Terms and Conditions of Business
Onur Pinar Photography
1. When these terms apply
1.1 These Terms and Conditions (“Terms”) apply to every photography commission, shoot, production, or other creative service (“Assignment”) undertaken by Onur Pinar Photography (“the Photographer”) for a client (“the Client”).
1.2 These Terms also apply to any licence granted for the use of images or other material created under an Assignment, including any extension, renewal, or additional use.
1.3 These Terms apply together with the Estimate, quotation, booking confirmation, invoice, or other written agreement issued by the Photographer.
1.4 If there is a conflict between these Terms and any terms contained in a Client purchase order, booking form, brief, or other document, these Terms will prevail unless the Photographer has expressly agreed otherwise in writing.
2. Definitions
In these Terms:
Photographer means Onur Pinar trading as Onur Pinar Photography.
Client means the person, company, or organisation commissioning the Assignment, including any affiliate, agent, successor, or permitted licensee.
Advertiser means the Client’s end client, where the work is created for a third party.
Assignment means the commission of the Photographer to create photographic, video, or other visual material.
Estimate means any written quotation, proposal, estimate, email, or booking confirmation setting out the fees, expenses, deliverables, shoot details, and usage terms.
Fee means the Photographer’s creative, production, and/or licensing fee stated in the Estimate.
Expenses means production costs, third-party costs, travel, accommodation, studio, equipment, crew, retouching, and other costs identified in the Estimate or reasonably incurred in delivering the Assignment.
Material means all photographs, video, outtakes, raw files, edited files, selects, and other material created or captured during the Assignment.
Licensed Images means the final selected images or footage licensed for use, as specified in the Estimate.
Usage Licence means the permission to use the Licensed Images, limited to the media, territory, duration, and purpose stated in the Estimate.
Shoot Duration means the agreed number of shoot days, including any agreed preparation, travel, recce, testing, or shoot time.
Working Day means any day other than a Saturday, Sunday, or public holiday in England and Wales.
B.U.R. means Base Usage Rate, being the benchmark fee used to calculate additional or extended usage.
3. Estimates and scope
3.1 Estimates are prepared based on the information provided by the Client. If the brief, deliverables, schedule, location, usage requirements, or other material details change, the Fee and Expenses may change.
3.2 The Estimate will set out, where applicable:
The Fee and Expenses.
The number of final Licensed Images.
The permitted media, channels, territories, and duration of use.
Any retouching, formats, resolutions, or delivery requirements.
Any third-party costs, crew, studio, equipment, or production requirements.
3.3 It is the Client’s responsibility to ensure that the Estimate covers all intended uses, including website, social media, advertising, print, packaging, internal use, and any future campaign requirements.
3.4 Confirmation of a shoot date, payment of a deposit, issue of a purchase order, or written approval of the Estimate constitutes acceptance of these Terms and the Estimate, unless otherwise agreed in writing.
3.5 Where no B.U.R. is specified, the B.U.R. will be equal to the Photographer’s daily shoot fee stated in the Estimate.
4. Shoot days and creative direction
4.1 Shoot dates will be agreed in advance and confirmed in writing.
4.2 The Photographer will follow reasonable directions from the Client during the Assignment, provided those directions are consistent with the agreed brief, schedule, budget, and applicable law.
4.3 If the Client is not present during the shoot, the Photographer’s reasonable interpretation of the approved brief will be treated as approved by the Client.
4.4 The Photographer reserves the right to make reasonable creative and technical decisions necessary to deliver the Assignment safely and effectively.
5. Hours and overtime
5.1 Unless otherwise agreed in writing, a standard shoot day is up to 9 hours, including a reasonable lunch break, between 9:00am and 6:00pm on a Working Day.
5.2 Time outside these hours, including early calls, late finishes, weekend work, overnight work, or work on public holidays, may be charged as overtime or antisocial-hours fees.
5.3 Third-party suppliers, including assistants, stylists, hair and makeup artists, studios, equipment suppliers, and crew, may charge overtime or cancellation fees under their own terms. These charges may be passed on to the Client.
6. Cancellation and postponement
6.1 If a confirmed Assignment is cancelled or postponed by the Client for any reason, cancellation fees will apply as follows.
For Assignments of two days or fewer:
Notice givenCancellation chargeLess than 3 Working Days100% of the Fee plus all committed Expenses3 to 6 Working Days75% of the Fee plus all committed ExpensesMore than 6 Working Days50% of the Fee plus all committed Expenses
For Assignments longer than two days:
Notice givenCancellation chargeEqual to or less than the Shoot Duration100% of the Fee plus all committed ExpensesMore than the Shoot Duration, but no more than double the Shoot Duration75% of the Fee plus all committed ExpensesMore than double the Shoot Duration25% of the Fee plus all committed Expenses
6.2 Expenses include costs already committed or incurred, including crew, studio, equipment, travel, accommodation, talent, location, catering, and third-party supplier costs.
