Terms of Business
These Terms of Business apply to photography and related creative services provided by Steve Kraitt Photography (“the Photographer”).
By commissioning the Photographer, the person, company, agency or organisation making the booking (“the Client”) agrees to these terms unless otherwise agreed in writing.
Where a separate quotation, estimate, Client Services Agreement, Job Description or other written agreement has been issued for a particular commission, its specific terms form part of the agreement and will take precedence over these general Terms of Business in the event of any conflict.
SERVICES & JOB DESCRIPTION
The Photographer will provide the photography and related services described in the agreed quotation, estimate, proposal, Job Description or Client Services Agreement.
The scope of the commission may include photography, creative direction, production, post-production, retouching, video or other agreed services.
Any material change to the agreed scope may result in additional fees, expenses or delivery time. These will be agreed with the Client where reasonably practicable before additional costs are incurred.
ESTIMATES & EXPENSES
Unless otherwise stated, estimates are based on the information and requirements supplied by the Client at the time they are prepared.
Additional costs arising from changes to the brief, production requirements, locations, travel, equipment, crew, models, styling, hair and makeup, props, couriers, accommodation or other third-party services may be charged in addition to the Photographer's fee.
Where third-party costs are estimated in advance, the final amount charged may reflect the actual cost incurred.
BOOKING & PAYMENT
Unless otherwise agreed in writing, a booking fee equal to 50% of the agreed photography fee is required to confirm the commission and secure the shoot date. The booking fee is non-refundable.
The remaining balance, together with agreed expenses due at that stage, is payable no later than 7 days before the shoot date, unless different payment terms have been agreed in writing for the commission.
Additional expenses or services incurred during or following the commission will be invoiced separately where necessary.
Overdue payments may incur a £40 administrative fee per calendar month together with statutory interest at 8% above the Bank of England base rate, where applicable.
CANCELLATION & POSTPONEMENT
If the Client cancels a confirmed commission more than 48 hours before the agreed shoot time, 50% of the quoted photography fee, together with any expenses already incurred, will remain payable.
If the Client cancels within 48 hours of the agreed shoot time, 100% of the quoted photography fee, together with any expenses already incurred, will remain payable.
If a shoot is postponed rather than cancelled, the Photographer will make reasonable efforts to accommodate a new date. Costs already incurred or resulting from the postponement may remain payable.
Where a shoot cannot reasonably proceed because of adverse weather or circumstances outside either party's reasonable control, the parties will endeavour to reschedule where practicable. Non-refundable expenses already incurred will remain payable.
CLIENT & AGENCY
Where the Photographer is commissioned through an advertising, design, production, PR or other agency acting on behalf of another organisation, the agency commissioning the Photographer will be treated as the Client unless otherwise agreed in writing.
The Client is responsible for ensuring that the agreed Job Description, usage requirements and other relevant instructions accurately reflect the requirements of any ultimate client or other party for whom the work is being commissioned.
COPYRIGHT
Copyright in all photographs and other copyright works created by the Photographer remains with the Photographer unless an assignment of copyright has been expressly agreed in writing.
The granting of any licence or usage rights is conditional upon payment in full of all amounts due in connection with the commission.
No rights are granted other than those expressly agreed.
LICENCE & USAGE
The Client is granted the usage rights specified in the relevant quotation, estimate, Job Description, Client Services Agreement or other written agreement.
Usage may be defined by factors including media, territory, duration, purpose, publication, campaign or end client.
Any use outside the agreed licence requires the Photographer's prior written permission and may be subject to an additional licence fee.
The Client may not sell, sublicense or transfer the images or associated usage rights to another party except where expressly permitted by the agreed licence.
Where no specific usage terms have been agreed, the Client should obtain written confirmation of the permitted use from the Photographer before publication.
THIRD-PARTY USE
Images must not be supplied to third parties for their independent commercial use unless that use falls within the licence agreed for the commission or has subsequently been authorised by the Photographer in writing.
Additional third-party usage may be licensed separately.
