Terms and Conditions
Commercial Photography Licence & Terms
Raspberry Jam Ltd
These Terms and Conditions apply between Raspberry Jam Ltd (“Photographer”) and the person, company or organisation commissioning the services (“Client”).
1. Definitions
1.1 “Photographic Works” means all photographic material created by the Photographer in any form, including digital files, negatives, transparencies, prints and any other media.
1.2 “Licence” means the permission granted by the Photographer to the Client to use the Photographic Works as set out in these Terms and in any proposal, estimate, booking form or invoice.
1.3 “Contract” means the agreement formed when the Client accepts the Photographer’s written estimate/booking and/or pays any booking fee or deposit.
2. Licence granted to the Client
2.1 By default, the Photographer retains copyright and all intellectual property rights in the Photographic Works; the Photographer does not assign copyright unless expressly agreed in writing.
2.2 Subject always to clause 2.4, the Photographer grants the Client a non‑exclusive, non‑transferable Licence to reproduce and publish the Photographic Works solely for the purposes, media, territories and duration agreed in writing (for example in the estimate, booking form or invoice).
2.3 Where the Photographic Works are produced for a specific brand or advertiser named in the Contract, the Licence permits use only for that brand’s own marketing and communications and not for any other party.
2.4 No Licence or usage rights are granted, and the Client is not entitled to use the Photographic Works in any way, until the Photographer has received payment in full of all fees and agreed expenses relating to the relevant Contract. Until then, any delivery of files is for approval only and does not constitute permission to publish or use.
2.5 The Client may not assign the Licence to any third party without the Photographer’s prior written consent (not to be unreasonably withheld), but may sub‑licence on the same terms to the named brand/advertiser where this is expressly agreed in writing.
2.6 Any use outside the agreed scope (for example new campaigns, additional media, territories or extended durations) requires a separate written licence and may incur additional fees.
3. Photographer’s retained rights and self‑promotion
3.1 The Photographer retains the right to use the Photographic Works at any time, worldwide, for:
portfolio and self‑promotion (website, social media, printed materials, showreels);
entry into awards, competitions, exhibitions and related publicity;
display in galleries or similar venues.
3.2 Any legitimate confidentiality, embargo or sensitivity requirements must be agreed in writing before the shoot; where agreed, the Photographer will respect those restrictions.
4. Conditions of Licence and data handling
4.1 The Licence will only become effective when full payment of all fees and agreed expenses under the relevant invoice has been received and cleared by the Photographer.
4.2 The Client must store all supplied files securely and take reasonable steps to prevent unauthorised access, copying or misuse of the Photographic Works. Where images contain personal data, the Client must handle them in accordance with applicable UK data protection law.
4.3 The Client must not make high‑resolution or master files publicly available in a way that allows uncontrolled downloading or use beyond the scope of the Licence.
5. Copyright and optional assignment
5.1 Copyright and all intellectual property rights in the Photographic Works remain the sole property of the Photographer, unless there is a specific, signed copyright assignment.
5.2 Where the parties agree in writing that copyright in specified Photographic Works will be assigned to the Client, such assignment takes effect only after full payment of the agreed fee.
5.3 In the case of any copyright assignment, it is the Client’s responsibility to obtain all necessary model releases, property releases and third‑party IP permissions for the intended use, and the Client agrees to indemnify the Photographer against any claims arising from such use.
6. Moral rights and credit
6.1 The Photographer asserts the right to be identified as the author of the Photographic Works under the Copyright, Designs and Patents Act 1988, unless the Photographer expressly agrees in writing to waive this right.
6.2 Where reasonably practicable, the Client shall include a credit in a form reasonably approved by the Photographer (for example “© Raspberry Jam Ltd”).
6.3 Persistent or deliberate failure to provide agreed credit may be treated as a material breach of the Licence and may incur a reasonable non‑attribution fee.
7. Digital files, alterations and backups
7.1 The Client may perform standard cropping, resizing and minor colour/contrast adjustments for layout and consistency, but must not undertake significant retouching, manipulation or re‑editing that alters the style or integrity of the Photographic Works without the Photographer’s written consent.
7.2 The Client must not remove or alter any embedded metadata, copyright notices or rights management information.
7.3 The Photographer will follow their usual backup procedures on completion of the job, but does not guarantee indefinite archiving and accepts no liability if files are lost or corrupted after delivery. The Client is responsible for keeping safe backups of all supplied files.
8. Fees, deposit, payment terms and expenses
8.1 Unless otherwise agreed in writing, the Photographer will require a 50% non‑refundable deposit of the agreed fee to secure the booking. The booking is not confirmed until the deposit has been received.
8.2 The remaining 50% balance, together with any agreed expenses, will be invoiced on or after the shoot date and is payable within 30 days of receipt of invoice.
