| Terms and Conditions Neil Kenyon Photography | neilkenyonphotography.com | neil@njkcreative.com Last updated: October 2026 These terms apply to all photography commissions undertaken by Neil Kenyon (“the Photographer”) for architectural, interior design, design-and-build, contracting, sub-contracting, hospitality, residential and corporate clients (“the Client”). They form part of every estimate, commission and invoice, and take priority over any conflicting terms in a Client’s purchase order or other documents. By confirming a booking, paying a deposit or accepting an estimate, the Client agrees to these terms. 1. Definitions – Imagery: all photographic material supplied by the Photographer, in any format, including still and moving image. – Fees: the Photographer’s fees as set out in the estimate and invoice. – Expenses: any costs necessary to produce the Imagery other than Fees (travel, assistants, equipment hire, props, access, etc.). – Estimate: the document setting out the proposed Fees, Expenses and Licence. – Licence: the permission to use the Imagery, as set out in section 4. – Shoot: the confirmed shoot day(s), whether undertaken as a whole or in parts. – Primary Commissioner: the party who commissions and is invoiced for the Shoot. – Participant: any additional party that shares the cost of a commission under section 6. 2. Copyright and ownership 2.1 Copyright in all Imagery remains with the Photographer at all times, worldwide. Nothing in these terms assigns or transfers copyright or any other intellectual property right to the Client or any third party. 2.2 The Client receives only the Licence in section 4. All rights not expressly licensed in writing are reserved. 2.3 The Photographer asserts his moral right to be identified as author of the Imagery under sections 77–79 of the Copyright, Designs and Patents Act 1988. 3. Booking, briefs and the shoot 3.1 A booking is confirmed when the Client accepts the Estimate in writing (email is sufficient) and, where requested, pays the deposit. 3.2 The Photographer may require a 50% deposit before a Shoot is confirmed and scheduled. 3.3 The Client should provide a clear written brief and shot list well before the Shoot. Where no brief is supplied, the Photographer’s interpretation of the commission applies. 3.4 The Client is responsible for ensuring the site is clean, prepared and accessible. Arranging props and furniture is expected; cleaning or preparing a site beyond that will be charged. 3.5 The Client, or a representative, should ideally attend to give access and discuss requirements. Any brief should be agreed in writing, not by phone alone. 3.6 Each Shoot is unique and the number of captures will vary. The Photographer’s working method (blended ambient exposures, with discreet strobe lighting where needed) is part of the creative process. 4. Image licence and usage 4.1 Licence starts on payment. The Licence only takes effect once the relevant invoice(s) have been paid in full. No use of the Imagery may be made before then without the Photographer’s written permission. Any early-use permission is automatically withdrawn if payment is not made by the due date. 4.2 What the standard Licence covers. Unless the Estimate says otherwise, once paid in full the Client receives a worldwide, non-exclusive Licence to use the final retouched images for the Client’s own marketing and promotion, including: the Client’s website and social media channels PR and press activity, including supplying images to journalists and editors for digital publication, and for print publication in trade and professional titles (credit required, see section 13) digital and printed marketing collateral (brochures, proposals, etc.) awards and competition entries exhibitions and presentations not-for-profit monographs digital editorial use online 4.3 Licence period. The Licence runs for the period stated in the Estimate. Where none is stated, the Licence runs in perpetuity from the date of full payment. 4.4 Exclusions: The following are not included and require a separate written licence and fee: print publication in consumer, lifestyle and interiors magazines, and any publication for which the title pays a photography or contributor fee paid advertising campaigns (print, digital or broadcast) book publications, other than architect and designer studio monographs packaging, product marketing and manufacturer promotion copyright buy-out or exclusivity 4.5 No transfer or sharing. The Licence is personal to the Client. Images must not be shared with, passed to or used by any other company, practice or individual, or sub-licensed, except as set out in sections 6 and 7. 4.6 Alterations. Images must be used as supplied. Reasonable cropping and resizing for layout is permitted. Any other significant alteration, compositing or manipulation requires the Photographer’s prior approval. 4.7 Unlicensed use. Use outside the Licence is an infringement of copyright. The Photographer may charge a further usage fee of up to 100% of the applicable licence fee, in addition to any other remedy available in law. 4.8 Photographer’s use. The Photographer may use all Imagery to promote his work, including portfolio, website, social media, awards, exhibitions, print and editorial. Where a Client requires an embargo, this must be agreed in writing before the Shoot. 4.9 Contact sheets. Low-resolution watermarked previews may be supplied for image selection. They may not be published, used commercially or used for promotion. 5. Post-production and delivery 5.1 Each Shoot includes a set number of fully retouched images, stated in the Estimate. Colour correction, raw conversion and standard retouching are included. 5.2 Additional images, and any extensive retouching beyond the norm, are charged at the rates quoted. 5.3 Only fully retouched images are released for publication and commercial use. RAW files are not supplied. 5.4 Turnaround times vary with complexity and will be agreed after the Shoot. 5.5 The Photographer is not obliged to keep or archive images after delivery. Safe storage of delivered files is the Client’s responsibility. 6. Shared commissions (shoot-sharing) 6.1 Images may be shared with other parties only through (a) participation in the commission, or (b) a separate licence issued by the Photographer after the Shoot. 6.2 The Primary Commissioner decides who participates, but the Photographer may decline any Participant. All Participants, with contact details, must be confirmed in writing before the Shoot. 