Jonathan Owen Essex Photographer Terms & Conditions
These Terms & Conditions apply to all photography services provided by Jonathan Owen (“the Photographer”). By booking a session or event and paying the required deposit, booking fee, full balance, or any other agreed payment, the client agrees to these Terms & Conditions.
These terms are intended to keep everything clear and fair for both private clients and business clients.
For the purposes of these Terms & Conditions, a “private client” or “consumer client” means an individual booking photography services for personal use, outside of their trade, business, craft or profession.
A “business client” means any company, organisation, charity, venue, agency, sole trader or individual booking photography services mainly for business, commercial, promotional, organisational or professional purposes.
1. Booking, Payment & Contract Details
A 30% deposit/booking fee is required to secure the Photographer’s availability for the agreed date.
The deposit secures the date, confirms the booking, covers initial administration and preparation, and means the Photographer may turn down other work for the same date.
The booking details, including date, time, location, coverage, price, delivery expectations and any agreed extras, will be confirmed in writing by email, message, invoice, booking form, or other written communication.
For private clients, the remaining balance is due on or before the day of the booking, unless otherwise agreed in writing.
For business clients, the remaining balance is due within 30 days of invoice, unless otherwise agreed in writing.
If the client chooses to pay the full balance at the time of booking, these Terms & Conditions still apply in full. Any payment made above the 30% deposit will be treated as an advance balance payment.
If payment is not made on time, delivery of images may be delayed until payment is received.
If payment remains overdue, the Photographer may take reasonable steps to recover the unpaid amount.
If the Photographer agrees to a payment plan, all payments must be made on schedule. If payments are missed, the booking may be cancelled and any refund will depend on the timing, circumstances, work already carried out, and costs already incurred.
Any purchase order, supplier terms, or client-side contract terms will only apply if agreed in writing by the Photographer.
2. Consumer Cancellation Rights
This section applies to private consumer clients only.
Where a private consumer client books at distance, including by email, phone, website, social media message, online form, or other remote communication, the client has the right to cancel within 14 days of entering into the contract without giving a reason.
The cancellation period begins the day after the contract is entered into. In most cases, this will be the day after the booking is confirmed and payment is made.
To exercise the right to cancel, the client must clearly inform the Photographer of their decision to cancel within the 14-day cancellation period. This can be done by email, message, or by using the cancellation form below.
If the client cancels within the 14-day cancellation period and no work has started, the client will receive a full refund of all sums paid, including the deposit.
If the client asks the Photographer to begin work during the 14-day cancellation period, the Photographer may charge a reasonable amount for work already carried out up to the point of cancellation. This may include booking administration, planning, preparation, correspondence, travel planning, location research, shot list preparation, equipment preparation, time spent at the session or event, editing, gallery preparation, or other work already completed.
If the photography service has been fully performed within the 14-day cancellation period at the client’s express request, the client acknowledges that their right to cancel may be lost once the service has been fully completed.
For bookings taking place within 14 days of confirmation, the client may be asked to confirm in writing that they want the Photographer to begin work during the cancellation period and that they understand the cancellation implications.
Refunds due under this section will be made within 14 days of the Photographer receiving the client’s clear cancellation request.
Model Cancellation Form
To: Jonathan Owen Essex Photographer
I hereby give notice that I wish to cancel my contract for photography services.
Name:
Booking date:
Session/event date:
Email address:
Address:
Signature, if sent by post:
Date:
3. Cancellations & Rescheduling by the Client
This section applies to cancellations and rescheduling outside any applicable 14-day consumer cancellation period.
If the client cancels after the 14-day consumer cancellation period has ended, the 30% deposit is non-refundable, except where the Photographer is unable to provide the agreed service.
If the client has paid more than the deposit and cancels more than 7 days before the scheduled session or event, any balance paid above the 30% deposit will usually be refunded, less any agreed expenses, preparation costs, travel, accommodation, hire costs, or other costs already incurred.
If the client cancels within 7 days of the scheduled session or event, the 30% deposit is non-refundable. Any refund of sums paid above the deposit will depend on the circumstances, work already carried out, costs incurred, and whether the Photographer has lost the opportunity to take on other work.
Rescheduling more than 7 days before the session or event does not require a new deposit, subject to the Photographer’s availability.
