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Terms of business

By booking your shoot and paying the booking fee, you (referred to as “the Client”) are entering into the following Agreement with SK Brand Photography (referred to as “the Photographer”) and you confirm that you have read and accept the terms below.
 
TERM
This Agreement starts on the date of first booking and remains in force indefinitely. The parties may mutually terminate the Agreement, subject to the provisions below regarding cancellations, postponements and weather. the Photographer’s obligations end upon termination, unless stated otherwise.

SERVICES
The Client agrees to engage the Photographer to provide the images and services described in the package the Client has chosen. Any optional add-ons the Client requests will incur extra fees. Additional expenses such as travel costs may also be incurred. The client will be fully informed of the total of any extra costs before agreeing to them.
 
POST-PRODUCTION
Images will be delivered according to the agreed schedule. High-end retouching, when purchased as an add-on, will require an extended delivery time to be agreed separately.

HUMAN-MADE IMAGERY
The Photographer may use artificial intelligence (AI) tools when post-processing the images. However, the Photographer warrants that the images shall be overwhelmingly the result of human creativity. The Photographer shall ensure that the use of AI technology does not compromise the quality or integrity of the images. the Client acknowledges that while AI may be used, the creative decisions, artistic interpretation and final form of the images are driven by the Photographer’s expertise, artistic vision, and manual skill. The Photographer shall not be liable for any claims, disputes, or damages arising from the use of AI technology in the post-processing workflow.

AI TRAINING & PROMPTING
The Client shall not, without the written consent of the Photographer, use any of the images to train or prompt any form of AI technology for the purpose of creating similar or derivative works. If the Client intends to use the images in conjunction with AI technologies, the Client shall obtain written consent from the Photographer, and agree upon appropriate licensing terms and additional fees if applicable.
 
COPYRIGHT
The Client is the licensee of the images. Copyright in the images belongs to the Photographer. The granting of any rights to the Client is dependent upon full payment. All rights not expressly granted in these terms are reserved by the Photographer.
 
LICENSE
The Client is granted an unlimited license to use the images for promoting themselves and their business in print and online, in perpetuity (for ever), subject to any restrictions below. The Client has the right to modify the images after delivery. This includes the right to crop, add filters, presets, overlays and text to the images. Modification and/or incorporation of any images in any layout or concept shall not constitute a joint or derivative work. The Client has the right to use the images without crediting the Photographer as the creator of the images.
 
RESTRICTIONS
The Client is not permitted to sell any of the images to third parties or use the images in any way which may be deemed offensive, harmful or defamatory to any individual or group, or in a manner that incites violence, promotes discrimination, violates any law or is morally objectionable. The Photographer reserves the right to revoke the license granted to the Client in the event of any use of the images which contravene these restrictions. The Photographer shall not use the Client's images for any purposes other than promoting the Photographer's own business. The client's images will not be utilized by the Photographer for commercial endeavours, shared, or sold to any third parties. These restrictions shall remain in effect for the duration of the agreement and survive its termination.
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PAYMENT
The total fees are based on the cost of the package the Client has chosen, plus the cost of any add-ons or additional expenses the Client has agreed to. Any changes may result in additional charges. A booking fee equal to 50% of the package price is required as a non-returnable deposit to secure the shoot date and begin planning. The balance of the package price, plus any add-on fees and expenses, is payable no later than 14 days prior to the shoot date. Overdue payments may incur a £40.00 per calendar month administrative fee plus statutory interest equal to the Bank of England base rate + 8% at the discretion of the Photographer.

CANCELLATIONS, POSTPONEMENTS & WEATHER
If the Client cancels a confirmed shoot at any time after booking, the booking fee, plus any additional expenses incurred up to the cancellation date, are non-refundable. If a shoot is prevented by bad weather, it may be postponed or rescheduled at no extra cost. The decision to postpone or reschedule a shoot will be made by the Photographer.

INDEMNIFICATION
The Client indemnifies and holds the Photographer harmless against any and all liabilities, claims, and expenses, including reasonable legal fees, arising from the Client’s use of the images.

ASSIGNMENT, SEVERABILITY AND WAIVER
This Agreement contains the entire understanding between the Parties. The Photographer cannot assign or transfer its obligations without written consent from the Client. If any provision is invalid, the remaining provisions remain valid. Waiver of a breach does not waive any subsequent breach.

GOVERNING LAW
This Agreement is governed by and interpreted according to the laws of England.

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