1) Definitions:
It is mutually agreed that the following terms and conditions form an integral part of this agreement/invoice, and that no variation or modification of this agreement shall be valid unless accepted in writing by the Photographer.
The Photographer refers to the lead photographer Sarah Cresswell under the website name "Modern Headshots".
2)Agreement and acceptance of terms:
All agreements and transactions between the Photographer and any client are governed by these terms and conditions. By engaging the Photographer for a photography session and selecting images for use, the client agrees to be bound by these terms and conditions from that point forward.
3) Display and Copyright — Image Usage Fee & Licensing Terms
PERMITTED USES :
a) Individual Headshots or Team Headshot Sessions use our Standard Headshot License Terms:
You are welcome to use your headshots for 5 years in these media:
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Your business or company website profile pictures.
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Company social media accounts
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PR features, team announcements, and marketing materials related to you or your team
Note: Your license covers use of the images strictly as personal or professional headshots or profile photos.This applies to both individual and team headshot bookings. *Please see below for restrictions.
Please keep the images true to the original style. Standard cropping or colour correction is absolutely fine, but major edits, filters, manipulation, or resale are not permitted without written permission.For press releases, we kindly ask that you request a photo credit for the Photographer or Modern Headshots.co.uk
b) Bespoke Portrait Sessions use our Standard Head Shot License terms (and a little more social media use):
You are welcome to use your Bespoke headshots for 5 years in these media:
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Your business or company website profile / "about" sections.
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Company social media accounts
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PR features, team announcements, and marketing materials related specifically to you or your team
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Portrait Sessions that are aligned to your brand can be used for normal posts, stories, reels.
Note: Your license covers use of the images strictly as personal or professional headshots or profile photos.*Please see below for restrictions.
Please keep the images true to the original style. Standard cropping or colour correction is absolutely fine, but major edits, filters, manipulation, or resale are not permitted without written permission.For press releases, we kindly ask that you request a photo credit for the Photographer or Modern Headshots.co.uk
c) Actors Headshots Image License terms:
You are welcome to use your Acting Headshots for 5 years in these media:
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Your acting website profile or "about" sections.
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Social media accounts in relation to your acting.
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PR features about your work, team announcements, and marketing materials related specifically to you as an actor.
Note: Your license covers use of the images strictly as personal or professional headshots or profile photos.*Please see below for restrictions.
Please keep the images true to the original style. Standard cropping or colour correction is absolutely fine, but major edits, filters, manipulation, or resale are not permitted without written permission.For press releases, we kindly ask that you request a photo credit for the Photographer or Modern Headshots.co.uk
d) Dating Profile Pictures Image License terms:
Your dating profile images come with a 5 year personal licence covering the following uses:
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Dating platforms and apps
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Personal social media accounts (not business pages or profiles)
Note: Your licence is strictly for personal use only and does not cover any business or commercial purpose. If you require a professional headshot for business use, please book an Individual Business Headshot session. *Please see below for restrictions.
Please keep the images true to the original style. Standard cropping or colour correction is absolutely fine, but major edits, filters, manipulation, or resale are not permitted without written permission.For press releases, we kindly ask that you request a photo credit for the Photographer or Modern Headshots.co.uk
*RESTRICTIONS OR NON PERMITTED USES:
Primary Business Website Content Use:
Using the images to form the primary visual content of a business website falls outside the standard licence. This use is available upon request and subject to a separate commercial licence fee. Often clients would like to create a body of work forming the main bulk for their business website content. This is a specific form of image usage, and we will quote for this as yearly fee added onto the original shoot cost.
Wider Commercial and Advertising Use:
Commercial and advertising usage is not permitted, unless negotiated as a separate fee.
This means like to use your images for specific advertising purposes, paid adverts on social, website advertising banners, promotional campaigns, product packaging, or more, this falls under commercial use. This is simply because these images directly support revenue-generating brand activity.
License Extensions & Future Usage:
If you’d like to extend your license, explore new applications, or renew licensing after the time period has elapsed please contact Modern Headshots.co.uk and we’ll guide you through the next steps.
Copyright:
Under the Copyright, Designs and Patents Act 1988, copyright is retained by the Photographer as the creator of the work.
The photographer retains full copyright of all images. Clients are granted a non-exclusive, non-transferable worldwide licence to use the images within the usage terms set out above.
The Photographer reserves the right to use any images for promotional purposes across all media unless the Client provides written objection in advance.
Agreement:
By paying your invoice, your business agrees to the image usage terms written on the invoice for the selected images delivered.
4) Payment, Rescheduling and Costs:
Cancellation:
Cancellation fee is 50 % within 48 hours of photoshoot, and 100% within 24 hours of photoshoot. In the case of illness, the notice requirement will be waived.
Rescheduling and Weather Policy
The Photographer reserves the right to reschedule a session in the event of illness, emergency, or other unforeseen circumstances. The Client is also entitled to reschedule under similar conditions, provided reasonable notice is given.
For outdoor sessions, the Photographer reserves the right to postpone or reschedule due to adverse weather conditions. If, in the Photographer’s professional judgment, the weather renders the shoot impractical or unfeasible, the session will be rescheduled at no additional cost to the Client.
Please note: Due to the unpredictable nature of weather and outdoor environments, it may not be possible to capture all requested images or achieve specific lighting or conditions.
Payment:
Payment is made by the client on receipt of the invoice within 14 days.
All our fee's are subject to VAT @20%
Fee's :
A description of what each fee includes is quoted in the service section. All services and/or goods are supplied at the current prices ruling at the time of supply and are subject to change without prior notice.
Additional Costs:
Extra Costs relating to Travel and external equipment hires:
Photographer travel by car is included at no additional cost for locations within a 60-mile radius. For travel beyond 60 miles, a fee of £50 per hour will apply.
