TERMS & CONDITIONS

1. AGREEMENT

This agreement is between Ben Sage Studios Ltd (herein referred to as “the Creator”) and the commissioning client or their authorised representative (herein “the Client”). Together with the accompanying Estimate or Invoice, these Terms & Conditions form the entire agreement between the parties.

All fees and expenses are based on the brief provided by the Client. The Client must ensure an authorised representative is present during the shoot to approve the Creator’s interpretation of the project. In the absence of such a representative, the Creator’s interpretation will be deemed acceptable.

Any alterations to the agreed brief, whether written or verbal, may incur additional costs. Expenses are estimated in good faith and subject to a 10% variance. Estimates remain valid for 15 days from the date issued.

The Client agrees to indemnify and hold the Creator harmless against any and all claims, damages, or expenses (including reasonable legal fees) arising from the Client’s use of the work.

2. DEFINITIONS

“Work” refers to any photographs, videos, footage, or other creative assets produced by the Creator.
“Client” refers to the person or company licensing the Work.
The following usage categories apply:

  • Editorial Use – Publication of the Work in a journalistic or educational context, not promoting a product, service, or company.

  • Publicity Use – When the Client submits the Work to an editorial outlet without payment for placement.

  • Advertising Use – Paid placement of the Work in media, print, or online.

  • Collateral Use – Use of the Work on the Client’s own platforms (website, brochure, social media, etc.) to promote their brand or services.

  • Public Display – Display of the Work in a publicly viewable space (e.g. office, exhibition, trade show).

  • Private Display – Display of the Work in a private, non-commercial setting.

  • Point of Sale (POS) – Use of the Work within a retail or product display environment.

  • Packaging – Printing or displaying the Work on commercial product packaging.

  • Unlimited Use – Includes all uses listed above.

3. PAYMENT TERMS

Payment is due immediately upon receipt of invoice.

If payment remains outstanding after 30 calendar days, the following charges will apply, in accordance with the Late Payment of Commercial Debts Regulations 2013:

  • A late payment fee of 8.5% of the invoice total;

  • An additional 0.5% interest per day thereafter until payment is received;

  • A flat recovery fee of £40 (for debts up to £999.99), £70 (for debts from £1,000 to £9,999.99), or £100 (for debts of £10,000 or more), per overdue invoice.

All late payment fees and charges will be applied to the original invoice total until full payment is made.

4. COPYRIGHT & LICENSING

All Work and associated copyright remain the exclusive property of the Creator.
Usage rights are only granted upon full payment of all fees due.
All rights not expressly granted in writing remain with the Creator.

If the Client wishes to make additional uses beyond the original agreement, they must seek permission and may be subject to additional licensing fees.

5. THIRD-PARTY USE & SUBLICENSING

The Client may not sell, share, transfer, or license the Work to any third party without the Creator’s written consent.

If third-party partners (e.g. brands, PR agencies, suppliers, manufacturers) wish to use the Work, they must obtain their own licence directly from the Creator.

Minimum Licence Fee: £350 + VAT per image.
Licensing for corporations, product manufacturers, or brands operating across multiple markets will be calculated according to usage, territory, duration, and crediting. Unauthorised use or omission of credit will result in additional fees and may constitute copyright infringement.

6. CANCELLATIONS & POSTPONEMENTS

All cancellations fees are worked out as a percentage of the sitting fee.

Cancellations and reschedules are of no charge provided they are done 4 business days in advance of the

scheduled shoot date.

Within 3 business days cancellations/rescheduling 75% of the total fee quoted will be charged.

Within 2 business days cancellations/rescheduling 100% of the total fee quoted will be charged.

Cancellations and reschedules due to unforeseen circumstances will be addressed appropriately.

7. FORCE MAJEURE

Neither party shall be held liable for any failure to perform obligations due to circumstances beyond reasonable control (including acts of God, natural disasters, pandemics, strikes, or war).

8. POST-PRODUCTION & REVISIONS

Work will be delivered within an agreed timeframe.
Additional retouching, editing, or revisions beyond the initial estimate will be charged separately.

9. CREATIVE DISCRETION

The Client acknowledges that they have commissioned the Creator for their artistic style and vision. Dissatisfaction with creative interpretation, composition, or post-production style does not constitute grounds for withholding payment.

10. PROOFS & FINAL DELIVERY

Only final delivered Work may be used or published. Proofs, previews, and unedited material are for review only and may not be used, shared, or published without written consent.

11. CREDITING

The Creator must be credited for all editorial uses, and in other contexts where specified in the estimate.
For online and social media posts, credit must appear in the caption and the Creator must be tagged (e.g. “Photography by Ben Sage or @bensagephotography”).

Failure to provide agreed credit may result in a 100% uplift of the licence fee, reflecting a breach of the Creator’s Moral Right to be identified under the Copyright, Designs and Patents Act 1988.

12. AI & DATA USE

The Work may not be used in any dataset, AI training system, image generator, or similar technology without the Creator’s explicit written consent.

13. SAFETY & SITE CONDITIONS

The Creator reserves the right to postpone, suspend, or cancel a shoot if, in their professional judgment, the environment is unsafe or unsuitable.
The Client is responsible for ensuring safe working conditions, access, and compliance with all health and safety requirements.

14. ACCEPTANCE OF TERMS

By commissioning the Creator, confirming a shoot, or making any payment, the Client confirms acceptance of these Terms & Conditions.
No signature is required for these Terms to be valid and enforceable.

15. PROMOTIONAL USE

Unless otherwise agreed in writing, the Creator may use the Work for self-promotional purposes including portfolio display, website, social media, award entries, and industry features.

16. DISPUTE RESOLUTION

In the event of a dispute, both parties agree to attempt to resolve the matter through good-faith negotiation or mediation before taking legal action.

17. INDEMNITY

The Client agrees to indemnify and hold the Creator harmless from any claims, damages, or liabilities arising from the Client’s misuse or unauthorised distribution of the Work.

18. VARIATION

These Terms & Conditions may only be varied by written agreement between the Creator and Client. Verbal or informal amendments are not valid.

19. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of England and Wales, and any disputes shall fall under the exclusive jurisdiction of the courts of England and Wales, including the Intellectual Property Enterprise Court (IPEC).