8.3 For clarity, no Licence or usage rights are granted until the Photographer has received payment in full of all fees and agreed expenses for the relevant job, regardless of any earlier delivery of images or files.
8.4 The Photographer may charge interest on overdue amounts at 2.5% per month or part month and recover reasonable costs of debt collection.
8.5 The Client shall reimburse the Photographer for all pre‑approved expenses and job‑related costs incurred on the Client’s behalf (including travel, accommodation, subsistence, equipment hire, permits, studio hire, props and specialist services). The Photographer may apply a reasonable handling or production fee on such costs if agreed in advance.
8.6 Unless otherwise agreed, any materials, props, designs or supporting creative work remain the property of the Photographer or the relevant third party.
9. Urgent work and scope changes
9.1 Where the Client requires urgent delivery or same‑day/next‑day turnaround that prevents reshoots or extensive corrections, the Photographer will use reasonable care and skill but will not be liable for losses arising from limited time to correct issues.
9.2 Estimates for fees and expenses are not fixed quotations where the brief or scope is subject to change. The Photographer will notify the Client as soon as reasonably practicable of any material changes to the estimate arising from changes in the brief, schedule, locations or requirements.
10. Cancellation, postponement and suspension
10.1 Confirmed bookings may be cancelled by the Client only in writing. The following cancellation fees apply (plus all non‑recoverable expenses and third‑party costs):
cancellation within 1 working day of the shoot: 100% of the Photographer’s fee;
cancellation more than 1 working day but within 3 days: 50% of the Photographer’s fee;
cancellation more than 3 days but within 7 days: 25% of the Photographer’s fee.
10.2 If the Client postpones or changes the shoot date:
within 1 working day of the shoot, a 50% fee may be charged (provided the shoot is re‑booked) plus all expenses incurred;
with more than 1 working day’s notice, a 25% fee may be charged, subject to the Photographer’s discretion and the ability to re‑allocate the date.
10.3 Where the Client instructs that work is suspended for 30 days or more, the Client shall pay the Photographer for all work carried out and expenses incurred up to the date of suspension.
10.4 For weather‑dependent shoots, weather cancellation/postponement terms and any related fees or insurance requirements will be agreed in writing in advance.
11. Client responsibilities, third‑party permissions and indemnity
11.1 The Client is responsible for obtaining, at their cost:
access and permissions for all locations;
model releases, property releases and consents for any identifiable individuals or private property where required;
any third‑party intellectual property permissions (e.g. artwork, logos, branding, etc.).
11.2 Where the Client requests the Photographer to arrange models, stylists, assistants or other contractors, the Photographer does so as the Client’s agent. The Client remains responsible for all related fees, and shall indemnify the Photographer against any claims arising from those third parties.
11.3 The Client shall indemnify and hold harmless the Photographer from and against any claims, losses, damages, costs and expenses (including reasonable legal fees) arising out of:
any illegal, defamatory or infringing material requested by the Client;
the Client’s failure to obtain necessary permissions, releases or consents;
any use of the Photographic Works beyond the scope of the Licence or before full payment has been made.
12. Quality, approvals and artistic discretion
12.1 The Photographer will provide the services with reasonable care and skill, and the Photographic Works will be consistent with the Photographer’s portfolio and the agreed brief.
12.2 Where a Client representative is present at the shoot, that representative’s approvals and directions are deemed to be the Client’s approvals. Acceptance of the work at the shoot is confirmation that the Photographer has met the brief at that stage.
12.3 If the Photographic Works are technically defective to the point of being unusable for the agreed purpose, the Photographer will (at their discretion) either reshoot (where practicable) or refund the applicable portion of the fee. Artistic style or subjective preference is not a basis for rejection if the work is consistent with the Photographer’s portfolio and the agreed brief.
13. Client property and materials
13.1 Any products, materials or property supplied by or on behalf of the Client are held at the Client’s risk and the Photographer is not responsible for loss or damage unless caused by the Photographer’s negligence.
13.2 The Client shall pay any reasonable storage or handling charges where applicable.
13.3 If such items are not collected within 6 months of the shoot, the Photographer may dispose of them at their discretion.
14. Limitation of liability
14.1 The Photographer will not be liable for:
loss of profits, business, contracts or anticipated savings;
any indirect or consequential loss;
delays or failures caused by events beyond the Photographer’s reasonable control, including travel disruption, illness, equipment failure, or issues with locations or third‑party contractors.
14.2 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited by law.
14.3 Subject to clause 14.2, the Photographer’s total liability arising out of or in connection with the Contract shall not exceed the total fees paid by the Client under that Contract.
15. General
15.1 These Terms, together with any written estimate, booking confirmation or Licence, constitute the entire agreement between the parties and supersede any prior discussions or understandings.
15.2 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15.3 The Contract is governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.