Terms & Conditions
Last updated: 31 May 2025
This agreement is between Alim Haque of the Portrait Code (hereafter “PHOTOGRAPHER”) and myself hereafter referred to as “CLIENT”). This Agreement supersedes and replaces all previous oral or written agreements, memoranda, correspondence, or other communications between the parties hereto relating to the subject matter hereof.
1. BOOKING
1.1 - PHOTOGRAPHER and CLIENT are to arrive at {{location}} to begin the photoshoot at the date and time: {{utc-timestamp}}
1.2 - The precise meeting point will be confirmed by the PHOTOGRAPHER at least 48 hours prior to the photoshoot.
1.3 - This contract includes a non-refundable retainer (£150). PHOTOGRAPHER will reserve the time and date agreed upon by both parties exclusively for you and will not make other reservations for that time and date.
1.4 - The full amount (£{{total_price}}) and any agreed-upon additional travel fees must be paid at least 7 days prior to the date of PHOTOSHOOT.
1.5 - CLIENT understands that full payment is required for the PHOTOSHOOT to occur.
1.6 - In the event that payment is dishonored after payment has been made, no photos shall be released until a substitute full payment is made and clear funds have been received.
2. WORK PRODUCT
2.1 - All photographs will be shot in digital format.
2.2 - Edited finals will be delivered as web-resolution JPEG files in an online gallery at the end of the process as described in Section 3 of this agreement.
2.3 - Unedited proofs are non-downloadable, watermarked and low resolution, as they are for selection purposes only.
2.4 - PHOTOGRAPHER will deliver an online gallery containing unedited proofs to the email address used for the booking no later than 3 days after the shoot date.
2.5 - CLIENT understands that not all photos captured will be uploaded as unedited proofs to the online gallery and photographs may be culled and/or deleted prior to viewing at PHOTOGRAPHER’s sole discretion.
2.6 - CLIENT may only select up to the number of photos included in their package for final delivery.
2.7 - CLIENT understands that only the selected photos will be edited. The only way to receive additional photos is by purchasing additional edits.
2.8 - CLIENT agrees that any additional edits selected must be purchased at PHOTOGRAPHER’s standard editing rate prior to them being edited.
2.9 - CLIENT understands that no raw or unedited photos will be provided.
2.10 - The CLIENT may download images from the online gallery for personal use only (see Section 6).
3. TIMELINE
3.1 - As per 2.4, PHOTOGRAPHER will deliver a gallery of unedited proofs to the email address used for the booking no later than 3 days after the shoot date.
3.2 - CLIENT agrees that they will confirm their selection of the photographs for editing within fourteen days (14 days) of receiving unedited proofs. If CLIENT does not confirm their selection within this time, the PHOTOGRAPHER may complete the full selection of images to edit at their sole discretion.
3.3 - PHOTOGRAPHER will aim to deliver edits of the selected photos included in the package to CLIENT within two (2) weeks after confirmation of selection, however in busy periods this may be extend up to three (3) weeks after the confirmation of selection.
3.4 - PHOTOGRAPHER will aim to provide additional edits within the same timeline referred to in 3.3, however, if this is not possible (for example, if CLIENT has selected a lot of images), they will deliver photos in a reasonable amount of time after CLIENT has confirmed their additional selections.
3.5 - CLIENT agrees that any delays in their selection of the images to be edited are not the responsibility of the PHOTOGRAPHER.
3.6 - CLIENT agrees that the only way to speed up the editing process is to purchase the accelerated delivery add-on, if the add-on is available.
3.7 - CLIENT understands and agrees that prints take longer for delivery. PHOTOGRAPHER must deliver photos in a reasonable amount of time after the CLIENT has made a final order.
3.8 - CLIENT understands that the online portal will only remain open for sixty days (60 days) after the date of the shoot and that they must download their images before then, as described in 5.5.
3.9 - Requests for additional photographs or changes to images must be made within 7 days following delivery of the online gallery.
4. EDITING & POST-PRODUCTION
4.1 - CLIENT understands that photography is subjective, and they are hiring the PHOTOGRAPHER based on their style and quality of the images on their portfolio. PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.
