1. Engagement of Photographer
1.1 Services. Subject to the terms set out herein, Client engages Photographer to provide, and Photographer agrees to provide, the photography services described in this Section 1.1 (the “Services”)
As part of the Services, the Photographer will produce or take similar action to create materials from Images and provide related deliverables (as set out above) pursuant to the provision of the Services (“Work Product”). “Images” means photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints or digital files, captured, recorded, stored or delivered in any type of analogue, photographic, optical, electronic, magnetic, digital or any other medium.
1.2 Exclusivity. Client acknowledges and agrees that Photographer will be the exclusive provider of the Services in the Session, unless otherwise agreed to by the parties in writing.Fees and Payment
2.2 Retainer. Client acknowledges and agrees that the retainer amount set out above is due upon the signing of this Agreement and is not refundable (“Retainer”), so as to fairly compensate Photographer for committing his/her time to provide the Services and turning down other potential projects or clients. Both parties agree that the Retainer will be credited towards the total Fees payable by Client.
2.3 Invoice. Photographer will issue an invoice to Client upon agreement of the Services (“Invoice”). Client agrees to pay all Fees outstanding on or prior to the due dates set out in Section 2.1. Any payment after the due date will incur a late fee of [25%] per month on the outstanding balance. Client acknowledges that the final amount payable may be subject to change depending on the amount actual expenses incurred. Client confirms and agrees that the final calculations provided in the Invoice, should they be different from the total listed in Section 2.1, will be the final amount payable.
Client Responsibilities
3.1 Required Consents. Client will ensure that all required consents, as applicable, have been obtained prior to performance of the Services, including any consents required for the performance of Services and the delivery of Work Product by Photographer and, as applicable, from venues or locales where the Services are to be performed or from participants of the Photography Session.
3.2 Waiver. Client (on behalf of himself/herself and any other participant whose image or recording may be captured by the Services) hereby waives all rights and claims, and releases Photographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use and exploitation of Images pursuant to this Agreement.
4. Photographer Responsibilities
4.1 Equipment. Client will not be required to supply a camera or lighting infrastructure.
4.2 Manner of Service. Photographer will ensure that the Services are performed in a good, expedient, workmanlike and safe manner, and in such a manner as to avoid unreasonable interference with Client’s activities.
4.3 Photography Staff. Photographer will, and will ensure that all Photography Staff (employees, assistants or other parties engaged by Photographer to assist with the Services):
comply with the reasonable directions of Client from time to time regarding the safety of attendees at the Portrait Session and applicable health, safety and security requirements of any locations where the Services are provided;
ensure that Work Product meets the specifications set out in Section 1.1 in all material respects.
Photographer will be responsible in every respect for the actions of all Photography Staff.
4.4 Additional equipment and/or properties Client is liable to provide any additional equipment or properties but not limited to, Clothing, artistic properties, backdrops, additional infrastructure, machinery, electronic systems and or similar materials other than a camera and agreed lighting apparatus.
5. Artistic Release
5.1 Consistency. Photographer will use reasonable efforts to ensure that the Services are produced in a style consistent with Photographer’s current portfolio, and Photographer will use reasonable efforts to consult with Client and incorporate any reasonable suggestions.
5.2 Style. Client acknowledges and agrees that:
Client has reviewed Photographer’s previous work and portfolio and has a reasonable expectation that Photographer will perform the Services in a similar style
Photographer will use its artistic judgement when providing the Services, and shall have final say regarding the aesthetic judgement and artistic quality of the Services; and
Disagreement with Photographer’s aesthetic judgement or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
6. Terms and Termination
6.1 Term. This Agreement will begin on the Effective Date and continue until the latter of (i) the date where all outstanding Fees under this Agreement are paid in full; or (ii) the date where all final Work Product has been delivered (“Term”).
6.2 Cancellation. Client may terminate the Agreement (“Cancellation”) and/or reschedule the Services (“Rescheduling”) by providing Photographer with written notice no later than 14 days before the original date of the Photography Session (the “Minimum Notice”). Client acknowledges and agrees that Client is not relieved of any payment obligations for Cancellations and Rescheduling unless the Minimum Notice in accordance with this Article 6 is duly provided or unless the parties otherwise agree in writing.
6.3 Rescheduling. In the event of Rescheduling, Photographer will use commercially reasonable efforts to accommodate Client’s change. If Photographer is not able to accommodate Client’s change despite using commercially reasonable efforts, the parties agree that such Rescheduling will be deemed as Cancellation by Client and that Photographer will be under no obligation to perform the Services other than on the original date of the Photography Session.