Rescheduling within 7 days may be treated as a cancellation at the Photographer’s discretion, depending on the circumstances, availability, and any costs already incurred.
If the client fails to attend the session or event without prior notice, the full session fee may remain payable, less any costs the Photographer has not had to incur.
If unexpected circumstances arise, the client is encouraged to contact the Photographer as soon as possible to discuss available options.
For private clients, nothing in these Terms & Conditions affects any statutory rights that may apply.
4. Cancellation by the Photographer
If the Photographer is unable to attend due to illness, emergency, accident, bereavement, force majeure, or any other unforeseen circumstance outside the Photographer’s reasonable control, the client will receive a full refund of all sums paid, including any deposit, booking fee, balance payment, or payment made in full.
Where possible, the Photographer will make reasonable efforts to help the client find a suitable replacement photographer.
However, the Photographer cannot guarantee the availability, pricing, style, quality, conduct, or performance of any replacement photographer.
Except where liability cannot legally be limited or excluded, the Photographer’s liability in this situation will be limited to a refund of all sums paid by the client.
5. Photographer’s Responsibilities
The Photographer will provide professional photography services as agreed at the time of booking and will carry out the service with reasonable care and skill.
The Photographer will take reasonable care to deliver high-quality images that reflect the agreed brief, the Photographer’s established style, and the practical conditions on the day.
Final image selection and editing are at the Photographer’s discretion to ensure consistency in quality and style. Images are carefully selected and edited to provide the strongest final gallery from the session or event.
Minor retouching requests, such as blemish removal or cropping, may be accommodated at the Photographer’s discretion where reasonable.
Extensive retouching, image manipulation, object removal, background changes, body reshaping, or stylistic changes beyond standard editing are not included and may incur an additional fee.
The Photographer cannot guarantee specific individual shots, expressions, poses, guests, moments, weather conditions, lighting conditions, venue access, or results affected by circumstances outside the Photographer’s control.
RAW or unedited files are not supplied unless specifically agreed in writing before the booking.
6. Image Rights & Usage
The Photographer retains full copyright of all images.
Private clients are granted a non-exclusive licence to use the final edited images for personal, non-commercial purposes. This includes personal prints, sharing with family and friends, and posting on personal social media accounts.
Business clients are granted a non-exclusive licence to use the final edited images for their own business, marketing, PR, social media, website, internal communications, event promotion, recruitment, and general brand activity.
Event organisers may share final edited images with relevant event partners, sponsors, suppliers, venues, speakers, performers, guests, attendees or participants for event-related promotional use, provided the images are not sold, substantially edited, misrepresented, or used in a way that damages the Photographer’s reputation.
Images may not be sold, licensed, entered into image libraries, transferred to third parties for commercial resale, or used in unrelated third-party advertising campaigns without prior written consent from the Photographer.
Clients may not heavily edit, apply filters to, or otherwise alter the delivered images in a way that misrepresents the Photographer’s work.
Basic resizing, cropping for platform requirements, print preparation, social media upload, website upload, or internal formatting is permitted.
Photo credit is appreciated where practical, particularly for public social media posts, press features, supplier usage, venue usage, or event partner sharing.
7. Portfolio, Marketing & Promotional Use
The Photographer may use selected images for portfolio, website, social media, marketing, advertising, awards, editorial, and educational purposes unless the client requests otherwise in writing before the shoot or event.
For private family sessions, children’s parties, personal events, sensitive events, confidential corporate work, embargoed launches, or private business events, image usage restrictions can be agreed in advance.
The client should raise any restrictions before the booking is confirmed so expectations are clear from the start.
The Photographer will take reasonable care not to publish images that are clearly inappropriate, compromising, confidential, commercially sensitive, or likely to cause embarrassment.
8. Data Protection & Privacy
The Photographer will process client details and images in line with applicable data protection requirements and the Photographer’s privacy policy, where relevant.
The client is responsible for informing guests, attendees, staff, participants, parents, guardians, or relevant individuals that photography will be taking place where appropriate.
For corporate, commercial, school, charity, venue, public, ticketed, or organised events, the client is responsible for managing any internal permissions, attendee notifications, safeguarding requirements, venue rules, or photography restrictions that may apply.
If any individual should not be photographed, the client must make the Photographer aware before the shoot or event, where reasonably possible.
