TERMS AND CONDITIONS

01. DEFINITIONS
By booking a photography service with Ethan Rastall Photography (“the Photographer”), the client (“the Client”) agrees to the following terms and conditions. These terms apply to all photography services provided.
“Images” refer to all photos, videos, or other content produced by the Photographer under this agreement.



02. SERVICES
The Photographer provides professional commercial photography services, including but not limited to corporate headshots and branding images. The scope of work will be agreed upon before the shoot and confirmed via email or contract.



03. IMAGE USE & COPYRIGHT
3.1. Unless otherwise agreed in writing, by instructing and paying for the photography services, the Client is granted a non-exclusive, non-transferable license to use the images for their own commercial purposes. This includes use in both digital (e.g., online) and print formats to promote the Client’s business, products, or services, either directly or via third parties with the Client’s permission.


3.2. The Client may not sell, license, sublicense, or distribute the images in any way, including via stock image libraries or third-party platforms, without prior written consent from the Photographer.


3.3. The Photographer retains full copyright of all images produced, in accordance with the Copyright, Designs and Patents Act 1988, and reserves the right to use the images for promotional purposes, including but not limited to display on the Photographer’s website and social media platforms.


3.4. Any manipulation, alteration, or partial use of an image requires written permission from the Photographer.



04. LIABILITY AND INDEMNITY
4.1. The Photographer shall exercise reasonable skill and care in providing the services but is not liable for any loss, damage, or injury unless caused by proven negligence.


4.2. The Photographer is not responsible for any indirect, consequential, or economic losses, including but not limited to loss of profits, business, or reputation.


4.3. The Client is responsible for obtaining any necessary permissions, permits, or consents required for the shoot. The Photographer is not liable for any legal claims resulting from failure to secure such permissions.


4.4. The Client agrees to indemnify and hold the Photographer harmless against any claims, damages, legal fees, or expenses arising from the use of the images, except in cases of the Photographer’s proven negligence.


4.5. Limitation of Liability: The Photographer’s total liability shall not exceed the total fees paid by the Client for the services. However, nothing in this agreement limits liability for death, personal injury caused by negligence, fraud, or statutory rights under UK consumer law.


4.6. Force Majeure: The Photographer is not liable for failure or delay in performing services due to unforeseen circumstances beyond their control, including but not limited to natural disasters, illness, equipment failure, or government restrictions. In such cases, the Photographer will attempt to reschedule or, if not possible, provide a refund of any prepayments made.



05. DELIVERY OF IMAGES
5.1. The Photographer will provide the Client with a selection of high-resolution digital images via an online gallery or email within 30 days of the shoot date, unless otherwise agreed.


5.2. The final number of images delivered will be determined by the scope of the project and session time.


5.3. If additional editing or revisions are requested after image delivery, an additional editing fee may apply, which will be agreed upon in advance.



06. STORAGE OF MATERIAL
6.1. The Client shall ensure that appropriate steps are taken to store and back up all images supplied.


6.2. The Photographer is not responsible for archiving any images unless agreed in writing beforehand.



07. IMAGE APPROVAL & REJECTION
7.1. Image selection and editing are at the discretion of the Photographer, and all work will be completed to a professional standard.


7.2. The Client acknowledges that photography is a creative process and that no refunds or re-shoots will be provided based on dissatisfaction with artistic style or composition.



08. CANCELLATION & POSTPONEMENT
8.1. A booking is considered confirmed from the date of written confirmation.


8.2. The Photographer reserves the right to charge a fee for cancellation or postponement.



09. DATA PROTECTION
9.1. The Photographer will handle personal data in accordance with the UK GDPR and Data Protection Act 2018.


9.2. The Client’s personal details will not be shared with third parties without consent, except when legally required.


9.3. The Photographer will retain Client data for no longer than necessary and will delete or provide a copy of data upon request.



10. UPDATES TO TERMS AND CONDITIONS
10.1. The Photographer reserves the right to update or modify these Terms and Conditions at any time. Any changes will take effect from the date they are published on the website.

10.2. It is the Client’s responsibility to review the Terms and Conditions regularly to stay informed of any updates.

11. APPLICABLE LAW
11.1. This agreement shall be governed by and construed in accordance with the laws of England & Wales.
11.2. Any disputes shall be resolved in the courts of England & Wales.


12. CONTACT INFORMATION
For any queries regarding these terms, please contact Ethan Rastall Photography at ethan@ethanrastall.com.


By booking the services of the Photographer, the Client confirms that they have read and agreed to these terms.