4.2 - PHOTOGRAPHER will perform post-processing or digital image editing services on these photos where artistically necessary at PHOTOGRAPHER's sole discretion.
4.3 - If CLIENT would like photos edited in different styles within one gallery, they must purchase these as additional edits at PHOTOGRAPHER’s standard editing rates.
4.4 - CLIENT is not entitled to in any way further process, edit, or add filters. CLIENT agrees not to attempt to crop out or otherwise remove watermarks on unedited proofs (6.8).
4.5 - CLIENT understands that the PHOTOGRAPHER’s post-processing only includes basic editing. PHOTOGRAPHER is unable to provide heavy retouching, object removal, or photo manipulation services such as reducing body sizes or removal of creases from clothing.
5. CLIENT RESPONSIBILITIES
5.1 - CLIENT is responsible for their own personal appearance which includes ironing and steaming of their clothes, their own hair, makeup, etc.
5.2 - Any advice given by the PHOTOGRAPHER is simply advice and CLIENT agrees that they ultimately make CLIENT’S own choices and decisions.
5.3 - CLIENT understands that it is their responsibility to complete full preparations for their shoot. The PHOTOGRAPHER will send questionnaires, reading, and additional resources. Any failure to complete these makes the PHOTOGRAPHER’s job more difficult.
5.4 - On the shooting day, CLIENT agrees to cooperate with the PHOTOGRAPHER. If CLIENT or any of CLIENT’s guests are intoxicated, abusive, or excessively uncooperative, CLIENT agrees that the PHOTOGRAPHER may abandon the shoot and retain the full fee at PHOTOGRAPHER’s discretion.
5.5 - CLIENT agrees that any failure to download the images before the expiration of the gallery is not the responsibility of the PHOTOGRAPHER. CLIENT agrees that if they want the gallery re-uploaded or extended, they must purchase the respective add-on at the PHOTOGRAPHER’s standard rates.
5.6 - CLIENT agrees that if shooting on private property, CLIENT is solely responsible for obtaining permits.
5.7 - CLIENT understands that once they download the images, they are providing sign-off on the completed work product and agree that PHOTOGRAPHER has performed their responsibilities regarding the work product to a high standard.
5.8 - CLIENT agrees and understands that no other party other than PHOTOGRAPHER and the PHOTOGRAPHER'S assistant may take pictures of any poses, lighting situations, or setups made by the PHOTOGRAPHER. This slows down the PHOTOGRAPHER’S work and violates the PHOTOGRAPHER’S intellectual property in the composition of pictures of the PHOTOSHOOT. CLIENT agrees to do all things reasonably requested by PHOTOGRAPHER to ensure that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations.
5.9 - CLIENT may bring along guests to the photoshoot but agrees to notify the PHOTOGRAPHER in advance as these guests will be required to sign an agreement to participate in the PHOTOSHOOT.
5.10 - CLIENT understands that under no circumstances can a guest participate in a photoshoot without signing the participation agreement. They are responsible for providing the correct contact details for the guest in advance of the photoshoot. Any failure for guests to sign a participation agreement may result in delays that CLIENT cannot hold PHOTOGRAPHER liable for.
5.11 - CLIENT agrees that PHOTOGRAPHER is not responsible for the behaviour/cooperation of these guests.
6. INTELLECTUAL PROPERTY
6.1 - CLIENT agrees that the photos are the exclusive property of the PHOTOGRAPHER under the Copyright, Designs and Patents Act 1988.
6.2 - In consideration of the payment of monies due under this agreement, PHOTOGRAPHER will provide CLIENT with a perpetual non-transferrable exclusive license to print or to reproduce final edits downloaded from the photo gallery or delivered by the PHOTOGRAPHER as follows:
6.3 - CLIENT may share the web or high res final edits delivered by the PHOTOGRAPHER for personal purposes, including but not limited to: printing, copying, emailing, and publishing on personal social media accounts.
6.4 - CLIENT’s license described in this agreement will only be granted from the date that the final images are delivered.
6.5 - CLIENT may share the link to the viewing gallery with others but must not screenshot the unedited proof images for any purpose.
6.6 - CLIENT’s license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature.
