Terms & Conditions
These Terms & Conditions apply to all services rendered by Tom Hunt-Smith (the Photographer) unless otherwise agreed in writing. Acceptance of a quote, booking, or invoice constitutes full acknowledgement and acceptance by the engaging party (the Client) of these terms.
Bookings
A booking is considered confirmed when a quotation has been accepted in writing by the Client. A change of dates for a confirmed booking is subject to availability and may result in additional costs limited to 100% of the agreed quote.
If a confirmed booking is cancelled within three (3) business days of the shoot date, fifty per cent (50%) of the agreed quote is payable.
If a confirmed booking is cancelled within one (1) business day of the shoot date, one hundred per cent (100%) of the agreed quote is payable.
Bookings that include travel expenses, equipment hire, or crew require a deposit equal to fifty per cent (50%) of the quoted total, payable no later than seventy-two (72) hours before the scheduled shoot date. Failure to pay the deposit may result in the release of the booking without notice.
Standard Working Day
All rates are based on a standard working day of ten (10) consecutive hours. Hourly rates are not available. Any extension beyond the standard working day must be agreed in advance and may incur additional fees.
Expenses
Travel expenses, accommodation, and per diems for locations outside Greater London are charged at cost unless otherwise stated in writing. Receipts will be provided within the final invoice.
The Client agrees to provide suitable food and refreshments on set for the Photographer. If none are to be provided, then this must be agreed in advance, and a per diem will be charged. Where overnight stays or foreign travel cause the Photographer to be away from home, reasonable per diems must be provided to cover all meals for each day if required.
Image Delivery
Standard delivery timelines are agreed on a per-project basis. Expedited delivery (within five (5) business days) is available for an additional fee. Delivery timelines begin once all required assets, selections, and approvals are received.
Usage & Licensing
Unless otherwise agreed in writing, all Photographic Services include a non-exclusive six-month (6) licence for paid digital media, owned channels, and direct mail. Usage does not include OOH, DOOH, or paid print. Additional usage, extended duration, or expanded media requires a separate licence and agreement.
Any images, footage, or visual materials produced by the Photographer may not be used, uploaded, ingested, scraped, analysed, or otherwise exploited for the purpose of training, fine-tuning, or developing artificial intelligence systems, machine learning models, neural networks, or similar technologies. The creation of derivative works, synthetic content, or look-alike imagery based on the Photographer’s work, including by automated or generative systems, is expressly prohibited. Any such use constitutes unauthorised use and a material breach of these Terms & Conditions and the Photographer’s copyright.
Crew Engagements
Where photographic crews are supplied, engagements comply with the relevant local Terms & Conditions for Photographic Technicians. Where no comparable Terms & Conditions are available, the Photographer’s team will be engaged under the Terms & Conditions of BECTU and standard UK industry practices. These T&C’s can be found below:
www.phototechs.co.uk/bectu-terms-and-conditions-effective-2024
Invoicing & Payments
Invoices are payable within fourteen (14) days of the invoice date unless otherwise agreed in writing. Invoices must be paid in full with no deductions. Any bank fees, foreign exchange charges, or international transfer costs are the responsibility of the paying party and must not be deducted from the invoiced amount.
Payments received after the due date may incur statutory interest and fixed compensation in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
Insurance
The Client agrees to have appropriate insurance in place for the shoot and to cover the Photographer for any injury or medical issue caused either directly or indirectly by the Photographer being engaged on the shoot. In addition, the Client should always have Public and Employers liability insurance cover in place. The Client should also have in place insurance to cover damage or theft of any equipment used whilst the Photographer is engaged with them. The Photographer will not be held liable for the cost of damage or theft of any equipment used by them in the course of their work, and is not responsible for covering any policy excess fees.
Equipment Hire
Equipment Hire from the Photographer — The Client agrees to pay transport and any associated costs for delivery and collection of Equipment Hired from The Photographer (including, should they be using their own vehicle, mileage at a minimum rate of 50p per mile). The Photographer will have an appropriate level of insurance cover in place to cover equipment hired from them. The Client agrees to pay an additional 15% premium of the total hire cost to cover this, unless the Client can provide evidence of adequate cover in place.
Third Party Equipment Hire — The Client may ask the Photographer to hire in equipment such as lighting or a vehicle from a third party, referred to as a “Cross-Hire”. The Client agrees to indemnify The Photographer in respect of all unforeseen costs relating to the Cross-Hire, including but not limited to damage to equipment and theft of equipment from premises or vehicles.
Limitation of Liability
The Photographer shall not be liable for:
losses that were not caused by breaches of these terms;
any loss or damage that was not, at the time of the relevant contract was formed, a reasonably foreseeable consequence of the Photographer breaching the contractual terms;
consequential losses, including but not limited to loss of profits, loss of contracts, loss of revenue, damage to goodwill and loss of opportunity;
loss of data stored on any device, or inability to access data, unless the result of negligence by the Photographer;
loss or damage to any equipment or vehicle, unless the result of negligence by the Photographer.
Nothing in these terms is intended to exclude or limit the Photographer’s liability for (i) death or personal injury; (ii) fraud; (iii) fraudulent misrepresentation; (iv) any implied terms as to title which cannot be excluded or limited by law; or (v) any liability that cannot be excluded or limited by law.
Governing Law
These Terms & Conditions are governed by the laws of England and Wales. Any dispute arising under them is subject to the exclusive jurisdiction of the courts of England and Wales.
Registered Office
The registered office address is The End Barn, Milland Lane, Liphook, West Sussex, GU30 7JN, United Kingdom.