TERMS AND CONDITIONS OF COMMISSION
Charlie Bard Photography Limited
Definitions
All references in this agreement to the term “Client” shall refer to the person(s) or company directly employing the Photographer, or, where the Client is not a direct client (i.e. a third party or agency), that third party or agency shall be interpreted as the “Client”.
“Licence” refers to the limited right to use the images as defined in the Estimate and these Terms.
“Photographer” refers to Charlie Bard Photography Limited.
By hiring Charlie Bard Photography Limited for photographs, products, services, etc., the Client agrees to the following Terms and Conditions.
Agreement
The agreement between the Photographer and Client governs the assignment described in the accompanying Estimate and, together with these Terms and Conditions, constitutes the entire agreement between the parties.
1) Rights of the Client to Reproduce the Images
The Client is granted a licence to use the photographs strictly as specified in the Estimate only upon full payment of all invoices.
Territory, duration, and media of use must be agreed in advance and stated in the Estimate. Any use outside of the agreed scope requires additional licensing and fees.
Direct advertising usage (above the line) must be negotiated and agreed separately.
The Client will not make any alterations to the images without prior written permission.
All copyright remains the property of Charlie Bard Photography Limited.
Any use of the images prior to full payment constitutes copyright infringement.
Upon expiry of the licence period, the Client must cease all commercial use of the images across all agreed media. Existing non-commercial or archival uses (including social media posts and previously published content) may remain in place, provided they are not repurposed or reused in new campaigns.
Renewal or extension of the licence must be negotiated in writing and a further fee paid.
2) Limitation on Third-Party Use
A licence is granted only to the Client and not to any third party.
Any third party, including but not limited to partners, franchisees, distributors, or affiliated companies, must obtain a separate licence unless explicitly included in the original agreement.
The Client may not resell, transfer, sublicense, or otherwise distribute the photographs without written permission.
For the avoidance of doubt, the Client and any third party are expressly prohibited from using the photographs, in whole or in part, for:
training artificial intelligence systems
inclusion in datasets
generative image creation
machine learning development
without the Photographer’s explicit prior written consent and additional licensing.
Any breach of this clause will result in immediate termination of the licence.
The Photographer reserves the right to request details of usage at any time to ensure compliance with the agreed licence.
3) Social Media Usage
Where images are published on social media, a photography credit to Charlie Bard Photography Limited should be given where reasonably possible.
4) Licence to Use and Third-Party Exclusions
The licence applies only to the Client as agreed at the time of commission.
No licence is granted until full payment has been received, regardless of delivery.
The Photographer must give written permission before any licence can be assigned or extended to a third party.
Any provisional licence is granted strictly at the Photographer’s discretion and may be withdrawn at any time. No provisional licence shall apply where invoices remain unpaid beyond agreed terms.
The licence is immediately revoked if payment is not made within agreed terms or if the Client enters liquidation or receivership.
Any unauthorised use constitutes copyright infringement under the Copyright, Designs and Patents Act 1988.
5) The Commission
By scheduling a shoot, the Client agrees to property, model, and photography releases where applicable.
The Client or a representative should be present at the shoot. If not, a written brief must be supplied at least 24 hours in advance.
A 50% deposit is required prior to the commencement of the photoshoot. The Photographer is not obligated to proceed without receipt of this payment.
6) Rejection
Provided the images supplied reasonably meet the agreed brief, the Client has no right to reject them based on style, composition, or subsequent non-requirement.
Where the Client considers that an image does not meet the brief, concerns must be raised in writing within 7 days of delivery, and the Photographer will work in good faith to resolve them, which may include one round of agreed revisions or, where appropriate, a reshoot charged at the Photographer’s standard rates.
7) Cancellation / Postponement
Assignments are considered confirmed upon booking.
Cancellation fees:
Less than 48 hours: 50% of fee
Less than 24 hours: 100% of fee
All incurred expenses are payable.
Postponement:
Less than 24 hours: 50% fee
After departure: 100% fee
7a) Kill Fee / Unused Images
Where a shoot has been completed in accordance with the brief but the Client subsequently decides not to use some or all of the images (for reasons including but not limited to creative change of direction, product discontinuation, campaign cancellation, or internal approval decisions), the full agreed fee remains payable.
Where a reshoot is requested following completion of the original commission for reasons not arising from the Photographer’s error, this will be quoted and charged as a new assignment.
8) Exclusivity
Exclusivity must be agreed in writing and will incur an additional fee.