If travel by public transport is required instead of by car ( due to location limitations), a quote will be provided. Please note that this travel may incur additional equipment hire costs due to practical transport limitations.
Retouching:
If high level retouching is requested beyond the scope of editing included in the fee (see 5.) then the Client will be referred to a photo editing company who quote accordingly.
Extra Bespoke Portrait potential costs:
All standard gear and basic backdrops are included in your session. If special props or custom backdrops are needed, we’ll chat about that during your consultation and quote accordingly.
Lifestyle studios or on-location shoots may come with additional costs, depending on the space, location and shoot plan.
If a professional hair and makeup artists on request by the client — because the finishing touches truly elevate your portrait. This cost will be an additional fee - line item on the invoice.
If an assistant is needed for a more complex location or set build or even an outdoor photoshoot, this cost will be an additional fee - line item on the invoice.
5) Image Delivery and Retouching:
Image Selection
Modern Headshots.co.uk will send a gallery of low resolution images for your consideration within 2-5 days of your shoot.
Once image selection has been made by the client, we will lightly retouch and deliver all selected images within 2 weeks of the shoot unless stated otherwise due unforeseen circumstances.
Editing and Retouching:
The Photographer will apply light editing to all purchased images. If advanced or high-level retouching is requested, the Photographer may recommend third-party retouching services at the Client’s discretion and expense. All images displayed on the Photographer’s website have been lightly edited; none have undergone high-level retouching.
Light editing includes:
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Colour correction and tonal adjustments
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Exposure balancing
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Reduction of under-eye shadows, and or specific client bugbears!
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Teeth whitening (if needed)
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Removal of temporary blemishes, dust spots, and flyaway hairs
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Occasional light smoothing of clothing wrinkles (Note: this is not a substitute for proper wardrobe preparation — ironing is still your responsibility!)
Light editing does not include:
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Body reshaping or slimming
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Total skin smooth to a beauty brand level - this is something an external retoucher can offer.
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Smoothing of heavily wrinkled or ill-fitting clothing
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Digital alteration or replacement of hair, wardrobe, or background
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Addition of elements not present in the original image (e.g., new hairstyle, new outfit, etc.)
Deliverables:
The Client will receive the final, edited JPEG images only. RAW files and unedited images are not included in the deliverables and will not be provided, as they remain the exclusive property of the Photographer.
6) Model Release :
The Client grants the Photographer full, irrevocable consent to use any photographs taken during the Session for any lawful purpose, including but not limited to portfolio use, marketing, advertising, editorial, website, social media, and promotional materials, in any location or medium.
For group or team sessions, where obtaining individual consent is impractical, the Client warrants that they have obtained the necessary permissions from all participants for their photographs to be taken and potentially published. The Client is responsible for informing the Photographer, in writing and in advance of the Session, of any individuals who do not consent to being photographed or having their images shared.
7) Law:
These Terms and Conditions shall be governed by and construed in accordance with the laws of England.
8) Liabilty:
The Photographer shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to our customers arising from delay in transit. Where work is defective for any reason, including negligence, the Photographer’s liability (if any) shall be limited to rectifying such defect. Where financial payment is required to rectify liability, this will be capped at the price paid for services, with no allowance made for loss of profits. The Photographer shall not be held responsible for any misuse of images by third parties.
9) Insurance:
The Photographer maintains public liability insurance.
10) Force Majeure:
Both the Photographer and the Client agree to make reasonable efforts to fulfil this agreement. However, performance may be altered or canceled due to circumstances beyond either party’s control (e.g., acts of God, natural disasters, pandemics including COVID-19, war, legislation, fire, equipment failure, etc.).
In such cases, the Photographer reserves the right to reschedule the session at no additional cost. If a Force Majeure event results in total photographic failure or cancellation of the agreement by the Photographer, liability is limited to a full refund of all monies paid. Either party must notify the other of a Force Majeure event as soon as reasonably possible.
11) Health and Safety
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The Photographer is not responsible for the health and safety of the Client or attendees during the session.
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Child safety: Children and babies remain the full responsibility of their parent(s) or guardian(s) at all times.
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Damage to property: The Photographer is not responsible for damage to possessions or furnishings unless caused directly by the Photographer’s actions.
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Safe working environment: The Photographer reserves the right to terminate a session or appointment if subjected to inappropriate, threatening, hostile, or unsafe conditions. The Photographer’s safety is paramount.
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Note on consumables: Any chocolates or perishable items provided during the session are supplied by third parties. The Photographer accepts no liability for allergic reactions or adverse effects from their consumption.
12) Artistic Licence:
The Photographer will make every reasonable effort to adhere to the Client’s brief and preferences. A pre-session consultation may be offered to discuss the Client’s vision, goals, and aesthetic direction. Mood boards or reference images may be submitted by the Client to help guide the creative approach.
However, within the general framework of the Client’s brief, the Photographer retains full creative control over the style, composition, and final editing of all images. The Photographer’s professional judgment regarding all artistic and technical decisions shall be considered final.
Artistic licence includes, but is not limited to, choices regarding posing, lighting, location, framing, colour treatment, and digital editing.
By commissioning the Photographer, the Client acknowledges and accepts the Photographer’s distinct artistic style and agrees to trust the creative process.
13. Refund Policy
Cooling-off period: As the products supplied (e.g., prints, digital files, frames, albums) are custom-made to the Client’s specifications, the Client does not have the right to a cancellation or refund once an order has been placed and payment received. This does not affect the Client’s statutory rights.
14. Data Protection
Both the Client and the Photographer agree to comply with all applicable data protection laws.
Data retention: The Photographer may retain copies of the photographs for portfolio and archival purposes. However, it is the Client’s sole responsibility to back up and preserve their own copies of any delivered files.