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Commercial Photography Terms & Conditions – Russell Lewis Photography

Last updated: 9th December 2025

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These Terms & Conditions apply to all commercial photography services provided by Russell Lewis Photography (“the Photographer”) to any business, organisation or individual acting in a commercial capacity (“the Client”).

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1. DEFINITIONS

  • “Photographer” means Russell Lewis trading as Russell Lewis Photography

  • “Client” means the person or organisation commissioning the photography

  • “Images” means all photographs taken during the assignment

  • “Shoot” means the photography session or event covered

  • “Usage Licence” means the agreed rights granted for use of the Images

 

2. BOOKING & PAYMENT

2.1 A booking is confirmed only once written acceptance of these Terms & Conditions is received and any required deposit is paid.

2.2 Unless otherwise agreed in writing:

  • A 50% non-refundable booking fee is payable on confirmation

  • The remaining balance is payable prior to image delivery

2.3 Late payments may incur interest at 8% per annum above the Bank of England base rate in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

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3. CANCELLATION BY THE CLIENT

If the Client cancels the booking, the following cancellation charges apply:

  • 15+ days before the shoot – Booking fee only

  • 8–14 days – 50% of total fee

  • 0–7 days – 100% of total fee

These charges represent a genuine pre-estimate of loss.

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4. POSTPONEMENT

Where a shoot is postponed, all fees paid may be transferred to a new date at the Photographer’s reasonable discretion, subject to availability. Additional costs may apply.

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5. CREATIVE DIRECTION & DELIVERY

5.1 The Photographer retains full creative control and artistic licence over how the Images are captured and edited.

5.2 The Photographer will deliver a professionally curated selection of final edited Images. The final number of images delivered is at the Photographer’s discretion.

5.3 Estimated delivery times will be confirmed at the time of booking and may be affected by unforeseen circumstances beyond reasonable control.

5.4 Unedited RAW files are not supplied.

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6. REVISIONS & ADDITIONAL WORK

6.1 One round of reasonable amendments is included unless otherwise agreed.

6.2 Additional retouching, manipulation or design work is chargeable at the Photographer’s current hourly rate.

6.3 All additional work must be paid in full before final delivery.

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7. COPYRIGHT & OWNERSHIP

7.1 All copyright in the Images remains the sole property of the Photographer under the Copyright, Designs and Patents Act 1988.

7.2 The Client is granted a non-exclusive, non-transferable licence to use the Images strictly in line with the agreed Usage Licence.

7.3 No rights are transferred unless confirmed in writing.

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8. USAGE LICENCE

8.1 Usage will be based on:

  • Platform (web, print, social media, advertising, etc.)

  • Territory (UK / worldwide)

  • Duration (time-limited or perpetual)

8.2 Usage not explicitly licensed is not permitted.

8.3 Any additional or extended usage must be agreed in writing and may incur further licence fees.

8.4 The Client must not sell, sublicense, gift or transfer the Images to any third party without written consent.

 

9. CREDIT

Where reasonably practical, the Client agrees to credit the Photographer as:
Russell Lewis Photography
For online use, a clickable website link is requested where possible.

 

10. ALTERATION OF IMAGES

The Client must not substantially alter, crop, filter or manipulate the Images without written consent where such alteration materially affects the Photographer’s original intended presentation.

 

11. STORAGE & ARCHIVING

11.1 Final Images will be stored for 12 months from delivery.

11.2 After this period, deletion may occur without notice. Archive retrieval beyond this time may incur a fee.

 

12. CLIENT RESPONSIBILITIES

The Client is responsible for:

  • Securing all necessary permissions, location access and permits

  • Ensuring that all subjects have consented to be photographed

  • Confirming any photography restrictions at venues

  • Providing accurate schedules and access to required spaces

 

13. MODEL & PROPERTY RELEASES

Unless otherwise agreed, the Client is responsible for obtaining all required model and property releases required for commercial use of the Images.

 

14. VENUE RESTRICTIONS & INTERFERENCE

The Photographer is not liable for:

  • Missed images due to access restrictions

  • Interference by staff or members of the public

  • Safety restrictions imposed by the venue

 

15. EQUIPMENT FAILURE & DATA LOSS

In the unlikely event of equipment failure, data loss or technical malfunction beyond reasonable control, liability is limited to a full refund of fees paid. The Photographer shall not be liable for consequential or indirect loss.

 

16. FORCE MAJEURE

Neither party shall be liable for failure to perform due to causes beyond reasonable control including, but not limited to:

  • Severe weather

  • Government restrictions

  • Illness

  • Transport failure

  • National emergencies

Where possible, bookings will be rescheduled. Otherwise, all fees paid will be refunded.

 

17. INDEMNITY

The Client agrees to indemnify the Photographer against any claims, damages, losses or expenses arising from:

  • Misuse of the Images

  • Breach of third-party rights

  • Failure to obtain necessary permissions or releases

 

18. LIMITATION OF LIABILITY

The Photographer’s total liability shall not exceed the total fee paid under the relevant booking. No liability is accepted for loss of profit, business interruption or reputational damage.

 

19. DATA PROTECTION

Personal data will be processed in accordance with UK GDPR and used solely for the purposes of fulfilling the contract and legitimate business administration. Data will be retained only as long as legally required.

 

20. GOVERNING LAW & JURISDICTION

These Terms & Conditions shall be governed by and interpreted in accordance with the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.

 

21. ENTIRE AGREEMENT

These Terms & Conditions constitute the entire agreement between the parties and supersede all prior agreements or understandings.

 

22. EXCLUSIVE BUYOUT & COPYRIGHT TRANSFER (OPTIONAL SERVICE)

22.1 Unless otherwise stated in writing, all copyright in the Images remains the sole property of the Photographer, and all usage is granted by licence only.

22.2 An exclusive copyright buyout (full transfer of ownership of copyright) is available only by separate written agreement and will be subject to an additional fee, calculated based on:

  • Intended usage

  • Distribution scope

  • Duration

  • Territory

  • Commercial value of the Images

22.3 Where a full buyout is agreed and paid in full, copyright shall transfer to the Client only upon receipt of the full agreed buyout fee.

22.4 Until full payment of any agreed buyout fee has been received, no transfer of copyright shall take place, and all Images remain the property of the Photographer.

22.5 The Photographer retains the right to use the Images for:

  • Portfolio

  • Website

  • Self-promotion

  • Competitions

  • Professional awards

unless otherwise agreed in writing.

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