6.3 If an Assignment is postponed rather than cancelled, the Photographer may transfer the Fee and Expenses to a new date, subject to availability and any additional costs arising from the postponement.
6.4 If the Assignment cannot proceed because of weather, unsuitable light, illness, safety concerns, government restrictions, or other circumstances beyond the Photographer’s reasonable control, cancellation or postponement charges may still apply.
7. Delivery and approval
7.1 Following the shoot, the Photographer will provide the Client with Material for selection within a reasonable time and in the agreed format.
7.2 Post-production, retouching, editing, colour grading, and delivery of final files will be completed as soon as reasonably possible, subject to the agreed schedule and the Photographer’s workload.
7.3 Urgent or expedited delivery is not guaranteed unless expressly agreed in writing and may attract an additional fee.
7.4 The Client may not reject Material solely on the basis of subjective stylistic or compositional preferences, provided the Photographer has delivered Material consistent with the agreed brief and reasonable professional standards.
7.5 Once final Licensed Images have been approved and delivered, further changes, additional retouching, additional crops, new formats, or additional selections may be charged separately.
8. Storage, copies, and supply of Material
8.1 The Client is responsible for safely storing an exact copy of all Material supplied for the duration of the Usage Licence.
8.2 The Photographer does not undertake to archive Material after delivery unless archive storage has been expressly agreed in writing.
8.3 The Client may not store, share, transmit, upload, or provide Material to any third party, including the Advertiser, branch offices, agencies, or suppliers, except as necessary for the agreed Usage Licence.
8.4 When Licensed Images are published, the Client must provide the Photographer with a high-resolution digital file, PDF, tearsheet, screenshot, or good-quality hard copy of the published use, free of charge, where reasonably practicable.
9. Image use, copyright, and licensing
9.1 The Photographer retains copyright and all related intellectual-property rights in the Material at all times.
9.2 The Client is responsible for ensuring that the Advertiser understands and complies with the scope and limits of the Usage Licence.
9.3 Usage rights are granted only once all relevant Fees and Expenses have been paid in full. No use of Licensed Images is permitted before payment unless the Photographer has agreed otherwise in writing.
9.4 Unless otherwise agreed in writing, the Usage Licence period begins on the earlier of:
The date of first permitted use; or
Six months after the shoot date.
9.5 Licensed Images must be used as supplied. Cropping, editing, compositing, adding text, applying filters, altering colours, or using part of an image requires the Photographer’s prior written approval, except where reasonably necessary for technical adaptation or resizing.
9.6 The Client may sub-license Licensed Images only to the named Advertiser and only within the agreed licence terms.
9.7 Licensed Images may not be used for additional products, services, campaigns, territories, media, or time periods outside the agreed Usage Licence.
9.8 The Photographer may revoke the Usage Licence if invoices remain unpaid beyond the agreed payment terms or if the Client or Advertiser becomes insolvent, enters administration, liquidation, bankruptcy, or any equivalent insolvency process.
10. Extended or additional use
10.1 Fees are based on the usage terms stated in the Estimate. Any additional or extended use requires a new agreement and additional fee.
10.2 Estimates for extended or additional usage are valid for three months unless otherwise stated.
10.3 Extended-usage estimates do not include clearance of third-party rights, including model, property, music, trademark, design, or other intellectual-property rights. Obtaining those rights is the Client’s responsibility unless expressly agreed otherwise.
10.4 The Advertiser must request extended or additional licences directly through the Client or Photographer.
10.5 Any unapproved additional use will be charged at the Photographer’s standard rates and may result in retrospective licensing fees.
11. Exclusivity
11.1 Unless otherwise agreed in writing, all Usage Licences are exclusive to the Client and the named Advertiser during the licence period.
11.2 The Photographer will not license the same Material to a third party until the later of:
Two years after the shoot date; or
The end of the agreed Usage Licence period.
11.3 After exclusivity ends, the Photographer may license or otherwise use the Material at their discretion.
11.4 The Photographer always retains the right to use Material, including unpublished work, for self-promotion, portfolio, awards, exhibitions, pitches, social media, and editorial purposes, provided that the Client’s consent is not unreasonably withheld for unpublished or confidential work.
12. Third-party rights
12.1 Third-party suppliers, including models, stylists, hair and makeup artists, set builders, locations, and equipment suppliers, work under their own terms and conditions, which can be made available on request.
12.2 Model fees quoted in an Estimate cover time only unless usage rights are expressly included.
12.3 The Client is responsible for obtaining and paying for any required model releases, property releases, location permissions, music licences, trademark clearances, or other third-party rights, unless expressly agreed otherwise in writing.