6.3 The Primary Commissioner remains responsible for creative direction and organisation, and is the Photographer’s point of contact. 6.4 A fee of 30% of the total invoice is added for each additional Participant. The Primary Commissioner is invoiced in full, including these fees, and may recover them from Participants unless otherwise agreed. 6.5 Unless otherwise agreed, Participants have the same usage terms as the Primary Commissioner. Any embargoes or restrictions on Participants must be agreed before the Shoot. 6.6 Participants requiring extra images pay the additional per-image fee, invoiced directly. 6.7 Participants cannot be added after the Shoot. Parties wanting images later must take a separate licence under section 7. 7. Licensing images to third parties after the shoot 7.1 As copyright holder, the Photographer may license images to third parties after the Shoot, such as suppliers, contractors and product manufacturers involved in the project. 7.2 The Photographer will take reasonable care to avoid conflicts with the commissioning Client and the Client’s own clients (homeowner, building owner, tenant, etc.), and will consider any agreed embargo or media strategy before supplying images. 7.3 Third parties not part of the original commission have no right to shared-commission rates. Their licence is individually priced according to usage, duration, territory and reach at £250 + VAT per image. 8. Fees, payment and late payment 8.1 Estimates are based on the information supplied and valid for 30 days. Estimates are for fees and expenses and exclude VAT unless stated. Changes to the brief or shot list may change the Estimate. 8.2 Invoices are payable within 14 days of the invoice date unless the invoice states otherwise. Expenses may be invoiced in advance and are payable on demand. 8.3 Late payment. Overdue invoices incur statutory interest at 8% above the Bank of England base rate, plus fixed compensation and reasonable recovery costs, under the Late Payment of Commercial Debts (Interest) Act 1998. 8.4 The Licence is not effective, and may be treated as withdrawn, while any invoice remains unpaid (see 4.1). The Photographer may require the removal of Imagery used before payment, and may pause any other work for the Client until accounts are settled. 8.5 Fees for a Licence are payable whether or not the Client ends up using the Imagery. 8.6 Pre-production work that begins more than two months before the Shoot may be invoiced separately and is payable when invoiced. 8.7 The Client is responsible for the Photographer’s reasonable costs of recovering unpaid sums, including debt recovery fees and legal costs, to the extent permitted by law. 9. Cancellation, postponement and weather 9.1 The Client pays all Expenses already incurred up to the point of cancellation. 9.2 If a confirmed Shoot is cancelled or postponed at short notice, the following apply to the Fee: Notice given Cancellation fee More than 3 working days – No fee (expenses incurred still payable) Within 3 working days – 50% of the photography fee Within 1 working day – 100% of the photography fee 9.3 The Photographer may agree to reschedule at short notice, for example for poor weather on an exterior shoot or late-arriving products. Reshoots needed because the site, products or access were not ready may be charged. 10. Acceptance of results 10.1 Where no Client representative is present at the Shoot, the Photographer’s interpretation of the brief, composition, styling and technique is final and cannot be a reason to reject the work. 10.2 Where a representative works with the Photographer on the day, the resulting work is also final. 10.3 Client requests for extra shots or changes after the Shoot may be charged and may change the Estimate. 11. Property, models and clearances 11.1 By commissioning the Shoot, the Client confirms they have all necessary permissions from the property owner, occupants and any third parties for the photography and for the licensed use. 11.2 The Client is responsible for obtaining property, model, trademark, design and other third-party clearances, and indemnifies the Photographer against any claim, loss or cost (including legal costs) arising from a failure to do so. 11.3 Confidentiality: if the Client needs a non-disclosure agreement, it is the Client’s responsibility to arrange it before the Shoot. 12. AI, machine learning and synthetic media 12.1 No Licence is granted for the use of Imagery in, or in connection with: AI or machine-learning training, dataset creation, generative AI, image synthesis, computer-vision systems, or any automated analytical or generative process. 12.2 Imagery must not be scraped, ingested, analysed or incorporated into any AI or machine-learning system without the Photographer’s prior written permission. This applies whether the purpose is commercial, internal, experimental or research. 12.3 Imagery must not be altered, extended or AI-generated from without prior written permission, other than reasonable cropping and resizing. 13. Credit 13.1 The Photographer must be credited in all editorial use, online and in print, and wherever else the Estimate specifies. 13.2 On social media, credit means naming “Neil Kenyon Photography” and tagging @Neil_k. 13.3 Failure to credit where required is a breach of these terms and of the Photographer’s moral rights, and may incur an additional fee of up to 100% of the applicable licence fee. 14. Liability 14.1 The Photographer’s total liability in connection with any commission is limited to the Fees paid for that commission. 14.2 The Photographer is not liable for loss of profit, business, contracts or revenue, or for any indirect or consequential loss. 14.3 Nothing in these terms limits liability that cannot lawfully be limited, such as for death or personal injury caused by negligence, or for fraud. 14.4 If the Photographer is unable to complete a Shoot due to illness, accident or events outside his control, he will offer a replacement date or refund fees paid for work not delivered, and will not be liable for any further loss. 15. General 15.1 Entire agreement. These terms, together with the Estimate and any written agreement, are the whole agreement between the parties. 15.2 Variation. These terms may only be varied in writing signed or confirmed by both parties. 15.3 Severance. If any provision is found unenforceable, the rest remains in force. 15.4 Governing law. These terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction. 15.5 Version. The version of these terms in force on the date the Estimate is accepted applies to that commission. |
