Terms & Conditions - Faye Thomas Photography | Editorial Portrait & Headshot Photographer in London

FAYE THOMAS PHOTOGRAPHY

BOOKING TERMS & CONDITIONS

OVERVIEW

The Client (being the person or entity to whom the invoice is addressed) acknowledges that, by confirming a booking, they have read, understood and agreed to be bound by these Terms and Conditions, unless otherwise agreed in writing. The Client further agrees to ensure that any agents, managers, publicists, PR representatives or other third parties acting on their behalf are made aware of, and comply with, the applicable terms of use and licensing restrictions relating to the Photographs. The Client shall remain responsible for any breach of these Terms and Conditions arising from the Client's supply of, or authorisation for the use of, the Photographs by such persons.

If anything is unclear, please contact booking@fayethomas.co.uk prior to confirming your booking.

HEADSHOTS: LICENSING & USAGE

Subject to payment in full, the Client is granted a non-exclusive, non-transferable 'Licence to Use' the Photographs for the following purposes only:

Spotlight (including spotlight.com and associated publications);
IMDb (www.imdb.com);
Agency, management and representation websites;
The Client's own personal websites, portfolios, business cards and personal social media accounts;
Theatre programmes; and
The following named Film and Theatre industry trade publications only: Deadline, Variety, The Hollywood Reporter, The Wrap, Backstage, Screen Daily and The Stage.

The Licence to Use is granted solely to the Client. No third-party rights are granted, assigned or implied.

The Photographer's credit, "Faye Thomas", should accompany all published reproductions of the Photographs wherever reasonably practicable. Where images are shared on social media, the Client should credit @fayethomasphoto in both the caption and tag, and use reasonable endeavours to ensure that third parties acting on their behalf do the same.

The Photographs may not be altered, manipulated, edited or otherwise modified by the Client or any third party without the Photographer's prior written consent. This includes, but is not limited to, the application of filters, AI-generated modifications, the creation of derivative works, or the removal or alteration of metadata.

Any use falling outside the scope of this Licence, including but not limited to publication in mainstream press, newspapers, magazines, editorial features, third-party websites not listed above, merchandise, book or album covers, production artwork, billboards, commercial advertising campaigns, marketing materials, or any other print or digital distribution, requires the Photographer's prior written approval and may be subject to additional licensing fees.

Enhanced Editorial, commercial & Press Licensing

Recognising that some clients may require image usage beyond the scope of the standard headshot licence, Faye Thomas is pleased to offer tailored licensing solutions for editorial, press, publicity and wider commercial purposes. Whether supporting a magazine feature, press campaign, book launch, production publicity, festival appearance or other promotional activity, bespoke licences can be created to reflect the specific requirements of each project. Any additional usage rights will be confirmed in writing and may be subject to supplementary licensing fees.

All Photographs remain the property and copyright of Faye Thomas and are protected by the Copyright, Designs and Patents Act 1988 and applicable international copyright laws. All moral rights are asserted.

Any unauthorised use of the Photographs by the Client, or by any third party to whom the Client has supplied or authorised access to the Photographs, may result in additional licensing charges and/or legal action.

1. DEFINITIONS.

(a) For the purpose of this agreement “the Agency” and “the Client” shall where the context so admits include those appointed by the client to act on their behalf and their respective assignees, sub-licensees and successor in title. In cases where the Photographer’s Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both “the Agency “ and “the Client” shall be interpreted as references to the Photographer’s Client. (b) For the purpose of this agreement “The Photographer” will mean Faye Thomas. And shall where the context so admits include their respective assignees, sub-licensees and successor in title. (c) “Photographs” "Images" and “Works” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed. (d) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable. (e) Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer. (f) Where time is of the essence the Photographer entirely at her own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order. (g) Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so. (h) When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.

2. COPYRIGHT.

(a) The Author 'Faye Thomas' retains the entire copyright of the Photographs and Works at all times, throughout the World. Photographs may not be reproduced, sold, published or used by the Client or Agents acting on their behalf without permission or beyond the terms laid out in the usage license as specified on the invoice. (b) Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.