12.4 Items created for the Assignment remain the property of their maker unless otherwise agreed.
12.5 The Photographer is not responsible for clearing copyright, trademarks, designs, patents, or other intellectual-property rights unless this has been expressly agreed in writing before the shoot.
13. Credits
13.1 For editorial use, and where stated in the Estimate, the Photographer must be credited as “Photograph: Onur Pinar” or in another reasonable form agreed in writing.
13.2 The credit must appear in reasonable proximity to the published image.
14. Payment
14.1 All production costs, Expenses, and third-party costs must be paid in advance unless otherwise agreed in writing. Such invoices are due on presentation.
14.2 Unless otherwise agreed in writing, all other invoices must be paid within 30 days of the invoice date.
14.3 Late payment may attract interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998. Statutory interest is calculated at 8% above the Bank of England base rate.
14.4 If there is a delay of one month or more between pre-production work and the shoot, the Photographer may invoice for pre-production fees and any Expenses already incurred.
14.5 Usage Licence fees and third-party costs negotiated by the Photographer remain payable whether or not the Licensed Images are ultimately used.
14.6 All payments must be made in pounds sterling unless otherwise agreed in writing.
15. Expenses
15.1 All Expense figures included in an Estimate are estimates only. The Client should allow a contingency of at least 10% unless a fixed budget has been expressly agreed.
15.2 Onur Pinar Photography is not VAT registered. No VAT is charged.
15.3 The Photographer will aim to work within the agreed budget but may adjust costs where reasonably necessary to deliver the brief safely and effectively.
15.4 Additional Expenses or time required because of changes to the brief, Client requests, delays, reshoots, or circumstances outside the Photographer’s control will be charged at standard rates.
16. Return of Material
16.1 All hard-copy Material, including prints, props, film, or physical media, must be returned to the Photographer in the same condition in which it was supplied, by the requested method, at the Client’s cost and risk.
16.2 While Material is in the Client’s possession, the Client is fully responsible for its safekeeping and must indemnify the Photographer for any loss, damage, theft, or misuse.
17. Indemnity
17.1 The Client indemnifies the Photographer against all claims, expenses, losses, damages, and legal costs arising in connection with:
The use of the Material by the Client, Advertiser, or any third party.
Claims relating to model, property, location, music, trademark, or other third-party releases.
Any claim that the Material or its use infringes intellectual-property or other rights.
Any other claim connected with the Assignment.
18. Liability
18.1 Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or any liability that cannot lawfully be excluded.
18.2 Subject to clause 18.1, the Photographer is not liable for any indirect, consequential, financial, or business loss, including loss of profit, revenue, goodwill, or anticipated savings.
18.3 Subject to clause 18.1, the Photographer’s total liability under these Terms will not exceed the total Fees paid by the Client under the relevant Assignment.
18.4 The Photographer is not responsible for loss or damage caused by:
Late delivery of Material, unless a delivery deadline was expressly agreed in writing.
Equipment failure, data corruption, processing errors, or file loss, provided the Photographer has taken reasonable professional precautions.
Acts of God, fire, flood, strike, illness, government restrictions, or other circumstances beyond the Photographer’s reasonable control.
19. Confidentiality
19.1 Both parties will keep confidential all sensitive business, commercial, creative, and personal information disclosed during the Assignment.
19.2 This obligation continues after the Agreement ends.
20. Ending the Agreement
20.1 Either party may terminate this Agreement immediately if the other party:
Enters liquidation, bankruptcy, administration, or any equivalent insolvency process; or
Commits a material breach of these Terms and fails to remedy it within 14 days of written notice.
20.2 Termination does not affect accrued rights or obligations, including payment of Fees and Expenses, or the Photographer’s ownership of copyright in the Material.
21. Disputes and governing law
21.1 These Terms are governed by the laws of England and Wales.
21.2 Any dispute arising in connection with these Terms or an Assignment will be subject to the exclusive jurisdiction of the courts of England and Wales.
22. General
22.1 These Terms, together with the Estimate and any written agreement, constitute the entire understanding between the Client and the Photographer.
22.2 Any amendment must be agreed in writing and signed or approved by both parties.
22.3 If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force.
23. Artificial intelligence
23.1 No rights are granted other than those expressly specified in the Usage Licence.
23.2 The Client and Advertiser have no right to reproduce, adapt, upload, submit, or otherwise use the Licensed Images or Material to train, fine-tune, prompt, or develop machine-learning, generative-AI, or other artificial-intelligence technologies capable of generating imagery or other output, including technologies capable of generating work in a similar style or genre.
23.3 The Client and Advertiser may not sub-license any third party to use the Licensed Images or Material for AI training, fine-tuning, or generative-AI purposes without the Photographer’s specific prior written permission.
23.4 Any breach of this clause may result in revocation of the Usage Licence and additional licensing fees.
Onur Pinar Photography
London, United Kingdom