6.4 No Refund. Client acknowledges and agrees that Cancellation by Client will not result in a refund of any fees paid on or prior to the date of Cancellation by Client.
6.5 Client Late Arrivals. In the event that the Client arrives late to the Photography Session, the amount of time late may be deducted from the time allotted for the session. Photographer will not provide a refund or other compensation for the time deducted from the session due to late arrival of the Client.
6.6 Replacement. In the event that Photographer is unable to perform the Services, Photographer, subject to Client’s consent, which is not to be reasonably withheld, shall cause a replacement photographer to perform the Services in accordance with the terms of this Agreement. In the event that such consent is not obtained, Photographer shall terminate this Agreement and shall return the Retainer and all fees paid by Client, and thereafter shall have no further liability to Client.
6.7 Photographer Lateness and Pro-Rata Refund
The Photographer shall be entitled to a grace period of ten (10) minutes from the scheduled booking start time, during which no refund shall be due.
If the Photographer arrives more than ten (10) minutes after the scheduled booking start time, and such delay is not caused by the Client or by circumstances beyond the Photographer’s reasonable control, the Client may request a pro-rata refund for the time lost beyond the grace period.
Any approved refund shall be calculated by the minute at a rate of £2.00 per minute, commencing from the end of the grace period until the Photographer’s actual arrival time. Refunds shall apply solely to the time lost and shall not give rise to any further compensation, damages, or reduction in agreed deliverables.
7. Ownership of Work Product by Photographer
7.1 Ownership of Work. Photographer will own all right, title and interest in all Work Product. Client (on behalf of itself and any participants at the Portrait Session) hereby grants Photographer and any of its service providers an exclusive, royalty-free, worldwide, irrevocable, transferable and sub-licensable license to use any materials created by Client or attendees, during the performance of the Services, that may be protected by copyright or any intellectual property rights (“Photography Session Materials”) as part of any Work Product or in connection with the marketing, advertising or promotion of Photographer’s services, including in connection with Photographer’s studio, portfolio, website or social media, in any format or medium. Client acknowledges and affirms that no other person or entity has any rights that may prevent or restrict Photographer from using Portrait Session Materials as provided herein.
8. Limited License to Client
8.1 Personal Use. Photographer hereby grants Client an exclusive, limited, irrevocable, royalty-free, non-transferable and non-sublicensable license to use Work Product for Client’s Personal Use, provided that Client does not remove any attribution notices or copyright notices included by Photographer in any Work Product. “Personal Use” includes, but is not limited to, use (i) of photos on Client’s personal social media pages or profiles; (ii) in Client’s personal creations, such as scrapbooks, albums or personal gifts; (iii) in non-commercial physical display; and (iv) in personal communications, such as family newsletter, email, or holiday card. Client will not make any other use of the Work Product without Photographer’s prior written consent, including but not limited to use of the Work Product for commercial sale.
9. Indemnity and Limitation of Liability
9.1 Indemnification. Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to the Services and or Work Product Photographer provides to Client.
9.2 Force Majeure. Neither party shall be held in breach of or liable under this Agreement for any delay or non-performance of any provision of this Agreement caused by life threatening event or illness, emergency, fire, strike, pandemic, earthquake, or any other conditions beyond the reasonable control of the non-performing party (each a “Force Majeure Event”), and the time of performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance. If such Force Majeure Event persists for more than 60 days, the party not affected by the Force Majeure Event may terminate the Agreement and any prepaid fees for Services not performed (other than the Retainer) shall be returned within 30 days of the date of termination of the Agreement.
9.3 Failure to Deliver . Photographer shall not be held liable for delays in the delivery of such Work Product, or any Work Product undeliverable, due to technological malfunctions, service interruptions that are beyond the control of Photographer (including as a result of delays in receipt of instructions from Client) and for Work Product that fails to meet the specifications set out in Section 1.1 due to the actions of Client or participants at the Portrait Session that are beyond the control of Photographer.
9.4 Maximum Liability. Notwithstanding anything to the contrary, Client agrees that Photographer’s maximum liability arising out of or related to the Services or the Work Product shall not exceed the total Fees payable under this Agreement.
10. General
10.1 Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:
Photographer’s Email: contact@chris-raw.com
Client’s Email
10.2 Survival. Articles 7, 8, 9 and 10 will survive termination of this Agreement.
10.3 Governing Law. This Agreement will be governed by the laws of The United Kingdom.
10.4 Amendment. This Agreement may only be amended, supplemented or otherwise modified by written agreement signed by each of the parties.