3. OWNERSHIP OF MATERIALS.

(a) All Photographs, raw files, digital negatives, edited files and other materials created or used by the Photographer in the production of the Works remain the sole property of the Photographer. Payment of an invoice does not transfer ownership, copyright or any other intellectual property rights to the Client, save for the limited 'Licence to Use' expressly granted under these Terms and Conditions.

4. USE.

(a) The Licence to Use is conditional upon payment in full of all relevant invoices. No rights are granted until payment has been received in full by the Photographer. (b) The Photographs may not be used, reproduced, published, distributed or otherwise exploited prior to payment in full without the Photographer's express written consent. (c) Any permission granted for use prior to payment shall automatically be revoked if payment is not received by the agreed due date or if the Client or Agency enters receivership, administration, liquidation or any other form of insolvency proceedings. (d) Use of the Photographs beyond the scope of the Licence to Use may be permitted subject to the Photographer's prior written approval and payment of an additional licensing fee to be agreed between the parties. Any use outside the agreed licence terms may result in additional licensing charges and/or legal action. (e) All reproduction rights granted are by way of licence only. No transfer, assignment or partial assignment of copyright shall be implied. (f) Any licence granted under these Terms and Conditions shall immediately terminate upon the Client's death or bankruptcy, or, where the Client is a company or other corporate entity, upon the appointment of a receiver or administrator, the presentation of a winding-up petition, the passing of a resolution for winding up, or the commencement of any analogous insolvency proceedings.

5. CLIENT CONFIDENTIALITY.

(a) The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out her obligations in relation to the commission.

6. EXCLUSIVITY.

(a) Unless expressly agreed in writing prior to the commencement of the session, no exclusivity is granted or implied in favour of the Client or any Agency acting on the Client's behalf. (b) Requests for exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before the photoshoot commences. (c) The Photographer retains the right to use the Photographs for the purposes of self-promotion, including but not limited to her portfolio, website, social media, professional awards submissions and other promotional activities relating to her business. (d) The Photographer also reserves the right to submit, licence or publish the Photographs for editorial, press, magazine features, interviews, industry publications, exhibitions, photo books and other non-commercial publications, provided that such use does not imply the Client's endorsement of any product or service. (e) As a professional courtesy, the Photographer will endeavour to notify the Client before authorising any third-party editorial or press publication of the Photographs. However, where the Client cannot reasonably be contacted, does not respond within a reasonable period of time, or has previously indicated that such use is acceptable, the Photographer may proceed at her discretion.

7. INDEMNITY.

(a) It is the Client who must satisfy himself/herself/It’s self that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are obtained. (b) It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or Works of art depicted in any picture. (c) The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot. (d) In all other cases the Client shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. (e) The Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Photographer, Faye Thomas their employees or agents or otherwise, and it is the Client’s responsibility to insure against such loss or damage.

8. PAYMENT.

(a) Unless otherwise agreed in writing in advance, payment by private clients is due in full on the day of the photography session and must be made by BACS transfer or cash. For commissioned commercial work where credit terms have been expressly agreed in writing, payment is due strictly within 30 days of the date of the relevant invoice. (b) In the event of late payment, the Photographer reserves the right to charge reasonable administration fees in relation to the recovery of outstanding debts, including (but not limited to) charges for additional correspondence and any bank charges incurred. Interest and compensation may also be claimed in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. (c) Where the Client is a limited company, any director or individual who has expressly agreed to act as guarantor for the booking shall remain personally liable for any outstanding fees, costs, and expenses arising under this agreement.

9. EXPENSES.

(a) Where additional time, expenses, or work are incurred by the Photographer as a result of alterations to the original brief by the Client, including (but not limited to) changes to retouching instructions, requests for additional edits, revisions submitted after retouching has commenced, or any other variation to the agreed scope of work, the Client shall be responsible for any resulting additional fees and expenses. Such charges shall be payable in addition to the fees and expenses previously agreed or estimated. (b) Any substantial changes to retouching instructions after retouching work has commenced may be treated as additional retouching work and charged at the Photographer's prevailing rates