6.7 - CLIENT understands that if they wish to use the photos commercially or purchase the copyright outright, they must contact the PHOTOGRAPHER to purchase these rights.
6.8 - CLIENT agrees they do not have a license to in any way edit, add filters, remove watermarks, or retouch the photos.
6.9 - This license does not permit CLIENT to screenshot poor quality images, or edit or alter photos in any way, or to do any other act which would infringe on a PHOTOGRAPHER'S moral rights.
6.10 - CLIENT may print web or high res photos delivered by the PHOTOGRAPHER or downloaded from the photo gallery for their personal use, and:
a: must not sell, license, sub-license, transfer, or otherwise distribute the printed photos;
b: must not use the printed photos for advertising or commercial purposes; and
c: must not submit or enter the photos into any competition.
7. INDEMNIFICATION
7.1 - PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the PHOTOSHOOT.
7.2 - If PHOTOGRAPHER is unable to perform the services in this contract due to illness, emergency, fire, casualty, strike, unsafe environment, threat, act of God or any cause outside its control; PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this PHOTOSHOOT and CLIENT agrees to indemnify PHOTOGRAPHER for any further loss, damage, or liability.
7.3 - PHOTOGRAPHER reserves the right to substitute with another photographer in the case of failure to perform as stated above. The substitute photographer is chosen at the discretion of the PHOTOGRAPHER and does not constitute a breach of this agreement. PHOTOGRAPHER warrants the substitute photographer to be of comparable quality and professionalism.
7.4 - The PHOTOGRAPHER is not responsible for compromised coverage due to causes beyond the control of the PHOTOGRAPHER including but not limited to: obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the PHOTOGRAPHER, restrictions of the locations.
7.5 - Unless specifically requested in writing prior to the commencement of the PHOTOSHOOT, the PHOTOGRAPHER is not responsible under this agreement: for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage; for missed coverage of any part of the PHOTOSHOOT; or for failure to deliver images of any specific individuals or any specific objects at the PHOTOSHOOT.
7.6 - If PHOTOGRAPHER is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the PHOTOGRAPHER, the PHOTOGRAPHER will not be liable for any consequential loss arising from the non-delivery, and the liability of the Photographer to the Client should be limited to the repayment of amounts paid to the PHOTOGRAPHER under this Agreement.
7.7 - PHOTOGRAPHER is required to retain copies of photos from the PHOTOSHOOT for sixty days (60 days) after the shoot. After this period has expired, PHOTOGRAPHER has no duty to retain files from the event. This clause is subject to the limitations referred to in 7.6.
7.8 - CLIENT will have seven (7) days after gallery delivery to make PHOTOGRAPHER aware of any issue, discrepancy, technical problem or any other complaint regarding photos, their quality and contents, or anything relating to session coverage. After this term has expired, PHOTOGRAPHER will no longer be liable to CLIENT for any corrections including damages, refunds, re-edits, or re-shoots.
7.9 - CLIENT agrees to indemnify and hold PHOTOGRAPHER harmless for any and all personal injury which may occur during the course of the photography session and the immediately surrounding PHOTOSHOOT (including any personal injury arising from or connected with any negligent act or omission on the part of PHOTOGRAPHER).
7.10 - CLIENT agrees that if PHOTOGRAPHER is unable to deliver the photos according to the timeline in section 3, PHOTOGRAPHER will communicate expectations with the CLIENT. In this event, CLIENT will be limited to the repayment of 10% of the amount paid to the PHOTOGRAPHER per week that the photos are delayed, up to a maximum of 50%.
7.11 - CLIENT understands that PHOTOGRAPHER may perform digital retouching of photos. CLIENT agrees to hold PHOTOGRAPHER harmless for any edits which may be viewed as defamatory or demeaning.
7.12 - PHOTOGRAPHER is not held liable for garment damage or cleaning fees.
7.13 - CLIENT understands and agrees that fines received in relation to the photoshoot is not the fault, liability, or responsibility of PHOTOGRAPHER and CLIENT agrees: To pay to the PHOTOGRAPHER an amount equal to any fine which may be imposed upon PHOTOGRAPHER as a result of the CLIENT’s failure to obtain any required permission; and not to make any claim (including a claim for the repayment of any money paid under this agreement) arising out of or connected with any failure on the part of CLIENT to obtain any required permission.
