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Terms & Conditions

Effective Date: 1 November 2026

1. Scope and Definitions

  1. These terms apply to every photography and film commission undertaken by Simon Bailey Studios Ltd, a company registered in England and Wales (company number 17377674), trading as Simon Bailey Studios.
  2. In these terms:
    • “the Client” means the person or organisation that commissions the work and to whom the invoice is addressed;
    • “the Commission” means the work described in the Booking Confirmation;
    • “the Booking Confirmation” means the written confirmation of the Commission, setting out its date, location, hours, deliverables, and fee;
    • “Images” means the still photographs supplied to the Client;
    • “Films” means the moving image work supplied to the Client, including any edited clips;
    • “the Work” means the Images and Films together;
    • “the Rate Card” means the rates published by Simon Bailey Studios at the date of the Booking Confirmation.
  3. Where documents differ, the Booking Confirmation takes precedence over these terms, and these terms take precedence over the Rate Card. Any addendum issued with a quote forms part of the Booking Confirmation. A licence agreement proposed with a quote takes effect once it has been signed by both parties.
  4. By confirming a booking, in writing or by email, the Client accepts these terms. No other terms, including any terms attached to the Client’s purchase order, apply to the Commission unless Simon Bailey Studios has agreed to them in writing.

2. Quotes and Booking

  1. A quote is valid for 30 days from the date of issue.
  2. A quote is based on the brief supplied by the Client. If the brief changes after the quote has been accepted, Simon Bailey Studios may revise the fee to reflect any additional time or cost.
  3. A booking is confirmed when the Client has accepted the quote in writing and Simon Bailey Studios has received a retainer of 50% of the fee. The date is not reserved until both have taken place.
  4. The retainer is non-refundable and is deducted from the final invoice.

3. Hours and Overruns

  1. A half day covers up to four hours on site, and a full day covers up to eight hours on site. Both include set-up and tear-down.
  2. A full day includes a 30-minute break for the photographer.
  3. Hours on site begin at the agreed start time. Time lost to delays on site that are not caused by Simon Bailey Studios counts towards the booked hours.
  4. The first hour beyond the booked hours is not charged. If the Commission runs more than one hour past the booked hours (beyond five hours on a half day, or nine hours on a full day), the overrun is charged at £120 per hour or part hour from the end of the booked hours.
  5. Time on site between 22:00 and 06:00 is charged at 150% of the standard rate, calculated on those hours only. Overruns within these hours are charged at £180 per hour or part hour. Where a brief calls for twilight or sunrise images, their timing and fee are set out in the Booking Confirmation.

4. Editing and Retouching

  1. The selection and editing of the Work are carried out at the professional judgement of Simon Bailey Studios. The Client may not reject the Work on the grounds of photographic style or composition where these follow the agreed brief.
  2. Standard editing covers exposure, colour, contrast, lens and perspective correction, and the removal of minor marks and dust.
  3. Retouching means any work beyond standard editing, including the removal or addition of objects, compositing, cut-outs, and retouching of people beyond minor blemishes. Retouching is charged at £70 per hour, and an estimate of the time required is given before the work begins.
  4. Where editing is not included in the fee, it is charged at £70 per hour, with a minimum of two hours per Commission, or one hour for a two-hour booking.
  5. Where the Booking Confirmation includes a set number of Images, the Client selects them from a gallery of proofs. Additional Images are charged as stated in the Booking Confirmation.
  6. Unedited and RAW files are not supplied.

5. Travel and Expenses

  1. Travel within 30 miles of the studio office in Conwy is included in the fee.
  2. Beyond 30 miles, travel is charged at £45 for up to 50 miles, then £1 for each further mile. Distance is measured one way by road from the studio office, rounded down to the nearest 5 miles, and the charge covers the return journey.
  3. Travel beyond 250 miles is quoted individually.
  4. Where a Commission runs over consecutive days with an overnight stay, one travel charge applies. Where Simon Bailey Studios returns to the studio office between days, each return journey is charged separately.
  5. Where Simon Bailey Studios combines Commissions for different clients on one trip, the total distance of the trip is divided equally between the Commissions. Each Client is charged as per 5.2 on its share, treated as a return journey, and accommodation is divided in the same way. A Client is never charged more than a separate trip would have cost, and the shared charge replaces any travel charge quoted earlier. Other clients on the same trip are not named.
  6. Tolls, parking, congestion and clean air zone charges, ferries, and public transport are charged at cost.
  7. Where an overnight stay is required, the accommodation is agreed with the Client before the booking is confirmed and charged at cost.
  8. For sessions of two hours or less, travel is included within 20 miles of the studio office. Between 20 and 40 miles, a travel supplement of £50 applies. Beyond 40 miles, the half-day rate applies.