10.5 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Services and supersedes all prior agreements and understandings both formal and informal.
10.6 Severability. If any provision of this Agreement is determined to be illegal, invalid or unenforceable, in whole or in part, by an arbitrator or any court of competent jurisdiction, that provision or part thereof will be severed from this Agreement and the remaining part of such provision and all other provisions will continue in full force and effect.
11. Incidentals, Insurance & Damages
11.1 The Client acknowledges that all photographic equipment, accessories, lighting, props, storage media, and related tools used by the Photographer (“Equipment”) are valuable, professional-grade assets.
11.2 The Client shall be fully responsible and liable for any damage to, loss of, or theft of the Equipment that occurs:
At the event location or venue;
During setup, operation, or breakdown;
As a result of actions or omissions of the Client, the Client’s guests, employees, contractors, vendors, or any other persons under the Client’s control or influence.
11.3 The Client agrees to reimburse the Photographer for the full cost of repair or replacement of damaged, lost, or stolen Equipment, including but not limited to parts, labor, shipping, rental of substitute equipment, and any applicable taxes.
11.4 Any insurance maintained by the Photographer shall not limit the Client’s liability under this Appendix.
11.5 The Client acknowledges that the Photographer’s insurance (if any) is secondary and does not replace the Client’s responsibility for damages or losses caused by the Client or related parties.
12. Venue and Environmental Conditions
12.1 The Client is responsible for ensuring that the venue provides a reasonably safe working environment for the Photographer and the Equipment.
12.2 The Photographer shall not be held responsible for damage caused by hazardous conditions, including but not limited to:
Unstable surfaces;
Exposure to liquids, extreme heat, dust, sand, smoke, or adverse weather;
Crowded or uncontrolled environments.
Any additional costs or losses arising from unsafe or unsuitable conditions shall be borne by the Client.
13. Refund Policy
13.1 Not including the clients right to cancel or reschedule as set out in appendix 6 ("Terms and Termination") The Client acknowledges and agrees that all payments made to the Photographer are non-refundable, including but not limited to retainers, deposits, session fees, and final balances.
No refunds shall be issued under any circumstances, including but not limited to dissatisfaction with:
The artistic style, aesthetic, or creative interpretation of the Photographer
The final delivered images or edited content
The Photographer’s methods, techniques, or workflow
The overall service experience
This no-refund policy applies regardless of subjective preference or personal expectations.
13.2 Artistic Style & Creative Discretion
The Client understands that photography is a creative and subjective art form, and that the Photographer’s portfolio, prior work, and editing style represent the Photographer’s established aesthetic and creative approach. By entering into this Agreement, the Client affirms acceptance of the Photographer’s artistic style and creative discretion.
13.3 Good Faith Effort & Client Collaboration
Notwithstanding the above, the Photographer agrees to make every reasonable effort, within professional standards and personal artistic capability, to understand and achieve the Client’s desired results. This includes:
Communicating clearly regarding the Client’s expectations prior to the session
Making reasonable creative and technical efforts during the session
Applying professional skill, experience, and care in the delivery of services
The Photographer does not, however, guarantee specific artistic outcomes, subjective satisfaction, or results beyond the Photographer’s reasonable control.
13.4 Limitation of Remedies
The Client agrees that dissatisfaction with imagery, style, or service shall not constitute grounds for a refund, chargeback, or payment dispute. Any concerns must be communicated in writing within a reasonable timeframe, and the Photographer may, at their sole discretion, offer adjustments or alternative solutions that do not include monetary refunds.
14. Session Time, Setup, and Additional Charges
14.1. Session Time Definition
The session booking time includes all time spent on-site, including but not limited to:
Equipment setup (30 minutes), and
Equipment takedown/pack-down (30 minutes).
The total booked session time shall therefore be deemed to include these setup and takedown periods.
14.2 Courtesy Early Arrival
As a professional courtesy, the Photographer will make reasonable efforts to arrive up to 15 minutes prior to the scheduled session start time. This early arrival is provided at no additional cost and does not extend or alter the booked session time.
14.3 Additional Time
Any time required beyond the booked session duration, including extended shooting, delays, or unforeseen circumstances, shall be considered additional time.
Additional time is subject to:
The Photographer’s availability and sole discretion, and
The Client’s acceptance of additional charges.
14.4. Additional Time Charges
Where additional time is approved by the Photographer, it shall be charged at a rate of £2.00 per minute, calculated from the end of the booked session time. In the circumstances of an extended booking, payment of such must be remunerated during the session by means of cash or faster payments (bank transfer) or as agreed in writing by client and photographer.