POST-PRODUCTION
The Photographer retains creative control over the selection, processing, colour treatment and finishing of the images unless otherwise agreed.
Standard post-production or retouching will be provided as specified in the commission. Additional retouching, compositing, manipulation, revisions or other post-production requested outside the agreed scope may incur additional charges and affect delivery times.
Unless specifically agreed, unfinished files, working files and RAW image files are not included in the deliverables.
HUMAN-MADE IMAGERY & AI
The Photographer may use artificial intelligence-assisted tools as part of the production or post-production workflow where appropriate. Such tools are used under the Photographer's creative direction and do not replace the Photographer's authorship, judgement or creative control.
The Photographer will not knowingly use commissioned images to train or prompt generative AI systems for the purpose of creating derivative works for unrelated clients without appropriate permission.
The Client must not use the Photographer's images to train or prompt an artificial intelligence system for the purpose of creating derivative works unless expressly agreed in writing. Any such use may require separate licensing.
CLIENT RESPONSIBILITIES
The Client is responsible for providing accurate information, briefs, products, artwork and other materials reasonably required to complete the commission.
Unless otherwise agreed, the Client is responsible for obtaining necessary permissions or releases relating to locations, property, trademarks, designs, artwork, products or other material supplied or arranged by the Client.
Where models or other third parties are commissioned as part of the production, usage remains subject to any applicable releases, agency terms or other restrictions.
PHOTOGRAPHER'S USE OF THE WORK
Unless confidentiality, embargo or other restrictions have been agreed in writing, the Photographer may use work created during a commission for the Photographer's portfolio, website, social media, credentials, awards, exhibitions, editorial coverage and promotion of the Photographer's services.
Where a commission is confidential or subject to an embargo, the Client should notify the Photographer in writing before the shoot or publication.
CREDIT
Where reasonably appropriate in editorial, publicity or other credited contexts, the Client is requested to credit the work to Steve Kraitt or Steve Kraitt Photography.
Failure to provide a credit does not of itself invalidate an otherwise authorised use unless a credit requirement has been specifically agreed as part of the licence.
RESTRICTIONS
The images must not be used outside the agreed licence or in any unlawful, defamatory, discriminatory or deliberately misleading context.
The Client must not materially alter the images in a way that misrepresents the Photographer's work or could reasonably damage the reputation of the Photographer or a person depicted, except where such alteration has been agreed or forms part of the intended commissioned use.
DELIVERY, STORAGE & ARCHIVING
The Photographer will use reasonable efforts to deliver the agreed work within the anticipated schedule.
The Photographer will take reasonable care in storing and safeguarding files but does not guarantee indefinite archival storage after delivery. Clients should maintain appropriate copies of delivered files.
Requests to retrieve or reproduce archived material at a later date may incur an administrative or production charge.
LIABILITY
The Photographer will take reasonable care in performing the agreed services.
To the extent permitted by law, the Photographer's liability for loss or damage arising directly from a commission will be limited to the total fees paid by the Client for that commission.
The Photographer will not be liable for indirect or consequential losses that could not reasonably have been anticipated when the commission was agreed.
Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited.
THIRD-PARTY SUPPLIERS
Where assistants, models, studios, stylists, retouchers, equipment suppliers, locations or other third parties are engaged in connection with a commission, their services may be subject to their own terms, cancellation provisions and usage restrictions.
The Photographer is not responsible for the independent acts or omissions of third-party suppliers except to the extent required by law.
ASSIGNMENT & SEVERABILITY
Neither party may transfer its material obligations under the agreement without the other party's written consent, except where reasonably necessary for the Photographer to engage assistants, production partners or other suppliers in delivering the commission.
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
WAIVER
A failure or delay by either party in exercising any right under these terms does not constitute a waiver of that right.
GOVERNING LAW
These Terms of Business and any agreement between the Photographer and the Client are governed by the laws of England and Wales, and the courts of England and Wales will have jurisdiction, subject to any mandatory legal rights that apply.
Last updated: 18 September 2026