6. The Client’s Responsibilities

  1. The Client ensures that Simon Bailey Studios has access to the location at the agreed time, and obtains permission to photograph and film at the Client’s own premises, or at any private property connected with the Commission, including the consent of the owner or occupier. Permits for public or third-party locations are arranged by the party named in the Booking Confirmation. Where Simon Bailey Studios arranges them, the fees are charged at cost.
  2. Where people are photographed or filmed as subjects of the Commission, Simon Bailey Studios supplies a model release and collects signed releases on the day. The Client is responsible for informing its staff, customers, and anyone else present at the location that photography and filming are taking place, and for obtaining their consent where they appear identifiably in the Work.
  3. The Client is responsible for clearing the use of any third-party artwork, design, logo, or trade mark that appears in the Work at the Client’s request.
  4. The Client provides a safe working environment and informs Simon Bailey Studios in advance of any hazards, site rules, or inductions. Simon Bailey Studios may stop work where conditions are unsafe, and time lost in this way counts towards the booked hours.
  5. The Client informs Simon Bailey Studios in advance of parking arrangements and any restrictions on access.
  6. The Client, or a representative authorised to make decisions on the Client’s behalf, is available throughout the Commission and cooperates with reasonable requests from the photographer.
  7. Simon Bailey Studios is not liable for images that cannot be taken because of delays on site, restricted access, or a failure to meet the responsibilities in this section.

7. Rescheduling and Cancellation

  1. The Client may reschedule a Commission once, with at least 5 working days’ notice, subject to availability, provided the new date falls within three months of the original date. The retainer carries over to the new date.
  2. A request to reschedule with less than 5 working days’ notice, or a second request to reschedule, is treated as a cancellation.
  3. If the Client cancels, the retainer is not refunded. A cancellation within 48 hours of the agreed start time is charged at the full fee.
  4. Outdoor Commissions affected by weather can be rescheduled without charge up to the day of the Commission, by agreement between the Client and Simon Bailey Studios. The retainer carries over to the new date.
  5. Travel and accommodation costs already incurred that cannot be recovered are charged to the Client on cancellation.
  6. If Simon Bailey Studios has to cancel because of illness, equipment failure, or other circumstances beyond its control, every effort will be made to reschedule. If no new date can be agreed, the retainer is refunded in full, and the liability of Simon Bailey Studios is limited to that refund.

8. Selection and Delivery

  1. Proofs are supplied within 5 working days of the Commission, and final Images within 10 working days of the Client’s selection. The first edit of a Film is supplied within 10 working days of the Commission. Each round of changes is completed within 5 working days of receiving the Client’s feedback, given in a single list per round. The final Film is delivered within 5 working days of the Client’s approval.
  2. The Client makes the selection within 30 days of receiving the proofs. If no selection is received in that time, Simon Bailey Studios makes the selection on the Client’s behalf.
  3. The Work is delivered through the Simon Bailey Studios client portal. Images are supplied as high-resolution JPEG files in sRGB, with web-sized versions. Films are supplied as MP4 files.
  4. The Work remains available to download from the client portal for at least 30 days from delivery. The Client is responsible for keeping its own copies of the Work.
  5. Simon Bailey Studios keeps an archive of the final Work for at least two years from delivery, and makes it available on request. A re-supply after two years may be charged.
  6. The Work is edited on calibrated displays. Simon Bailey Studios is not responsible for variations in colour on other screens, or in prints not supplied by Simon Bailey Studios.

9. Payment

  1. All fees and expenses are subject to VAT at the standard rate.
  2. The balance of the fee, together with any additional editing, overruns, travel, and expenses, is invoiced on delivery of the Work and is payable by bank transfer within 14 days of the invoice date.
  3. Late payments from business clients incur interest at 8% above the Bank of England base rate, and fixed compensation of £40 on invoices under £1,000, £70 on invoices from £1,000 to £9,999.99, and £100 on invoices of £10,000 or more, under the Late Payment of Commercial Debts (Interest) Act 1998. Reasonable costs of recovery beyond these amounts are also charged.
  4. The licence granted under section 10 takes effect only once the invoice has been paid in full.

10. Copyright and Licence

  1. Where a separate licence agreement has been signed by both parties, it takes precedence over this section.
  2. Copyright in the Work remains with Simon Bailey Studios at all times.
  3. On payment in full, Simon Bailey Studios grants the Client a non-exclusive, non-transferable licence to use the Work for the purposes and period set out in the Booking Confirmation or the licence agreement.
  4. Unless a licence agreement or the Booking Confirmation states otherwise, the licence covers the Client’s website, social media, and printed marketing materials distributed by the Client or displayed at its own premises and events, such as catalogues, flyers, and roll-up banners, etc. The licence does not cover paid advertising, editorial use, broadcast, or outdoor display, including billboards, hoardings, posters in public places, and advertising on or in transport, all of which are quoted separately. The duration of the licence is agreed for each Commission.
  5. The Client may not sublicense, sell, or pass the Work to any third party without the written consent of Simon Bailey Studios. Use by third parties is licensed separately.
  6. The Work is credited “Photography: Simon Bailey Studios” for Images and “Film: Simon Bailey Studios” for Films, placed next to the Work. Where that is not possible, the credit appears in the post caption or as a tag on social media, on the same web page, or in the credits on the same spread in print.
  7. Any use not covered by the licence requires a further licence from Simon Bailey Studios.

