Penny Bird terms of service and photography contract

Please read these Terms of Service carefully before accepting a quote, booking your session, or making a payment. By accepting a quote or booking, or making a payment, you agree to these terms on behalf of yourself and any participants.

1. Booking & Confirmation

  • Discovery calls are free via Zoom or phone: +44 (0)7903 188611.

  • A booking is confirmed, and a binding contract is formed, once you accept a quote in writing and/or pay the session fee.

  • Quotes are valid for 7 days unless otherwise stated.

2. Fees, Payments & Late Charges

  • The full session fee or balance payment (if applicable) is due 7 days before the shoot, unless otherwise agreed in writing.

  • Late payments may incur interest at 8% per annum plus Bank of England base rate, under the Late Payment of Commercial Debts Act 1998 (for business clients).

3. Cancellation, Rescheduling & Force Majeure

  • Client cancellation, with less than 7 days notice or no show: Session fee is forfeited/non-refundable.

  • With 7 days’ notice or more, the session may be rescheduled once at no cost.

  • Second reschedule: £75 admin fee.

  • Penny Bird cancellation / Force Majeure: In the event of illness, equipment failure, extreme weather, or other events beyond control, liability is limited to a full refund of fees paid, with no further consequential liability.

4. Prices & Charity Discounts

  • Prices remain fixed until 31 March annually and may adjust in line with inflation.

  • Charity shoots: Eligible charities receive a 20% discount from standard pricing in return for credited images. Credit must appear on publications and online use where reasonable.

5. Client Responsibilities & Safety

  • You are responsible for the safety and supervision of minors, animals, and personal property.

  • You must notify Penny of allergies or relevant medical information.

  • At third‑party venues, you agree to comply with all site‑specific safety rules.

6. Insurance & Limitation of Liability

  • Penny Bird holds full Public Liability and Professional Indemnity insurance.

  • Liability for any claim is capped at the total contract value.

  • Penny Bird is not liable for indirect, special, or consequential losses, including missed marketing deadlines or profits.

  • Once digital files are delivered, client is responsible for secure backup.

7. Intellectual Property, Licensing & Model Releases

  • Copyright remains with Penny Bird.

  • Upon full payment, clients receive a worldwide, non‑exclusive licence for personal or business marketing, excluding resale, sub-licensing, or competition entry without written consent.

  • Agencies & third parties: Usage is granted only to the named client unless otherwise agreed in writing.

  • Model and property releases: The client is responsible for obtaining all necessary consents. The client indemnifies Penny Bird against any claims arising from failure to obtain these.

8. Artistic Licence, Editing & AI Use

  • Penny Bird exercises artistic judgement in lighting, composition, and image selection.

  • RAW or unedited files are never released.

  • Standard retouching includes light skin and background clean‑up; advanced edits are quoted separately.

  • AI tools may be used for technical retouching only (e.g., backdrop extension, blemish removal), never for body reshaping unless agreed.

  • Clients must not upload images to AI tools or platforms that generate derivative works (including style transfers or deepfakes) without written consent.

9. Image Delivery, Storage & Security

  • Images are delivered via SmugMug gallery, password‑protected on request.

  • Standard delivery: 48 hours to 14 days depending on the project.

  • Files are backed up for 12 months; after this, recovery (if possible) may incur an admin fee not less than £75.

  • Once delivered, Penny Bird accepts no liability for loss or damage to client copies.

10. Portfolio Use & Opt‑Out

  • Images may be used in Penny Bird’s portfolio, website, and promotional materials, unless you opt out in writing before the shoot.

  • Identifiable commercial client images will only be used with written approval if confidentiality is required.

11. Complaints

  • Any concerns must be raised in writing within 7 days of the shoot or image delivery.

  • Penny Bird will work to resolve complaints quickly and fairly before formal action.

12. Data Protection & Privacy

  • Personal data is processed only to fulfil your contract and stored securely in line with UK GDPR.

  • You may request access or deletion at any time.

  • Data is typically retained 6–10 years for tax and contractual purposes.

13. Indemnity

  • The client agrees to indemnify and hold Penny Bird harmless against any claims, damages, or expenses arising from the use of the images, except where caused by Penny Bird’s negligence.

14. Governing Law & Disputes

  • This contract is governed by English law.

  • Both parties will attempt to resolve disputes informally, and if necessary, via mediation before court proceedings.

  • Exclusive jurisdiction: The courts of England and Wales.

Download the Terms of Service for your records as they are updated periodically.