The Photographer retains the right to use the images for self-promotion at all times.
9) Releases, Clearance and Regulatory Compliance
The Client is responsible for obtaining all necessary permissions and releases, including model releases, property releases, location permissions, and any third-party intellectual property clearances, and will indemnify the Photographer against any claims arising from failure to do so.
The Client is solely responsible for ensuring that any use of the images complies with all applicable laws, regulations, and codes of practice, including but not limited to:
UK advertising restrictions on less healthy food and drink products (HFSS regulations)
UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code)
UK Code of Broadcast Advertising (BCAP Code)
Advertising Standards Authority (ASA) rulings and guidance
Trading Standards, labelling, and consumer protection legislation
Any equivalent regulatory frameworks in any territory where the images are used
The Client indemnifies the Photographer in full against any claims, fines, penalties, rulings, losses, damages, or costs (including reasonable legal costs) arising from the Client’s use of the images in a manner that breaches any such law, regulation, or code.
10) Copyright / Retention of Image Rights
All images remain the copyrighted property of the Photographer.
The Photographer retains the right to use images for:
portfolio
marketing
stock / licensing
including licensing to third parties on a non-exclusive basis.
11) General Terms
Prices are subject to change.
The Photographer may display and promote work unless agreed otherwise.
The Photographer is not responsible for third-party platform quality issues.
The Photographer operates as an independent contractor.
The Photographer may engage assistants, stylists, home economists, retouchers, and other subcontractors as necessary to deliver the commission, and remains the Client’s sole point of contract.
Time of payment is of the essence.
12) Retouching
The agreed rate includes basic post-processing.
One round of reasonable retouching adjustments is included.
Additional work will be charged at an agreed rate.
13) Extensions to Original Fee
Additional time, changes to brief, delays caused by the Client, or extra deliverables will be charged at the Photographer’s standard rate.
13a) Expenses
Project expenses (including but not limited to travel, accommodation, props, food for styling, equipment hire, assistant fees, stylist and home economist day rates, location fees, and courier costs) are additional to the Photographer’s fee.
Where reasonably possible, expenses will be estimated in advance in the Estimate. Material changes or additions will be communicated to the Client for approval before being incurred, save for minor consumables.
Expenses will be invoiced at cost or at the agreed rate. Receipts will be provided on request.
14) Author Credit
Published images should include a credit to Charlie Bard / I Make You Hungry where reasonably possible.
15) Applicable Law
This agreement is governed by the laws of England & Wales, and the parties submit to the exclusive jurisdiction of the courts of England & Wales.
16) Variation
These Terms may only be varied in writing.
17) Payment Terms
All invoices are payable on receipt, unless otherwise agreed in writing.
The Client is responsible for all bank charges, transfer fees, currency conversion fees, or intermediary bank fees, ensuring the full invoiced amount is received by the Photographer.
No licence is granted until full payment has been received. The Photographer reserves the right to withhold delivery, suspend usage, or revoke any licence until payment is made in full.
Any use of the images prior to full payment constitutes copyright infringement.
Where payment remains outstanding beyond 30 days, the Photographer reserves the right to charge:
statutory interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended from time to time)
fixed statutory compensation and recovery costs as permitted under applicable UK legislation
Statutory interest shall apply at the prevailing legal rate (currently 8% above the Bank of England base rate) unless superseded by updated legislation.
Any dispute relating to an invoice must be raised within 7 days of receipt. Failure to do so may result in the invoice being treated as accepted and payable in full.
The Photographer reserves the right to recover reasonable costs incurred in collecting overdue payments.
18) Turnaround
Standard turnaround time is 10 working days from receipt of final selects.
Delays in providing selects will delay delivery.
If no selects are received within 30 days, the Photographer reserves the right to close the project and invoice in full.
Rush delivery may be available and will incur an additional fee.
19) Limitation of Liability
Nothing in this agreement excludes or limits the Photographer’s liability for:
death or personal injury caused by negligence
fraud or fraudulent misrepresentation
any other liability which cannot lawfully be excluded or limited
Subject to the above, the Photographer’s total aggregate liability shall not exceed the total fees paid for the assignment.
The Photographer shall not be liable for any indirect or consequential loss, including loss of profit, business, goodwill, data, or anticipated savings.
The Client acknowledges that fees reflect this allocation of risk.
20) Insurance
The Photographer holds public liability and professional indemnity insurance. Details are available on request.
The Client is responsible for insuring their own property, products, stock, props, and any other items supplied for the shoot.