TERMS AND CONDITIONS

FOR BOOKING PHOTOGRAPHERS AND VIDEOGRAPHERS — ISSUED BY E&A AGENCY

1. TERMS AND CONDITIONS

As required under UK business practice, the Agency’s booking confirmation form, containing the specific terms of the booking, must be signed and returned by the client. Proceeding with the booking without signing will be deemed acceptance of these terms, which will then govern the relationship between the Agency and the client.

Any amendments to the booking confirmation by the client are not valid unless expressly agreed in writing and countersigned by the Agency.

2. FEES

a) Usage Rights

Unless agreed otherwise in writing, the client is granted a non-exclusive, non-transferable license to use the commissioned photographic content for the specified purpose, medium, and territory, for a period of one year from the shoot date. All licenses are conditional upon full payment of all fees due to the Agency.

The copyright in all images remains with the photographer at all times unless specifically assigned in writing. No rights are granted until all fees are paid in full.

b) Rates

Fees are calculated based on an agreed daily or hourly rate (as outlined in the booking form), and apply to work conducted between 09:00 and 18:00, Monday to Friday, excluding public holidays.

c) Overtime

Work outside standard hours or exceeding 8 hours per day may incur overtime charges as follows:

Evenings (after 18:00): 1.5× standard rate
Weekends: 2× standard rate
Bank holidays: 2× standard rate
Night work (00:00–06:00): to be negotiated

d) Travel Time

Travel beyond a 5-mile radius from Central London (Hyde Park Corner) is charged at 50% of the hourly rate, unless otherwise agreed.

e) Additional Expenses

Any direct expenses incurred by the photographer (transport, accommodation, location fees, equipment hire, etc.) will be recharged to the client with a 15% administration fee, unless otherwise stated.

3. USAGE & LICENSING

a) Additional Usage

All usage outside the initial license (including but not limited to advertising, packaging, billboards, website use, or third-party resale) must be negotiated and licensed separately. No extended usage is permitted unless agreed in writing with the Agency.

b) Territory

Licenses for use outside the UK must be negotiated separately. Unless otherwise stated, usage licenses are valid for the UK only.

c) Buyouts

Full buyouts (granting perpetual and global use) are not standard and must be agreed in writing, subject to enhanced fees and conditions.

4. AGENCY FEES

The Agency charges a commission of 20% on all photographic and licensing fees. Invoices reflect a split of 80% disbursement to the photographer and 20% agency commission, unless agreed otherwise.

5. PAYMENT

Payment is due within 30 days of the invoice date. The client is solely responsible for payment unless otherwise agreed in writing.

Usage rights are conditional on full payment. No usage is permitted until the invoice is settled in full. The Agency reserves the right to charge interest on overdue payments at 5% above the Bank of England base rate, compounded daily.

6. EXCLUSIVITY

Photographers are engaged on a non-exclusive basis unless expressly agreed in writing. Exclusivity (industry or territorial) must be negotiated separately and subject to additional fees.

7. PROVISIONAL BOOKINGS

Provisional bookings are held for 24 hours only unless confirmed in writing. After 24 hours, they may be released without notice.

8. CANCELLATIONS

By Client:

Within 24 hours: 100% of agreed fee is payable.
24–48 hours: 50% of agreed fee is payable.
Multi-day bookings cancelled within a period equal to the booking length: 100% payable.

By Agency:
The Agency will use reasonable endeavours to provide notice and propose a substitute. However, bookings may be cancelled without liability, and clients should arrange their own insurance to cover such contingencies.

9. WEATHER-RELATED CANCELLATIONS

First cancellation: 50% of the fee.
Subsequent cancellations: 100% of the fee.

10. MEALS & WORKING CONDITIONS

Clients must provide suitable meals and rest periods during all-day bookings. Clean, private working environments must be provided, particularly for on-location or long-duration shoots.

11. HEALTH & SAFETY

The client must:

Ensure safe, respectful, and lawful working conditions
Provide appropriate insurance as if the photographer were a freelance employee
Ensure all third parties involved are professional and qualified

12. WARRANTIES

The client warrants that:

It has the legal right and authority to enter the agreement
It will treat the photographer respectfully and legally
It has the necessary licenses and permits to undertake the shoot
It will fully disclose any relevant details regarding the shoot

13. USAGE OF TEST / PERSONAL WORK

Images from test or unpaid shoots may not be used for commercial purposes unless explicitly agreed in advance. Copyright always remains with the photographer.

14. INTELLECTUAL PROPERTY

All copyrights remain with the photographer unless specifically assigned in writing. Clients receive a limited license as described in the booking form. Unlicensed use may result in additional fees or legal action.

15. LIABILITY

a) Nothing limits either party’s liability for:

Death or personal injury caused by negligence
Fraud
Anything that cannot be excluded by law

b) The Agency’s total liability is capped at the total booking fee.

c) The Agency is not liable for:

Lost profits or business
Reputational harm
Photographer no-shows
Indirect or consequential loss

d) Clients must carry insurance to cover cancellations, liability, and damages.

16. AUTHORITY

All arrangements must be negotiated through E&A Agency. No agreement between the client and photographer is binding unless confirmed by the Agency in writing.

17. COMPLAINTS

All complaints must be raised during the shoot or immediately after. The Agency cannot accept responsibility for issues raised post-delivery without prior notice.

18. FORCE MAJEURE

The Agency is not liable for delays or cancellations due to circumstances beyond its control (e.g. illness, strike, extreme weather, war, natural disaster).

19. CONFIDENTIALITY

Both parties agree to keep the terms of this agreement confidential, except as required by law or legal process.

20. GOVERNING LAW

These terms are governed by English law, and disputes shall be subject to the exclusive jurisdiction of the English courts.