alternative arrangements have been agreed in writing.
I will always endeavour to work safely and professionally and reserve the right to stop or modify photography activities where I reasonably believe that conditions present a serious risk to myself, my equipment or others.
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7. Copyright
Copyright in photographs created by me remains with the Photographer unless copyright is expressly assigned to the Client in a separate written agreement.
Payment for Photography Services does not constitute a transfer of copyright.
Copyright in photographs generally arises automatically when the work is created, and photographs are protected as copyright works under UK law. (The National Archives)
The Client may not sell, transfer, sublicense, distribute, reproduce or otherwise exploit the Images beyond the rights specifically granted under an agreed Licence.
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8. Commercial Image Licensing
Where Images are created for commercial, promotional, advertising, editorial or business purposes, the Client will receive only the usage rights specifically agreed in writing.
A Photography Fee covers the Photography Services themselves. It does not automatically provide unrestricted commercial usage rights.
A Commercial Licence may specify:
- the Images covered by the Licence;
- permitted usage;
- media and platforms;
- geographic territory;
- duration;
- campaign or project;
- number of Images;
- whether paid advertising is permitted;
- whether third-party use is permitted;
- whether the Licence is exclusive or non-exclusive; and
- any other agreed restrictions.
Unless specifically agreed otherwise, commercial usage is non-exclusive.
Examples of usage that may require a separate or extended Licence include:
- paid social media advertising;
- digital advertising;
- print advertising;
- billboards and outdoor advertising;
- packaging;
- product use;
- editorial publication;
- third-party publication;
- merchandise;
- resale or redistribution;
- use by affiliates, sponsors or partner organisations;
- use beyond the agreed Licence period; and
- use outside the agreed territory.
If the Client wishes to use an Image outside the agreed Licence, they must contact me before doing so.
Additional usage may be subject to an additional licensing fee.
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9. Commercial Licence Does Not Transfer Copyright
Unless copyright assignment has been expressly agreed in writing, a Commercial Licence grants permission to use an Image for the agreed purposes only.
The Client does not acquire ownership of the Image or its copyright by purchasing a Photography Service or Commercial Licence.
I retain the right to license the same Images to other parties unless an exclusive Licence has been agreed.
Where an exclusive Licence is requested, the scope, duration, territory and fee will be agreed separately.
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10. Personal Use
Where photography is commissioned for private or personal purposes, the Client is granted a non-exclusive licence to use the delivered Images for personal, non-commercial purposes.
This may include:
- personal social media;
- personal websites;
- personal printing;
- sharing with friends and family.
Personal-use Images may not subsequently be used for commercial purposes without obtaining the appropriate Commercial Licence.
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11. Image Alteration and Editing
I retain creative control over the final editing and presentation of my work.
The Client may not materially alter, manipulate, filter, retouch or otherwise edit delivered Images without my prior written permission.
Reasonable cropping or resizing for the requirements of a particular platform may be permitted, provided the Image is not materially altered.
Images must not be used in a way that could reasonably be considered defamatory, misleading or damaging to my professional reputation.
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12. Image Credit
Where reasonably practicable, the Client agrees to credit Matt Phillips Photography when publishing Images on social media, websites or other platforms.
Suggested credit:
Photography: Matt Phillips Photography
@mattphillipsphotography
Credit requirements may be waived or amended as part of a Commercial Licence.
Failure to provide a credit where one has been agreed does not transfer copyright or create a right to use the Image outside the agreed Licence.
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13. Unauthorised Use
Any use of an Image outside the agreed Licence constitutes unauthorised use.
This includes, but is not limited to:
- using an Image for a different commercial purpose;
- using an Image after a Licence has expired;
- using an Image in a different territory;
- using an Image in paid advertising where this has not been licensed;
- transferring an Image to another business or organisation;
- sublicensing an Image;
- selling or redistributing an Image; or
- using an Image without the required permission.
Where unauthorised use occurs, I reserve all rights available to me under applicable copyright and contract law.
Unauthorised use may result in an additional licensing fee being charged and/or further action being taken where appropriate.
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14. Photographer's Use of Images
Unless otherwise agreed in writing, I retain the right to use Images created during a commission for:
- my portfolio;
- website;
- social media;
- promotional material;
- marketing;
- competitions;
- exhibitions;
- editorial features relating to my work; and
- other reasonable self-promotional purposes.
Where a Client requires confidentiality, embargoes, anonymity or exclusive use, this should be discussed before the commission takes place.
An exclusivity or confidentiality requirement may result in an additional fee.
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15. Client Responsibilities
The Client is responsible for providing accurate information relating to the commission, including:
- date and times;
- locations;
- access arrangements;
- event schedules;
- required deliverables;
- key people or subjects;
- health and safety requirements;
- permits and permissions; and
- any specific photography requirements.
The Client is responsible for obtaining any permissions, permits, location approvals, model releases or other consents that are reasonably required for the commission, unless responsibility for obtaining them has been specifically agreed with me.
The Client must notify me in advance of any particular risks, restrictions or requirements that may affect the Photography Services.
I cannot be held responsible for delays, restrictions or inability to photograph arising from information or permissions that the Client has failed to provide.
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16. Delivery of Images
The agreed delivery timescale will normally be stated in the quotation or booking confirmation.
For standard event photography, edited Images will normally be delivered within approximately 3 working days, unless otherwise agreed.
