Terms of business
These Terms of Business apply to photography services provided by Steve Kraitt Photography, trading as SK Brand Photography (“the Photographer”). By confirming a booking and paying the booking fee, the person or organisation making the booking (“the Client”) agrees to these terms.
SERVICES
The Photographer will provide the photography and services described in the agreed quotation, proposal or booking confirmation. Any additional services requested by the Client may incur additional charges. Any significant additional costs, including travel, location hire, styling, hair and makeup or other third-party expenses, will be agreed with the Client before they are incurred.
BOOKING & PAYMENT
A booking fee equal to 50% of the agreed photography fee is required to secure the shoot date and begin planning. The booking fee is non-refundable.
The remaining balance, together with any agreed additional expenses, is payable no later than 7 days before the shoot date.
Overdue payments may incur a £40 administrative fee per calendar month together with statutory interest at 8% above the Bank of England base rate, where applicable.
CANCELLATION, POSTPONEMENT & WEATHER
If the Client cancels a confirmed shoot more than 48 hours before the agreed shoot time, 50% of the quoted photography fee, together with any expenses already incurred, will remain payable.
If the Client cancels within 48 hours of the agreed shoot time, 100% of the quoted photography fee, together with any expenses already incurred, will remain payable.
Where a shoot cannot reasonably proceed because of adverse weather or circumstances outside either party’s reasonable control, the Photographer may agree to postpone or reschedule the shoot. Any non-refundable expenses already incurred will remain payable.
POST-PRODUCTION
Finished images will be delivered according to the agreed schedule. Standard professional retouching is included where specified in the chosen service or quotation. Additional or high-end retouching, compositing or other post-production requested by the Client may incur additional charges and require additional delivery time.
HUMAN-MADE IMAGERY & AI
The Photographer may use artificial intelligence-assisted tools as part of the post-production workflow. Any such tools are used under the Photographer’s creative direction and do not replace the Photographer’s authorship, judgement or creative control.
The Photographer will not knowingly use the Client’s commissioned images to train or prompt generative AI systems for the purpose of creating derivative works without the Client’s consent.
COPYRIGHT
Copyright in all photographs and finished images remains with the Photographer unless expressly agreed otherwise in writing. Any licence granted to the Client is conditional upon full payment of all amounts due.
LICENCE
Once payment has been received in full, the Client is granted a non-exclusive, worldwide, perpetual licence to use the finished images for the promotion of themselves, their business or organisation across websites, social media, PR, presentations, printed materials and other marketing communications.
The Client may crop, resize, add text or make reasonable layout adjustments to the finished images for these purposes. The Client may not sell, sublicense or otherwise transfer the images to a third party for that third party’s independent commercial use without the Photographer’s prior written permission.
RESTRICTIONS
The Client must not use the images in any unlawful, defamatory, discriminatory or deliberately misleading context, or in a manner that could reasonably damage the reputation of the Photographer or the people depicted.
The Client must not use the images to train or prompt an artificial intelligence system for the purpose of creating derivative works without the Photographer’s prior written consent.
CLIENT RESPONSIBILITIES & THIRD PARTIES
The Client is responsible for providing accurate information necessary for the shoot and for obtaining any permissions, releases or approvals relating to locations, property, products, trademarks or other materials supplied or arranged by the Client, unless otherwise agreed.
Where third-party suppliers or services are commissioned specifically for the shoot, their charges and applicable terms may be passed on to the Client.
PHOTOGRAPHER'S USE OF IMAGES
Unless otherwise agreed in writing, the Photographer may use photographs created during the commission for their portfolio, website, social media, awards, exhibitions and promotion of their photography services.
Where confidentiality, embargoes or other restrictions apply, these should be agreed in writing before the shoot.
LIABILITY
The Photographer will take reasonable care in providing the services and safeguarding image files. The Photographer’s liability for loss or damage arising directly from the provision of the services will, to the extent permitted by law, be limited to the total fees paid by the Client for the relevant commission.
Nothing in these terms excludes or limits any liability that cannot lawfully be excluded or limited.
ASSIGNMENT & SEVERABILITY
Neither party may transfer its material obligations under the agreement without the other party’s written consent, except where reasonably necessary for the Photographer to engage assistants, retouchers or other suppliers in delivering the agreed services.
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
WAIVER
A failure or delay by either party in exercising any right under these terms does not constitute a waiver of that right.
GOVERNING LAW
These Terms of Business and any agreement between the Photographer and the Client are governed by the laws of England and Wales, and the courts of England and Wales will have jurisdiction, subject to any mandatory rights available to consumers.