7.14 - CLIENT agrees that if they arrive late to the shoot, they may receive a lower quantity of unedited proofs. In the unlikely event that CLIENT is significantly late or is recorded as a ‘no-show’ (8.5), and the required photos are unable to be selected, this is not the liability or responsibility of the PHOTOGRAPHER.
7.15 - CLIENT agrees to indemnify PHOTOGRAPHER and keep it harmless from and against all losses and claims, proceedings, action for damages, compensation, expenses, losses, legal costs (on an indemnity basis), contribution, indemnity, or any other legal, equitable or statutory remedy arising from or in connection with this agreement.
7.16 - PHOTOGRAPHER reserves the right to terminate coverage and leave the location of the PHOTOSHOOT if the photographer experiences inappropriate, threatening, hostile, or offensive behaviour from anyone at the PHOTOSHOOT; or in the event that the safety of the photographer is in question. If PHOTOGRAPHER leaves the PHOTOSHOOT in accordance with this clause, PHOTOGRAPHER will not be liable to refund any amount to CLIENT but will be obliged to provide CLIENT with photographs taken by PHOTOGRAPHER prior to PHOTOGRAPHER leaving the PHOTOSHOOT.
8. NO SHOWS & CANCELLATION
8.1 - CLIENT must send a written cancellation notice via either email or recorded mail.
8.2 - If the written cancellation notice is received within a cooldown window of two-hours (2 hours) after the initial booking, the client will receive their full booking fee refunded.
8.3 - After this 2-hour cooldown window, the client forfeits their non-refundable retainer in case of cancellation.
8.4 - If CLIENT cancels this agreement, giving less than 48 hours’ notice prior to the date of the PHOTOSHOOT or fails to show on time, all payments made to PHOTOGRAPHER will be forfeited and released to PHOTOGRAPHER unconditionally.
8.5 - CLIENT will be recorded as a ‘no-show’ if they do not appear within the first 30 mins of their shoot.
8.6 - CLIENT understands that in the event of a ‘no-show’ (CLIENT not showing up to their shoot (8.5)), the PHOTOGRAPHER will retain the full fee for the session despite being unable to provide the work product outlined in section 2.
9. RESCHEDULING / LATE ARRIVALS
9.1 - CLIENT is able to reschedule a photoshoot once with no quibbles via their online booking portal provided that notice is given at least 48 hours prior to the scheduled PHOTOSHOOT.
9.2 - CLIENT agrees that they are only able to reschedule their photoshoot once without incurring an additional fee. Any further attempts to reschedule will be subject to a rescheduling fee.
9.3 – A £150 rescheduling fee must be paid by the Client for any following reschedulings, and PHOTOGRAPHER will be entitled to retain all amounts paid under this contract until the rescheduled PHOTOSHOOT.
9.4 - If CLIENT is unable to choose a date within PHOTOGRAPHER’s availability less than 60 days in the future, this will be deemed as a cancellation by the CLIENT and CLIENT will receive a refund but will forfeit their retainer fee.
9.5 - CLIENT is to arrive at the confirmed shoot location by the time of the appointment. If CLIENT arrives later, the PHOTOSHOOT may not be extended.
10. PRICING & ADDITIONAL PRODUCTS
10.1 - Services or merchandise not included in this initial contract will be sold at the current price when the order is placed.
10.2 - All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward products or services purchased.
11. PHOTOGRAPHER’S USAGE
11.1 - PHOTOGRAPHER has the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions, and use, or for display within or on the Photographer’s website, social media, and/or studio. CLIENT releases PHOTOGRAPHER from all claims and liability in relation to the photographs and any use by PHOTOGRAPHER which is consistent with this agreement.
11.2 - If the PHOTOGRAPHER desires to make other commercial uses of the images to promote the commercial interests of any business other than the PHOTOGRAPHER’s own businesses, the PHOTOGRAPHER shall not do so without first obtaining the written permission of the CLIENT.
12. MISCELLANEOUS
12.1 - If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction