TERMS AND CONDITIONS

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Version 7  |  April 2026

These terms govern all work undertaken by Nico Wills Photography (“NWP”) and form a binding agreement between NWP and the Client upon acceptance of a quote or payment of a booking fee. These terms supersede any previous version. All fees quoted are exclusive of VAT, which will be charged at the prevailing rate where applicable.

1. Definitions

(a) Image includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage, drawing, engraving, video, or any other item offered for the purposes of reproduction.

(b) Reproduction includes any form of publication or copying of the whole or part of any image, whether or not altered, by printing, photography, slide projection, xerography, artist’s reference, layout, electronic or mechanical reproduction, or storage by any other means.

(c) The Client is the person or organisation to whom the invoice is addressed, whether or not acting for a third party.

(d) The Brief is the agreed scope of work as set out in the accepted quote or booking confirmation.

(e) Post-Production Allocation means the fixed retouching time included within the agreed fee, as specified in the quote.

(f) Working Day means any day other than a Saturday, Sunday, or English public holiday.

2. Copyright & Ownership

(a) The entire copyright in all images created by NWP is retained by NWP at all times throughout the world. No property or copyright in any image shall pass to the Client.

(b) NWP supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those images in a given context, as set out in the invoice or booking confirmation.

(c) NWP asserts both its moral and legal right to be identified as the author of its work under the Copyright, Designs and Patents Act 1988.

(d) Unless otherwise agreed in writing, the copyright notice shall read: © Nico Wills. If any image reproduced by the Client omits this copyright notice or credit line, any fee payable shall be subject to an uplift of not less than 100% of the original licence fee, in addition to any other remedies available to NWP.

(e) No addition to, deletion from, alteration of, or adaptation of any image may be made without prior written consent from NWP.

(f) Any unauthorised use of an image beyond the scope of the licence granted — whether by use in a different medium, territory, time period, or for a different purpose — constitutes an infringement of copyright. NWP reserves the right to invoice the Client for the full market rate applicable to the actual use made, plus a punitive uplift of not less than 100%, in addition to any legal costs incurred in enforcing its rights.

3. Reproduction Rights & Licensing

(a) Reproduction rights, where granted, are strictly limited to the use, territory, and period of time specified in the invoice or booking confirmation. Any use beyond this requires a separate written agreement with NWP and payment of an additional licence fee.

(b) Reproduction rights are not issued exclusively to the Client except where explicitly stated in the invoice.

(c) Reproduction rights granted are personal to the Client and may not be assigned. Images may not be loaned or transferred to third parties except for the Client’s own authorised use as set out in the invoice.

(d) Any reproduction rights granted are by way of licence only. No partial or other assignment of copyright shall be implied.

(e) The Client’s right to reproduce an image arises only when the relevant invoice has been paid in full. Any reproduction before full payment constitutes infringement of copyright and entitles NWP to rescind the agreement and seek damages.

(f) NWP reserves the right to refuse to supply images or grant a reproduction licence when requested to do so by a third party on the Client’s behalf.

4. Standard Licence Terms

The following describes the reproduction rights granted under each licence type:

(a) Internal Use: The right to use images only within a company for non-commercial purposes; publication in a free in-house publication not normally available to the public; editorial use on the Client’s own intranet.

(b) PR & Press: The right to use images as described in 4(a), plus a licence for third parties to reproduce images in print or electronic media in an editorial context where no fee has been paid to guarantee publication.

(c) Specified Use: One reproduction only of the image for the specific purpose described in the invoice.

(d) Editorial: One reproduction only within one print or digital edition of a named title in an editorial context.

(e) Standard Web & Social: General web, social media, property marketing, and PR use is included within the standard day rate unless otherwise stated. Paid advertising, campaign, and multi-party use requires a separate licence fee as set out in the quote.

5. Quotes, Scope & Changes to Brief

(a) All quotes are valid for 30 days from the date of issue, unless otherwise stated. NWP reserves the right to reissue a revised quote after this period.

(b) A quote is an estimate based on the Brief as described at the time of issue. It is not a fixed-price guarantee and remains subject to revision if the Brief changes materially.

(c) Any material change to the agreed Brief — including additional locations, subjects, setups, shoot duration, or deliverables — will be assessed on the day and, where necessary, quoted and agreed before additional work is undertaken. Such changes may affect the fee, the delivery timeline, or both.

(d) Where the Client requests additional work on the day of the shoot that falls outside the agreed Brief, NWP reserves the right to charge for that additional time and output at the applicable day or half-day rate.

(e) NWP will edit and deliver what it considers to be the best of every situation covered. Raw files will only be supplied in exceptional circumstances and only where they have not been deleted. NWP makes no undertaking to retain any files not intended for delivery.

6. Overtime & Extended Shoot Time

(a) The agreed fee covers the shoot duration set out in the Brief. Where a shoot extends beyond the agreed duration at the request or direction of the Client, NWP reserves the right to charge for additional time at the applicable hourly rate, currently £175 + VAT per hour (or part thereof), or the agreed half-day rate where the extension warrants it.

(b) Where additional time is required as a result of delays caused by the Client, third parties engaged by the Client, or matters outside NWP’s reasonable control, these additional charges shall apply in the same manner.

(c) NWP will notify the Client at the earliest reasonable opportunity where it appears that the shoot is likely to exceed the agreed duration.

7. Expenses

(a) The Client shall reimburse NWP for all reasonable and necessary out-of-pocket expenses incurred in connection with the performance of the Brief, including but not limited to travel, accommodation, subsistence, parking, and third-party costs, where such expenses have been approved in writing by the Client in advance.

(b) Where it is not reasonably practicable to obtain prior written approval — for example, where expenses arise on the day due to operational necessity — expenses may be incurred provided they are necessary for the proper delivery of the Brief and are reasonable in amount. Such expenses shall be invoiced at cost and supported by appropriate documentation upon request.

(c) Where any changes to the agreed Brief, schedule, or shoot arrangements are requested by the Client after booking, any additional costs arising as a result — including but not limited to flight amendments, transport, or accommodation changes — shall be payable by the Client.

(d) Subsistence costs (meals and refreshments) incurred during a shoot day or travel period are recoverable at reasonable cost. NWP will not invoice for subsistence on a shoot day where the Client provides catering.

(e) All expenses are invoiced exclusive of VAT where applicable. Expense invoices will be supported by receipts or documentation upon request.

8. Post-Production & Deliverables

(a) The agreed day rate includes a fixed Post-Production Allocation as specified in the quote. This allocation represents a defined block of retouching time and may be deployed as: fully retouched images (typically 25, involving comprehensive colour correction, local adjustments, and finishing); or lightly processed images (typically up to 40, involving global adjustments only). Both options are equal in post-production value. The format is agreed at the quoting stage and confirmed in writing at the time of booking.

(b) Images beyond the included Post-Production Allocation are charged at the additional image rate specified in the quote (currently £45 + VAT per image), invoiced on delivery.

(c) Unless otherwise agreed, the Client selects their preferred images from the full unedited catalogue within 7 days of delivery. Post-production commences on confirmation of the selection. Delays in selection may affect the delivery timeline.

(d) Standard delivery timescales from the date of confirmed image selection are as follows: half-day or single location commissions — 5 working days; full-day commissions — 7 working days; multi-location or multi-day commissions — 10 working days; complex commercial or magazine-grade retouching — 14 working days. Expedited delivery (within 48 hours of confirmed selection) is available at an additional charge as set out in the rate card.

(e) Retouched images are delivered as high-resolution JPEGs via Pixieset or an agreed platform. Galleries remain active for 60 days. NWP is not responsible for images not downloaded within this period.

(f) NWP retains working files for 12 months following delivery. After this period, files may be deleted without notice. The Client is responsible for maintaining their own archive of delivered images. NWP accepts no liability for loss, corruption, or format incompatibility of delivered images after download.

(g) There is no right to reject images on the basis of style, composition, or artistic interpretation, unless a rejection fee has been agreed in advance and in writing.

9. Bookings, Booking Fee & Payment

(a) A booking is confirmed only upon receipt of the required booking fee. No date or time shall be held or reserved until the booking fee is received.

(b) The booking fee — a non-refundable payment to secure the date and reserve NWP’s availability — is 50% of the agreed fee unless otherwise stated. Payment of the booking fee constitutes the Client’s acceptance of these terms in full.

(c) The balance of the agreed fee is due as follows: for commercial and property work, within 14 days of image delivery; for events and weddings, 14 days prior to the shoot date.

(d) Payment is due by BACS bank transfer. Card payments are accepted subject to a 2.5% processing fee. Invoices are issued via Studio Ninja and Xero.

(e) All fees are quoted exclusive of VAT. VAT will be charged at the prevailing rate and will appear on the invoice.

(f) Until NWP has invoiced the reproduction fee, neither party is committed to grant or acquire reproduction rights in any image.

10. Late Payment

(a) Invoices not paid by the due date are subject to statutory interest under the Late Payment of Commercial Debt (Interest) Act 1998, currently at 8% per annum above the Bank of England base rate, accruing daily from the due date until the date of payment.

(b) In addition to interest, NWP is entitled to fixed compensation charges per the Act: £40 for debts up to £999.99; £70 for debts between £1,000 and £9,999.99; £100 for debts of £10,000 or more. These charges apply automatically on the first day the invoice becomes overdue.

(c) NWP reserves the right to suspend the delivery of images, galleries, or any ongoing services until all outstanding invoices are paid in full.

(d) NWP reserves the right to recover reasonable debt recovery costs where an overdue invoice requires formal action.

11. Cancellation & Postponement

(a) Once a booking is confirmed, NWP will not accept other work for the reserved dates. In the event of cancellation by the Client, the following fees apply:

        15 or more days before the shoot date: No further charge (booking fee forfeited)

        8 to 14 days before the shoot date: 50% of the agreed fee

        3 to 7 days before the shoot date: 75% of the agreed fee

        Within 48 hours of the shoot date: 100% of the agreed fee

(b) All expenses already incurred by NWP at the point of cancellation are payable by the Client regardless of notice given.

(c) If NWP is unable to fulfil a confirmed booking due to illness, injury, or circumstances beyond its reasonable control (including force majeure events such as extreme weather, transport disruption, civil unrest, or pandemic restrictions), the booking fee will be refunded in full and NWP will use reasonable endeavours to recommend a suitable alternative photographer. NWP’s liability shall be limited to the return of fees paid.

(d) Postponement by the Client within 14 days of the shoot will be treated as a cancellation for the purposes of this clause, unless an alternative date is agreed in writing at the time of postponement. Where an alternative date is agreed, the booking fee will be transferred to the new date; however, if the new date is subsequently cancelled by the Client, the booking fee shall be forfeited and the relevant cancellation charge shall apply based on the notice given before the new date.

12. Client Responsibilities & Indemnity

(a) The Client is responsible for obtaining all necessary permissions, access rights, location permits, model releases, and third-party consents required for the shoot. NWP gives no warranty that any such rights, releases, or consents have been obtained.

(b) The Client agrees to indemnify NWP against any claims, damages, or costs arising from reproduction of images without proper rights, or from any failure by the Client to obtain required consents or releases.

(c) NWP is not responsible for, and the Client shall indemnify NWP against, any claims brought by third parties whose likeness, property, or intellectual property appears in images where the Client directed or approved the content of the shoot.

(d) Where NWP’s liability arises in connection with this agreement (other than liability which cannot be excluded by law), it shall be limited to the total fees paid by the Client for the relevant commission.

13. Confidentiality

(a) NWP will keep confidential and will not disclose to any third parties, or make use of, any material or information communicated to it in confidence for the purposes of the commission, save as may be reasonably necessary to carry out its obligations under this agreement.

(b) This clause shall not apply to information which is or becomes publicly available other than through a breach of this agreement, or which NWP is required to disclose by law or regulatory authority.

14. Publication & Credit

(a) In the case of printed publications, the Client shall provide NWP with two copies of the relevant pages, or a digital tearsheet, within 14 days of publication.

(b) In other media, evidence of use must be made available to NWP upon request.

15. Insolvency

In the event of the Client’s death, bankruptcy, or — if the Client is a company — any resolution, petition, or order for winding up, or the appointment of a receiver, NWP may at any time inspect any records, accounts, and books relating to the reproduction of its images to ensure compliance with the reproduction rights granted.

16. Governing Law & Variation

(a) These terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising shall be subject to the exclusive jurisdiction of the courts of England and Wales.

(b) These terms shall not be varied except by agreement in writing, signed by an authorised representative of NWP.

Nico Wills Photography  ·  nicowills.com  ·  © Nico Wills  ·  April 2026​

NOTE : For more information and guidance on the commissioning of photography refer to the website www.the-aop.org