The Performer's Lens

Terms and Conditions

1. INSTRUCTIONS MUST BE IN WRITING The Client must ensure that all their instructions and expectations (or variations of such) regarding the Booking or Order are agreed in writing. “In writing” may include email, SMS or direct messages via messaging apps.

2. LICENCE GRANTED TO CLIENT Except as may be expressly provided in the Agreement, the copyright in all Photographic Works resulting from the Booking/Order remains the property of the Photographer. The Photographer does not accept commissions to create Photographic Works. These terms override section 21 (3) of the Copyright Act 1994. The Photographer grants the Client a non–exclusive Licence to use those parts of the Photographic Works selected by the Photographer and presented to the Client. The Licence includes the right (if any) to reproduce and publish the Photographic Works for the purposes, territories and time periods specified in the Booking/Order, subject to these terms and conditions. The Client shall have the right to seek further Licences for use or reuse of any Photographic Works, which shall not be unreasonably refused by the  Photographer but is subject to agreement of a reasonable fee for that Licence. The Client acknowledges that the Photographer always retains the right to use the Photographic Works in any manner at any time and in any part of the world for the purposes of:

  • Entering the Photographic Works into photographic competitions or awards and for their use in any material published in connection with promoting those competitions or awards; and
  • Advertising or otherwise promoting the Photographer’s Work, including through the use of social media; and
  • Submitting the Photographic Works for display in art galleries or other premises; and
  • Using the Photographic Works for any other purpose within the Photographer’s business activities.

3. CONDITIONS OF LICENCE The Licence to use, and the right to use the Photographic Works commences from the date of full payment of all amounts owed to the Photographer in relation to the Photographic Works and the Agreement, except where the Photographer gives express written permission. 

  • This License must not be assigned to third parties without the Photographer’s prior written permission.
  • Client can not alter, manipulate, or partially use images without Photographer’s prior written permission (except for very minor edits such as changes to saturation, contrast etc).
  • Copyright in any new Photographic Works created from any manipulation, alteration, distortion or overprinting of text of the licensed Photographic Works shall remain with the Photographer and shall be licensed to the Client on the same terms and conditions of the Agreement
  • Any breach of the Agreement by the Client (or by the Advertiser, with the Client’s knowledge) which results in damage to the professional reputation of the Photographer, entitles the Photographer to compensation from the Client for that damage in addition to any other remedies available to the Photographer.

4. COPYRIGHT IN THE WORKS Where the Agreement specifies that copyright in the Photographic Works is assigned to the Client in consideration for the Client’s payment for those Works:

  • The Photographer will assign to the Client copyright in the Photographic Works once full payment has been received.
  • Client is responsible for obtaining all model releases, moral right waivers and privacy waivers necessary for the use of the Photographic Works; 
  • The Client agrees to indemnify the Photographer in respect of any loss, claims, damages or expenses (including costs incurred on a solicitor client basis) incurred by the Photographer arising from any use of the Photographic Works

5. MORAL RIGHTS The Photographer asserts his or her moral rights in respect of the Photographic Works including:

  • right to attribution – the photographer must be credited for their work.
  • right to integrity – the photographs cannot be distorted, altered, or used in a way that is offensive or harms the photographer’s reputation.
  • right of disclosure – The right to decide when and how the work is first made public. For example, Client must not share preview photos on Social Media without permission.
  • right to prevent false attribution – The right to object if someone falsely claims to be the creator of the work.

6. STORAGE AND BACKUPS Client is responsible for downloading, storing and backing up finished Photographic Works (usually within 30 days). Photographer is not liable for lost images but may provide backups (if available) for a fee.

7. PRIVACY and PERSONAL INFORMATION The Photographer shall abide by the Privacy Act 1993 and shall take all practical steps to achieve privacy protection.

8. PAYMENT The Client shall pay the Photographer the various amounts payable in accordance with the Booking and/or Order.

9. OVERDUE PAYMENT Any monies owed not paid in full within 7 days of the photoshoto may incur late fees at the discretion of the Photographer. Clients agrees to pay Photographer its reasonable expenses, including solicitor and collection agency fees, incurred in enforcing its rights under these terms and conditions.  Work may be suspended until full payment is made.

10. INDEMNITY The Client undertakes to indemnify the Photographer for any loss, damage, or expense (including costs as between solicitor client basis) suffered or incurred as a result of any breach by the Client of these conditions or in recovering any moneys due and such loss, damage or expense shall be moneys due for the purposes of these terms and conditions.