11. Use and Alteration of Images and Films

  1. The Client may crop, resize, and convert the format of the Work for layout purposes, provided the Work is not distorted or misrepresented. The Client may add captions, text overlays, and its logo to social media posts and to Films supplied as vertical clips.
  2. The Client may not, without the written consent of Simon Bailey Studios:
    • cut out subjects or remove backgrounds;
    • change the colour or tone of the Work, including through filters, presets, or regrading;
    • retouch or composite the Work, or add or remove elements;
    • alter, extend, or upscale the Work using artificial intelligence;
    • use the Work to train or prompt artificial intelligence systems;
    • remove or alter any metadata, Content Credentials, or signature mark applied to the Work by Simon Bailey Studios.
  3. Images of objects on their own are agreed as part of the brief and photographed as such.
  4. Films may not be re-edited, re-cut, or shortened, and their music may not be used separately from the Film. The music licence covers the Film as delivered. Alternative versions, including shorter cuts, trailers, teasers, and showreels, are available on request and are quoted separately.
  5. Simon Bailey Studios asserts its right to be identified as the author of the Work, and its right to object to derogatory treatment of the Work, under the Copyright, Designs and Patents Act 1988.

12. Promotional Use by Simon Bailey Studios

  1. Where the Client requires the Work to remain confidential, this is stated in the Booking Confirmation, and the Work is not used for promotion without the Client’s written consent. The remainder of this section does not apply.
  2. Simon Bailey Studios may use the Work to promote its own services, including on its website and social media, in its portfolio and printed material, and in award entries.
  3. The Work is not used for promotion until the Client has published it, or six months after delivery if the Client has not published it by then.
  4. The Work is credited to the Client unless the Client asks otherwise.
  5. Where the Work shows a private home, the property and its location are never identified.

13. Breach and Termination

  1. The licence ends automatically if the invoice is not paid in full when due, or if the Client uses the Work outside the licence or in breach of section 11.
  2. When the licence ends, the Client stops using the Work and removes it from all websites, social media, and other platforms under its control within 7 days.
  3. Any use of the Work after the licence has ended is unlicensed use, for which Simon Bailey Studios may charge a licence fee or take further action.
  4. Where the licence ended because of non-payment, it is reinstated once the invoice and any charges under 9.3 have been paid in full.

14. Privacy

  1. Simon Bailey Studios processes personal data in accordance with UK GDPR and the Data Protection Act 2018.
  2. Personal data collected for a Commission, including contact details and images of identifiable people, is used only to carry out the Commission, for the purposes set out in section 12, and to meet legal obligations such as accounting records.
  3. The Work is held in secure storage with restricted access, and kept for the period set out in 8.5 or longer, unless a person shown in the Work asks for its deletion and Simon Bailey Studios is not required to keep it.
  4. Images of private homes and of the people in them are treated as confidential. They are shared with third parties only where this is needed to deliver the Commission, such as hosting providers and print suppliers.
  5. Requests relating to personal data can be made to hello@simonbstudios.com.

15. Liability, Indemnity, and Insurance

  1. The total liability of Simon Bailey Studios for any claim arising from a Commission is limited to the fee paid for that Commission.
  2. Simon Bailey Studios is not liable for any indirect or consequential loss, including loss of profit, business, or opportunity.
  3. If any part of the Work is lost or cannot be delivered because of equipment failure or file corruption, the liability of Simon Bailey Studios is limited to re-photographing the affected part where practical, or refunding the fee for that part.
  4. Nothing in these terms limits liability for death or personal injury caused by negligence, or for fraud.
  5. The Client indemnifies Simon Bailey Studios against any claims, losses, and costs arising from use of the Work outside the licence, or from a failure to obtain the permissions and consents set out in section 6.
  6. Simon Bailey Studios holds public liability insurance. Details are available on request.

16. Complaints and Disputes

  1. Any complaint about the Work must be raised in writing within 14 days of delivery.
  2. Simon Bailey Studios responds to a complaint within 10 working days. Where the complaint is upheld, the remedy may be a re-edit, a re-shoot, or a partial refund, at the discretion of Simon Bailey Studios.
  3. Both parties try to resolve any dispute by negotiation before taking legal action.
  4. These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

17. General

  1. Simon Bailey Studios may update these terms from time to time. The terms in force at the date of the Booking Confirmation apply to the Commission.
  2. These terms, the Booking Confirmation, and any addendum or licence agreement form the entire agreement between the parties and replace any earlier discussions.
  3. Changes to a Commission are agreed in writing. Email is sufficient.
  4. If any clause is found to be invalid, the remaining clauses stay in force.
  5. A failure or delay in enforcing any term does not waive the right to enforce it later.
  6. No one other than the parties has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.