For larger events, the Photographer cannot guarantee that every individual photography restriction can be identified or managed unless clear arrangements are agreed in advance.
9. Delivery of Images
Images will be delivered in high-resolution digital format via a secure online gallery, download link, or other agreed digital delivery method.
The standard turnaround time is 7 to 10 days for events and portraits, unless otherwise agreed in writing.
Turnaround times may be extended during busy periods, for larger galleries, or where additional editing time is reasonably required.
If expedited delivery is required, this must be agreed in advance and may incur an additional fee.
Once the gallery or download link has been delivered, the client is responsible for downloading and safely backing up their images.
The Photographer will do their best to help if access is needed later, but cannot guarantee long-term storage after delivery.
Online galleries and download links may only remain available for a limited period.
10. Event Photography Considerations
To maintain energy and focus during extended events, a 15-minute break is required every 4 hours.
For full-day or extended event coverage, a meal is appreciated if food is being served to guests.
The Photographer is not responsible for venue restrictions, access limitations, lighting conditions, weather, delays, schedule changes, guest behaviour, supplier interference, security restrictions, or other circumstances that may affect coverage.
If guests, staff, security, venues, performers, speakers, other suppliers, or members of the public obstruct shots or interfere with photography, the Photographer is not liable for missed moments.
The client is responsible for ensuring that the venue allows photography and for obtaining any required permissions, passes, access, clearance, parking arrangements, or security approval.
Where a schedule, shot list, VIP list, group photo list, or key moment list is required, this should be provided before the shoot or event.
The Photographer will make reasonable efforts to cover requested shots but cannot guarantee every requested image, particularly during live, fast-moving, delayed, or uncontrolled events.
11. Technical Issues, Loss & Liability
The Photographer will take reasonable care to prevent technical issues, including using suitable professional equipment and backup processes where appropriate.
In the unlikely event of significant technical failure, file corruption, equipment failure, memory card failure, theft, accident, or loss of images, the Photographer will provide a fair remedy based on the circumstances.
This may include a partial refund, a reshoot where practical, or a full refund where no meaningful service or usable images can be delivered.
Where legally permitted, the Photographer’s total liability for any claim arising from the booking will be limited to the total amount paid by the client.
Nothing in these Terms & Conditions limits or excludes liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud, or any other liability that cannot legally be limited or excluded.
For business clients, the Photographer is not responsible for indirect losses, consequential losses, loss of profit, loss of business, loss of opportunity, reputational loss, or other losses beyond the agreed photography fee.
12. Force Majeure
The Photographer is not liable for failure to perform, delay, or disruption caused by circumstances beyond reasonable control.
This may include, but is not limited to, extreme weather, illness, accident, emergency, natural disaster, transport failure, venue closure, power failure, government restrictions, civil disruption, or other events outside the Photographer’s control.
If a force majeure event prevents the Photographer from attending or providing the agreed service, a full refund of all sums paid will be issued.
If a force majeure event prevents the client’s event or session from going ahead, both parties will discuss rescheduling where possible, subject to the Photographer’s availability and the cancellation terms above.
13. Client Satisfaction & Style
The client acknowledges that photography is a creative service and that the Photographer’s style, editing approach, framing, use of light, composition, colour treatment, black and white edits, and final image selection are subjective.
The client is encouraged to review the Photographer’s portfolio before booking to ensure the style is suitable for their requirements.
The Photographer is not responsible for dissatisfaction due to personal preferences in appearance, styling, outfit choices, weather, venue aesthetics, guest behaviour, or differences between the client’s expectations and the Photographer’s established style.
14. Complaints & Corrections
Any concerns about the delivered images should be raised in writing within 7 days of delivery.
The Photographer will review reasonable concerns and may make minor corrections or adjustments at their discretion.
Requests made after this period may be treated as additional editing work and may incur a further fee.
15. Agreement & Acceptance
By booking a session or event and making payment, the client confirms that they have read, understood and accepted these Terms & Conditions.
Written confirmation by email, message, invoice acceptance, booking form acceptance, or payment of the deposit, booking fee, full balance, or any other agreed payment serves as acceptance of this agreement, even if no physical signature is provided.
Any changes to these Terms & Conditions must be agreed in writing.
For any questions or further clarification, please contact Jonathan Owen.