1. Definitions
In these Terms & Conditions:
Photographer means Sam Chipman, trading as York Headshots.
Client means the person or business making the booking.
Booking means any session, shoot, event, or service agreed between the Photographer and the Client.
Deliverables means any photographs, films, edits, galleries, or other agreed final content.
Commercial Booking means any booking made for business, brand, workplace, PR, marketing, editorial, or event purposes.
2. Booking and Agreement
A booking is confirmed once the Client has accepted the quote or proposal and, where applicable, paid the required booking fee or deposit.
The Photographer reserves the right not to hold a date until the booking has been formally confirmed.
By confirming a booking, the Client agrees to these Terms & Conditions.
3. Fees and Payment
All fees will be set out in the quote, proposal, invoice, or booking confirmation.
For studio sessions, the remaining balance is due before the session unless otherwise agreed in writing.
For commercial and on-location bookings, payment terms are as stated on the invoice. Unless otherwise agreed, invoices are due within 14 days of the invoice date.
No final Deliverables will be released until full payment has been received.
Any additional agreed costs, including extra editing, extra coverage time, travel, parking, accommodation, location fees, or other expenses, will be invoiced separately where applicable.
4. Booking Fees and Deposits
Any booking fee or deposit paid is non-refundable except where the Photographer cancels the booking or where applicable consumer law requires otherwise. Under UK consumer law, deposits and cancellation charges must be a fair reflection of actual losses rather than a penalty.
Where a booking is postponed and the Photographer is available for the new date, any booking fee already paid may be transferred to the rearranged booking at the Photographer’s discretion.
5. Cancellations and Rescheduling by the Client
If the Client wishes to cancel or reschedule, notice must be given in writing as soon as possible.
Where the Client cancels a booking, the Photographer reserves the right to retain any booking fee already paid and to charge for work already completed, costs already incurred, or losses arising directly from the cancellation, subject to applicable law. UK consumer guidance makes clear that cancellation charges should reflect actual losses and that businesses should take reasonable steps to reduce those losses.
If the Client asks to reschedule, the Photographer will make reasonable efforts to accommodate the new date, but this cannot be guaranteed.
6. Services and Standard of Care
The Photographer will provide the agreed services with reasonable care and skill, as required by the Consumer Rights Act 2015 for consumer service contracts.
The Photographer will use professional judgement regarding equipment, lighting, composition, editing style, coverage, and final selection of images or footage, except where the booking expressly provides for Client selection.
The Photographer cannot guarantee any particular pose, expression, weather condition, background, attendance level, or third-party cooperation.
7. Session Duration and Coverage
The booking covers the session duration stated in the accepted quote, package, or invoice.
If the Client requests additional coverage time and the Photographer agrees, this will be charged at the Photographer’s current rates.
For team, commercial, and on-location bookings, setup and packdown are included within the agreed booking unless stated otherwise.
8. Travel, Accommodation and Additional Charges
For on-location bookings, any included travel allowance and any additional travel fees will be set out in the quote, invoice, or booking confirmation.
Where applicable, additional travel beyond the included allowance will be charged at the Photographer’s stated rate.
Where an overnight stay is required, the applicable overnight fee or agreed accommodation charge will be added to the invoice.
Peak-date or weekend premiums may apply to certain commercial bookings where stated in the quote or invoice.
9. Deliverables and Turnaround Times
Estimated turnaround times will be as stated in the package description, proposal, or booking confirmation.
Any turnaround time given is an estimate unless expressly stated otherwise.
Delivery times may be extended where the Client delays image selection, feedback, approvals, or the provision of required information.
Where the booking includes Client image selection, editing will begin only once the Client has made their selection.
10. Image Selection and Editing
For headshot sessions where a set number of final images is included, the Client will select their chosen images from the online gallery unless otherwise agreed.
For storytelling, commercial, and event coverage, the Photographer will usually curate and deliver the final edited gallery unless otherwise agreed.
All editing is completed in the Photographer’s usual style. Unedited RAW files are not supplied.
Additional retouching, extra edits, or re-edits beyond the agreed package may be charged separately.
11. Online Galleries and File Retention
Where an online gallery is included, it will remain available for the period stated in the package or booking details.
The Client is responsible for downloading and safely storing all final Deliverables once provided.
While the Photographer takes reasonable care with file storage and backups, permanent archiving is not guaranteed unless expressly agreed in writing.
12. Creative Control
The Photographer retains creative control over the shoot and edit, including image selection, cropping, retouching approach, grading, black and white conversions, sequencing, and final delivery format.
The Photographer will take reasonable account of any brief or preferences supplied by the Client, but artistic interpretation remains at the Photographer’s discretion.
13. Client Responsibilities
The Client is responsible for:
- providing accurate booking information
- arriving on time for studio sessions
- obtaining any necessary permissions for locations
- ensuring relevant decision-makers are available where needed
- ensuring participants are informed about the booking
- ensuring a safe and suitable working environment
Any significant delay caused by the Client may reduce the amount of coverage possible within the booked time.
14. Commercial Use and Licensing
Unless otherwise agreed in writing, the Photographer grants the Client a non-exclusive licence to use the final Deliverables for the purpose set out in the booking.
For commercial bookings, this will usually include the Client’s own business use across website, social media, PR, internal communications, and marketing materials.
The Client may not sell, re-license, transfer, or permit third-party commercial use of the Deliverables without prior written permission unless this has been expressly agreed.
Copyright in all images, films, and other Deliverables remains with the Photographer unless expressly assigned in writing.
15. Photographer Portfolio Use
The Photographer may use images or films from the booking for portfolio, website, social media, editorial, competition, studio display, and self-promotional purposes unless otherwise agreed in writing.
Where a booking is subject to confidentiality, internal sensitivity, embargo, or private commercial restrictions, this must be agreed in writing before the shoot.
16. Client-Supplied Briefs, Branding and Music
Where the Client supplies a brief, shot list, brand guidance, or reference material, the Photographer will make reasonable efforts to follow it, but cannot guarantee exact replication.
For video Deliverables, any music choice will be made from properly licensed sources unless otherwise agreed.
The Client is responsible for ensuring it has rights to any logos, graphics, or materials it asks the Photographer to include.
17. Failure Outside Reasonable Control
The Photographer shall not be liable for failure to perform the booking due to events outside reasonable control, including illness, injury, severe weather, transport disruption, venue restrictions, equipment failure not reasonably remediable, government restrictions, or other force majeure events.
In such circumstances, the Photographer will make reasonable efforts to reschedule, provide a substitute where appropriate, or refund sums paid for services not provided.
18. Limitation of Liability
Nothing in these Terms limits or excludes liability where it would be unlawful to do so.
Subject to that, the Photographer’s liability for any claim arising out of the booking shall be limited to the amount paid by the Client for the relevant booking.
The Photographer shall not be liable for indirect or consequential loss, loss of profit, loss of opportunity, or business interruption unless required by law.
19. Complaints
Any concerns or complaints should be raised in writing as soon as reasonably possible so that the Photographer has a fair opportunity to investigate and respond.
20. Governing Law
These Terms & Conditions are governed by the laws of England and Wales, and any dispute shall be subject to the jurisdiction of the courts of England and Wales.