For larger events, commercial campaigns or commissions involving significant post-production, delivery times may be longer and will be agreed with the Client.
Where appropriate, an expedited preview or delivery service may be available for an additional fee.
For example, a next-day preview package may include a selection of up to 30 edited Images, subject to availability and the agreed fee.
Delivery will normally be made electronically through an online gallery or agreed digital delivery platform.
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17. Image Storage and Archiving
Online galleries will normally remain available for approximately 3 months following delivery, unless otherwise stated.
The Client is responsible for downloading and safely storing all delivered Images.
I will make reasonable efforts to retain original files for a limited period following delivery, but I do not guarantee indefinite storage or availability of original files.
I reserve the right to delete original files after the stated retention period.
Clients requiring long-term archival storage should arrange their own backup system.
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18. Limitation of Liability
I will take reasonable care to provide the Photography Services to a professional standard.
However, photography can be affected by circumstances beyond my reasonable control, including:
- equipment failure;
- memory card or data failure;
- illness or injury;
- extreme weather;
- venue restrictions;
- access restrictions;
- traffic or travel disruption;
- cancellation of an event;
- actions of participants or third parties;
- government restrictions;
- fire, flood or other emergencies; and
- other circumstances amounting to force majeure.
I maintain appropriate professional equipment and take reasonable precautions to minimise the risk of equipment or data failure.
Where circumstances outside my reasonable control prevent me from providing the Photography Services, I will make reasonable efforts to provide an alternative solution, including rescheduling or, where appropriate, arranging a suitable replacement photographer.
Where the Photography Services cannot be provided and no reasonable alternative is possible, my liability will generally be limited to the amount actually paid to me for the affected Photography Services, subject to any rights that cannot legally be excluded or limited.
Nothing in these Terms excludes or limits liability where it would be unlawful to do so.
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19. Privacy and Data Protection
I will handle personal information in accordance with applicable UK data protection legislation.
Client information will only be used for legitimate business purposes, including communication, booking administration, invoicing, delivery of Images and the provision of Photography Services.
Personal information will not be sold to third parties.
Where third-party services are used to provide Photography Services, such as online galleries, cloud storage, payment providers or accounting software, relevant Client information may be processed by those providers in accordance with their own privacy policies and applicable data protection requirements.
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20. Confidentiality
Where the Client identifies information or material as confidential, I will take reasonable steps to respect that confidentiality.
If a project requires a formal confidentiality agreement or Non-Disclosure Agreement (NDA), this should be discussed before the commission begins.
Any NDA or confidentiality agreement specifically agreed with the Client will take precedence over the relevant provisions of these Terms.
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21. Third-Party and Agency Commissions
Where I am commissioned through an agency, production company, marketing company or other intermediary, the party booking my services is responsible for ensuring that the agreed Photography Fee, usage requirements and payment terms are clearly communicated and agreed.
Unless specifically agreed otherwise, the Client or commissioning agency may not assume that usage rights granted to them automatically extend to their own clients, sponsors, partners, affiliates or other third parties.
Any third-party usage should be identified when the commission is quoted so that appropriate licensing can be considered.
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22. Exclusivity and Buyouts
I do not offer unrestricted "buyouts" of my photography.
In most cases, commercial clients are granted a defined Licence rather than ownership of the copyright.
Where a Client requires an exclusive Licence or a full assignment of copyright, this must be expressly negotiated and agreed in writing before the relevant Images are used.
Exclusive usage and copyright assignment will normally attract a substantially higher fee than standard non-exclusive licensing.
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23. Expenses and Additional Costs
Unless otherwise stated in the quotation, additional costs may include:
- travel outside the agreed area;
- accommodation;
- parking;
- tolls;
- permits;
- location fees;
- additional photographers;
- assistants;
- specialist equipment;
- expedited editing;
- additional post-production;
- additional shooting hours; and
- additional image licensing.
Any significant additional costs will be discussed with the Client wherever reasonably possible before they are incurred.
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24. Changes to the Commission
If the Client requests additional hours, locations, Images, deliverables, photographers, editing or usage beyond what was originally agreed, I reserve the right to charge an additional fee.
Where possible, any additional costs will be agreed before the additional work is undertaken.
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25. Right to Refuse or Stop a Commission
I reserve the right to refuse or stop a commission where:
- I reasonably believe that my safety or the safety of others is at risk;
- the Client requests unlawful activity;
- the Client requests use of Images in a misleading, defamatory or otherwise inappropriate manner;
- agreed payment terms have not been met;
- the Client materially breaches these Terms; or
- circumstances arise that make the commission impossible or unreasonable to continue.
Where I stop a commission for reasons caused by the Client's actions or breach of these Terms, the agreed cancellation and payment provisions may apply.
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26. Governing Law and Jurisdiction
These Terms of Business and any contract between the Photographer and Client are governed by the laws of England and Wales.
Subject to any mandatory rights available to a consumer or other party under applicable law, the courts of England and Wales will have jurisdiction over any dispute arising from these Terms or the Photography Services.
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27. Acceptance of These Terms
By booking or commissioning Photography Services from Matt Phillips Photography, the Client confirms that they have had the opportunity to read and understand these Terms of Business.
Acceptance of a quotation, proposal, booking confirmation or payment of a booking fee/deposit constitutes acceptance of these Terms unless alternative terms have been expressly agreed in writing.