Terms and Conditions
1. Introduction
1.1. The Photographer: Refers to Steve Lawton Photography Ltd (Company number: 09754407 Registered in England & Wales), trading as Steve Lawton or Steve Lawton Photography.
1.2. The Client: Refers to the individual or organisation to whom the invoice is addressed.
1.3. Reproduction: Includes any form of publication or copying of the whole or part of any picture, whether or not altered by printing, photography, slide projection (to an audience or otherwise), xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction, or storage by any other means.
1.4. Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the Laws of England. These Terms and Conditions cannot be varied by the Client unless such variations are expressly agreed upon by the Photographer in writing.
2. Copyright
2.1. Ownership: The content, including but not limited to photographs, logos, text, data, and graphics of this website, is copyright © Steve Lawton Photography 2024. All rights reserved.
2.2. Assertion of Rights: The right of the Photographer as the creator of this website is asserted in accordance with the Copyright, Designs and Patents Act 1988. Any use, including but not limited to the copying, communication, storage, publication, exhibition, reproduction, alteration, distribution, or selling of any part of this website without prior written consent, is forbidden by UK and international copyright law. Any breach will be prosecuted to the full extent of the law.
3. Usage Rights
3.1. Actor, Performer, and Model Headshots:
3.1.1. Definition: This category includes headshots where the Client is an individual, and the images are specifically intended for use in the entertainment and modeling industries (e.g., actors, performers, models).
3.1.2. Permitted Use: Self-promotional use by agent(s) and the Client in their capacity as an actor, model, or performer. This includes web, print, Spotlight, CCP, other casting directories, agent mail outs, theatre programmes, and front of house by employers. This also extends to personal social media profiles (e.g., Facebook, Twitter, LinkedIn). The Photographer must be credited as the originator of the work(s) and all derivative work(s).
3.1.3. Prohibited Use: Reproduction in print or electronic media for commercial purposes, including but not limited to activities intended to generate revenue or promote a business, such as biographies, commercial listings, paid-for advertising, or press distribution, is strictly prohibited unless prior written consent is provided and an agreed license fee is paid to the Photographer.
3.2. Personal and Individual Professional Headshots:
3.2.1. Definition: This category includes headshots where the Client is an individual, and the images are intended for personal use (e.g., dating websites) or for individual professional self-promotion (e.g., LinkedIn profiles, curriculum vitae).
3.2.2. Permitted Use: Self-promotional use by the Client for personal or professional purposes. This includes use on personal social media profiles, dating websites, and in curriculum vitae.
3.2.3. Prohibited Use: Use by employers and third parties in print or electronic media is excluded. Reproduction in print or electronic media for commercial purposes, including but not limited to activities intended to generate revenue or promote a business, such as biographies, commercial listings, paid-for advertising, or press distribution, is strictly prohibited unless prior written consent is provided and an agreed license fee is paid to the Photographer.
3.3. Corporate and Business Headshots:
3.3.1. Definition: This category includes headshots where the Client is an organisation, and the images are intended for corporate, business, or other organizational purposes, including commercial professional use.
3.3.2. Reproduction Rights: Reproduction rights are to be agreed upon at the time of booking. This agreement shall be made between the Photographer and the Client according to the Client's requirements and contingent fees. Upon agreement in writing, the following terms of use may be granted to the Client:
3.3.2.1. Company Internal Use: The right to use the pictures within a company for non-commercial purposes, such as in-house magazines not available to the public, exhibition within the Client’s premises, and editorial use on the Client’s intranet site. Excludes use in annual reports or any other public document.
3.3.2.2. Company Public Use: The right to use the pictures on company public websites, public promotional literature, company social media outlets, and in annual reports.
3.3.2.3. PR and Press Distribution: The license for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication.
3.3.2.4. Specified Use Only: The right to use the pictures once only for the purpose described on the invoice.
3.3.2.5. Editorial Use: One-time reproduction of pictures within one print edition of the specified title in an editorial context, unless otherwise agreed upon with the Photographer.
4. Payment
4.1. Individuals: A deposit of 50% of the total fee is required at the time of booking to secure the photoshoot. The remaining balance shall be payable on the day of the photoshoot unless otherwise agreed in writing by the Photographer.
4.2. Organisations: No deposit is required at the time of booking. Payment of the full balance shall be due upon completion of the photoshoot, and final edited images shall be delivered only after full payment has been received. For large corporate assignments, payment on account may be required, subject to prior agreement.
4.3. Payment Methods: Payments made by Debit or Credit Card shall incur a 2% administration fee. No surcharge shall apply to payments made by cash or BACS.
5. Cancellation and Rescheduling Policy
5.1. Rescheduling by the Photographer: The Photographer reserves the right to reschedule the photoshoot due to unforeseen circumstances, including but not limited to sudden unavailability, illness, or unfavourable weather conditions for outdoor shoots. In such cases, the Client will be notified as soon as possible, and the rescheduled date or alternative arrangements will be made based on the Client’s preference and the Photographer’s availability.
5.2. Weather-Related Alternative Arrangements: If an outdoor shoot is affected by weather, the Photographer may offer to switch to an indoor location or reschedule for a later date, depending on the Client’s preference and the Photographer’s availability.
6. Website Display & Promotional Usage
6.1. The Client grants the Photographer the right to display any photograph covered by this contract for promotional purposes, including advertising, brochures, magazine articles, and websites. While the Photographer will take measures to safeguard these photographs, they cannot be held liable for malicious actions by third parties.
7. Liability
7.1. The Photographer shall not be liable for any indirect, incidental, or consequential damages, even if advised of the possibility of such damages, nor for any third-party claims occasioned by delay in completing the work or any loss arising from delay in transit.
7.2. In the event of work being defective due to any reason, including negligence, the Photographer's liability shall be limited to rectifying such defects, and in no case shall the Photographer’s liability exceed the amount paid by the Client for the services.
7.3. In the unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid.
7.4. Any directions issued to clients, their guests, or employees during a photographic shoot are taken at their own risk. The Photographer is not responsible for any personal accidents during a photoshoot.
8. Licence
8.1. The Photographer is granted artistic licence in relation to the poses photographed, locations used, and digital retouching. The Photographer's judgement regarding the locations, poses, and number of photographs taken shall be deemed correct.
9. Complaints
9.1. Any complaints should be raised by the Client in writing with the Photographer within 21 days from the date of receipt of images.
10. Right to Amendment
10.1. The Photographer reserves the right to amend these Terms and Conditions without prior notice. However, any changes will not affect previously agreed contracts unless the Client is notified and consents to the changes.
11. Force Majeure
11.1. The Photographer shall not be liable for any failure to perform its obligations under this agreement due to circumstances beyond its control, including but not limited to natural disasters, acts of war, or illness.
12. Governing Law and Jurisdiction
12.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of England. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the English courts.