Terms of Service
TERMS OF SERVICE
These Terms of Service (“Terms”) form the agreement between Tobie Clapcott Photography (“the Photographer”) and the client (“the Client”). By commissioning, booking, or purchasing photography or related services, the Client agrees to the following conditions.
1. DEFINITIONS
“Photographer”: Tobie Clapcott, trading as Tobie Clapcott Photography.
“Client”: The individual, company, or organisation engaging the Photographer.
“Services”: Any photography, filmmaking, RPAS (drone) work, editing, or related activities performed by the Photographer.
“Images”: All photographic works, films, digital files, negatives, prints, or other visual content created by the Photographer.
“Licence”: The specific usage rights granted to the Client.
“Fee”: The total amount payable by the Client for services or licences.
2. BOOKINGS AND FEES
2.1 A booking is only confirmed once a non-refundable deposit has been paid and written confirmation issued by the Photographer.
2.2 Quotations are valid for 30 days unless otherwise stated.
2.3 The balance of the Fee must be paid in full by the agreed date (no later than 14 days from final delivery unless otherwise agreed).
2.4 Travel expenses may apply for bookings outside a 25-mile radius of Salisbury, Wiltshire, and will be agreed in advance.
2.5 The Photographer reserves the right to withhold delivery of Images until full payment is received.
3. CANCELLATION AND RESCHEDULING
3.1 Deposits are non-refundable under all circumstances.
3.2 Cancellations made within 14 days of the scheduled shoot may incur up to 50% of the remaining balance.
3.3 Cancellations within 7 days may be charged in full, at the Photographer’s discretion.
3.4 Rescheduling must be requested in writing and is subject to availability. The Photographer will endeavour to accommodate changes but cannot guarantee availability.
4. COPYRIGHT
4.1 All copyright and intellectual property in the Images remain the sole property of the Photographer under the Copyright, Designs and Patents Act 1988.
4.2 The Client obtains a licence for usage but does not gain ownership or copyright in the Images.
4.3 The Photographer reserves the right to use any Images for portfolio, marketing, social media, exhibitions, competitions, educational purposes, and professional promotion unless otherwise agreed in writing.
5. IMAGE LICENSING AND USAGE
5.1 The Client is granted a non-transferable, non-exclusive licence for the agreed usage only.
5.2 Personal Use: Clients may print, share online, and display Images for private use. Redistribution, resale, or commercial exploitation is not permitted.
5.3 Commercial and Promotional Use: A separate written licence is required for advertising, marketing, product packaging, publicity campaigns, or any revenue-generating use. Additional fees may apply.
5.4 Editorial Use: Use in press, publications, or news media must be authorised in writing.
5.5 Images may not be sold, sublicensed, or transferred to third parties without written consent.
5.6 No significant alterations, edits, or filters may be applied to Images without the Photographer’s prior approval.
5.7 RAW files are never supplied unless specifically agreed in writing and subject to an additional fee.
6. DELIVERY OF IMAGES
6.1 Delivery will be made via a secure online gallery, file transfer, or other agreed method.
6.2 Estimated delivery times will be advised but are approximate and may vary.
6.3 The Photographer is not responsible for delays caused by unforeseen technical issues, force majeure, or Client delay.
6.4 Final delivered Images will be in high-resolution JPEG format unless otherwise agreed.
7. CLIENT RESPONSIBILITIES
7.1 The Client must obtain all necessary permissions for photography at venues and events.
7.2 The Client is responsible for ensuring cooperation of subjects. The Photographer cannot be held liable for missed Images due to lack of cooperation or restrictions.
7.3 For drone (RPAS) operations, the Client must ensure access permissions, airspace approvals (if applicable), and risk assessments are in place prior to flight.
8. LIABILITY
8.1 The Photographer is fully insured with public liability and professional indemnity cover.
8.2 The Photographer shall not be liable for:
Missed images due to late arrival of subjects.
Restrictions imposed by venue staff, officiants, or security.
Acts of nature, weather, or unforeseen circumstances beyond reasonable control.
8.3 In the unlikely event of total photographic failure, liability is limited to a refund of fees paid.
8.4 No further liability is accepted for emotional distress, consequential loss, or perceived loss of value.
9. FORCE MAJEURE
9.1 Neither party shall be liable for failure to perform obligations caused by events outside reasonable control, including illness, accidents, strikes, transport delays, natural disasters, pandemics, acts of terrorism, or government restrictions.
9.2 In such cases, the Photographer will use best endeavours to reschedule or refund where appropriate.
10. ARCHIVING AND STORAGE
10.1 The Photographer will retain final Images for a minimum of 12 months.
10.2 Beyond this period, archiving is not guaranteed. Clients are strongly encouraged to download and back up all files upon receipt.
11. DATA PROTECTION (GDPR)
11.1 Personal data will be collected, stored, and processed in line with GDPR regulations.
11.2 Client data will be used solely for delivering services and will not be shared with third parties without consent, except where required by law.
12. MODEL RELEASE AND PUBLICITY
12.1 By engaging the Photographer, the Client grants permission for Images of events, participants, and subjects to be used by the Photographer for promotional purposes (portfolio, social media, website, exhibitions, competitions, etc.), unless expressly declined in writing prior to the shoot.
12.2 Clients must notify the Photographer in writing if restrictions on publicity are required.
13. GOVERNING LAW
13.1 These Terms are governed by and construed in accordance with the laws of England and Wales.
13.2 Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
14. AGREEMENT
By booking the Photographer’s services, the Client confirms that they have read, understood, and agree to these Terms of Service.