11. CANCELLATION OR POSTPONEMENT OF BOOKING Where the Client cancels or postpones a Booking appointment, the Client must pay, at the Photographer’s discretion, the amounts that have already been invoiced or are due as outlined on the final Quote and booking, regardless of whether the appointment is attended or not. Where Client cancels less than 24 hours before a Booking Client may incur, at Photographer’s discretion, a cancellation fee of 50% of the agreed Booking / Order.  Where a booked appointment involves more than one person, it is the Client’s responsibility to ensure that everyone required arrives at the appointment on time. Failure of any person to arrive at the appointment on time will result in, at the Photographer’s discretion, cancellation or postponement. The Booking appointment and any fees paid prior to cancellation or postponement of the appointment are transferable to another person, as if it were the original person,as long as the Booking is similar and the date and time of the appointment are not changed.

12. WEATHER Client and Photographer will discuss and agree in advance on any changes to photoshoots due to the impact of weather.  Photographer reserves the right to postpone a photoshoot at their discretion due to the impact of weather.

13. CLIENT CONFIDENTIALITY The Client must advise the Photographer as to whether any material or information communicated to him/her is of a confidential nature. The Photographer will keep confidential material or information communicated to him/her in confidence for the purposes of the photography, except where it is reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the Booking or Order.

14. INDEMNITY FOR BREACHES OF INTELLECTUAL PROPERTY The Client shall fully indemnify the Photographer in respect of any claims, costs, or expenses arising out of any illegal or defamatory Photographic Works produced for the Client or any infringement of an intellectual property right of any person. 

15. IMPORTANT NOTICE – CONSUMER GUARANTEES ACT 1993 The Consumer Guarantees Act 1993 may apply to the licensed Photographic Works provided by the Photographer if the Client acquires those licensed Photographic Works for personal, domestic or household use or consumption. If this Act applies, nothing in these Standard Terms will limit or exclude the Client’s rights under this Act. If the Client is acquiring the licensed Photographic Works for business purposes, then the Client’s rights are subject to these standard terms only and the Consumer Guarantees Act 1993 shall not apply. In this case the Photographer may grant a separate licence under the Standard Terms for Commercial Photography.

16. PHOTOGRAPHER NOT LIABLE FOR LOSSES Except as provided for by the Consumer Guarantees Act 1993 the Photographer shall not be liable for:a)any loss or damage arising by reason of any delay in the completion of the Photographic Works; or b)any loss of profits; or c)any indirect or consequential loss of whatever nature; or d)any loss resulting from any errors or omissions arising from an oversight or a misinterpretation of a Client’s verbal instructions arising directly or indirectly from any breach by the Photographer of any of its obligations under the Booking or Order or from any cancellation of the Booking or Order or from any negligence on the part of Photographer.

17. LIABILITY OF PHOTOGRAPHER LIMITED The Photographer’s liability to the Client for any and all costs, loss or damage suffered by the Client, however caused, arising out of or connected with the performance or failure of performance of photographic services by the Photographer, except where provided to the contrary by the Consumer Guarantees Act, shall not exceed the full value of the payments made by the Client under the Booking and/or Order agreements.

18. HEALTH AND SAFETY The Client acknowledges and agrees that the Client is responsible for, and shall take all reasonably necessary steps to ensure, their own personal safety and that no action or inaction of the Client causes harm or risk to the health and safety of others. Notwithstanding the above, the Client agrees to comply with all reasonable health and safety directions given by the Photographer.

19. DISPUTE RESOLUTION The Photographer and the Client agree to use their best efforts to resolve any dispute which arises through good faith negotiations. Either party may raise a dispute by written notice to the other party. Within 7 working days of receipt of a dispute notice, the parties shall meet (or otherwise communicate if meeting is not practicable) and attempt to resolve the dispute through good faith negotiations on a ‘without prejudice’ basis. Neither party may commence any litigation in relation to the dispute unless 14 days have passed since the parties met (or otherwise communicated) and endeavoured in good faith to resolve the dispute on mutually acceptable terms.

20. ORDER MAY BE TERMINATED ON NOTICE Effective termination of the Order by the Client must be in writing and give reasonable notice to the Photographer. The Client must compensate the Photographer for all amounts due in accordance with the Order Agreement (including the proportion of the Order that has been completed at the date of termination). Upon receipt of such notice from the Client, the Photographer must take immediate steps to bring the photographic services to a close.

21. FORCE MAJEURE Neither the Client nor the Photographer shall be liable for any loss or damage arising directly or indirectly due to an act of God,fire, armed conflict, labour disputes, civil commotion, intervention of a government, accidents, interruption to transportation,weather or any other cause outside the Photographers control.

22. CHANGE OF TERMS AND CONDITIONS Photographer reserves the right to modify these Terms and Conditions at any time.  Changes to the Terms and Conditions will take effect immediately once published on this website.  Any Booking / Order placed through the website will be subject to the published Terms and Conditions at the time the Booking / Order is submitted. 

Terms and conditions last updated: 21 Feb 2025