10. REJECTION.

(a) Unless a rejection fee has been agreed in writing in advance, the Client shall have no right to reject the Photographs on the basis of artistic style, composition, expression, pose, or personal preference. Any specific requirements regarding the style of the images, location, brief, or creative direction must be agreed prior to the session. (b) Session fees and any fees relating to editing, retouching, or other post-production work already undertaken are non-refundable. (c) Where practicable, the Client will be given the opportunity to review selected images during the session and raise any concerns before the conclusion of the shoot. (d) In the unlikely event that an Agent is dissatisfied with the images, and provided that no retouching requests have been submitted and no use has been made of the supplied Photographs, the Photographer may, at her sole discretion, offer a complimentary re-shoot as a gesture of goodwill. Such a re-shoot shall constitute the Client's sole remedy and no refund shall be due.

11. CANCELLATION & POSTPONEMENT.

(a) A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at her discretion, charge a £100 cancellation or postponement fee if cancellations are made with less than 72 hours notice before the session is due to commence. (b) Faye Thomas also reserves the right to refuse future booking requests from the client following a late cancellation. (c) Cancellations that are made with less than 24 hours notice may be subject to a 50% cancellation fee (£195). (d) The client agrees to notify the photographer at the earliest opportunity by phone & email if there is a possibility of illness or schedule conflict, so that the Photographer has the opportunity to put another client on stand-by to take the session in the case of a late cancellation, thereby avoiding the need to charge a cancellation fee.

12. RIGHT TO A CREDIT.

(a) The Licence to Use requires that the Photographer's name, "Faye Thomas", be printed on or in reasonable proximity to all published reproductions of the Photographs. The Photographer asserts her statutory and moral right to be identified as the author of the Photographs in accordance with Sections 77–79 of the Copyright, Designs and Patents Act 1988 (as amended or re-enacted from time to time). The Client shall take all reasonable steps to ensure that any agents, managers, publicists, publishers, producers, representatives, or other third parties to whom the Photographs are supplied by or on behalf of the Client also comply with this credit requirement. (b) Images shared on social media must be credited to @fayethomasphoto in both the image caption and tag. The Client shall be responsible for communicating this requirement to any third parties acting on their behalf and for using reasonable endeavours to ensure compliance.

13. SUPPLY TO THIRD PARTIES.

(a) No third party rights granted. The licence ONLY applies to the Client and usage stated on the Licence to Use. (b) Photos may not be distributed to third parties without prior written consent from the Photographer.

14. ELECTRONIC STORAGE.

(a) The Client may retain copies of the Photographs solely for their own internal archival purposes and licensed use. No third-party archiving, image libraries or redistribution are permitted without written consent. (b) Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer. (c) Digital Data is stored by the Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer’s archive. (d) It is the client's responsibility to ensure that high-resolution images are downloaded and saved to secure back-ups. (e) Requests for extra retouching / re-uploading of final images from shoots older than 2 years may be subject to an additional fee.

15. AI AND MACHINE LEARNING

The Photographs may not be used, uploaded, submitted, scraped, reproduced, processed, or otherwise supplied, directly or indirectly, to any artificial intelligence system, machine learning model, dataset, biometric or facial-recognition technology, generative technology, or similar automated system for the purposes of training, testing, analysis, synthesis, development, optimisation, or improvement.

No rights are granted for the use of the Photographs in connection with artificial intelligence or machine learning, including but not limited to dataset creation, model training, inference, the generation of derivative outputs, or any other automated computational use.

For the avoidance of doubt, this prohibition applies whether such use is undertaken by the Client, any third party acting on the Client's behalf, or through the upload of the Photographs to any platform, application or service that may use submitted content to train or improve artificial intelligence systems

16. APPLICABLE LAW.

(a) This agreement shall be governed by the laws of the United Kingdom & International copyright laws.

17. VARIATION.

(a) These Terms and Conditions shall not be varied except by agreement in writing. Please contact booking@fayethomas.co.uk if anything is unclear.

All photographs remain the property and copyright of Faye Thomas and are protected under United Kingdom & International copyright laws. All moral and intellectual rights are asserted under the Copyright Designs & Patents Act 1988. All rights reserved. © 2005-2026 Faye Thomas. www.fayethomas.co.uk