TERMS OF COMMISSION
Version: July 2026
In these terms, "client" includes any agency, intermediary, or business commissioning the work on behalf of a third party.
BILLABLE TIME
A billable day is 8 hours between 8:00 AM and 6:00 PM. A half day is 4 hours. Minimum billable amount is a half day. Work beyond scheduled time is billed at 15% of day rate per hour. Work outside standard hours or weekends/public holidays incurs a 25% premium.
QUOTE VALIDITY
Quotes are valid for 30 days from the date issued. After this period, the project will be repriced to reflect current rates.
PROJECT DORMANCY
If a project is paused or left inactive for 60 days or more, a recommencement fee of £450 applies before work resumes. This covers rescheduling, file retrieval, and reacquainting with project details.
LICENCE SCOPE
Unless agreed otherwise in writing, this licence includes:
Usage: client may use content (photos/videos) on website, social media, email newsletters, internal documents, press releases, and printed materials related to their business.
Duration: perpetual.
Territory: worldwide.
Exclusivity: non exclusive. Creator retains rights for portfolio, marketing, editorial use.
Ownership: copyright remains with creator. Client licensed only as described.
Excludes resale, merchandise, paid advertising unless agreed, sub-licensing, or endorsement without permission. Additional rights require separate fees.
Where a licence is granted for a limited period rather than in perpetuity, the client must stop using the images or video and remove them from their platforms and storage once that period ends.
USE OF LICENSED MATERIAL
The licence to use comes into effect from the date the relevant invoice is paid in full. No use may be made of the images or video before full payment, except with prior written permission. Any such permission is automatically revoked if payment is not made by the due date. The licence applies only to the client and purpose stated in the quote. It may not be transferred to a third party, or used for a different product, purpose, or business, without separate agreement and fee.
PAID MEDIA LICENSING
Licensing for paid media usage, including but not limited to advertising, sponsored content, boosted posts, and paid placements, is charged separately from the standard project fee. The quoted fee includes a basic usage licence covering non paid media such as organic social media, websites, blogs, and internal communications.
Any usage beyond this scope, particularly paid media, requires an extended licence. Licensing fees for such usage are calculated using the AOP Usage Calculator (www.the-aop.org/information/usage-calculator), a transparent and widely recognised industry standard tool. This ensures pricing is appropriate to the media type, duration, territory, and intended audience reach.
Exclusive use of the images or video for a defined period can also be arranged for a separate fee.
Licensing does not include a transfer of copyright, which remains with the creator. Additional rights will be listed as line items on the quote.
COPYRIGHT
Under UK copyright law, the creator of a photograph or video automatically owns the copyright, even when commissioned. This means copyright is retained by the creator at all times.
CREDIT
Where agreed, the creator's name will be credited on or near published use of the images or video. By default, the creator asserts the right to be identified as set out in Sections 77 to 79 of the Copyright, Designs and Patents Act 1988.
IMAGE AND VIDEO MANIPULATION
Alteration of an image or video, or use of only part of it, requires the creator's permission.
DELIVERY TIMEFRAMES
Content selections and final edits delivered per deadlines agreed in prior written communications. Rush delivery may incur fees. Timeframes may be extended due to illness, technical issues, or circumstances beyond control with notice. Deadlines assume timely feedback, documentation, and support from the client, and may be extended where this is delayed.
REVISIONS AND EDITS
Up to 3 rounds of minor revisions included: colour correction, cropping, basic retouching. Major revisions or extra rounds charged at creator's hourly rate. Requests must be submitted within 14 days of delivery.
REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject delivered work on the basis of style or creative composition.
PAYMENT
Payment is due within 30 days of invoice date. Late payment incurs statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998, calculated at the Bank of England base rate plus 8%, from the due date until payment is made in full. A fixed compensation fee also applies per late invoice, as set by the Act.
CANCELLATION AND POSTPONEMENT
A booking is considered confirmed from the date the quote is accepted or deposit paid. Deposits are non refundable if cancelled less than 4 weeks before the scheduled start date. Cancellation and postponement fees are calculated based on notice given:
0 to 7 days before the shoot: 100% of the fee
7 to 14 days: 75%
14 to 28 days: 50%
28 to 42 days: 25%
42+ days: no fee
EXPENSES AND SCOPE CHANGES
Where extra time or expense is incurred due to changes to the original brief, including additional shoot days, locations, deliverables, or revision requests beyond what was agreed, this will be charged at the creator's standard rate in addition to the original quote.
TRAVEL AND ACCOMMODATION
Reasonable transport, accommodation, and subsistence costs for travel away from base will be invoiced. For train journeys over 2 hours with gear, first class travel may be required to allow adequate space and rest.
TERMINATION RIGHTS
Either party may terminate with written notice if:
Material breach unremedied after 14 days.
Client fails to provide access, materials, or feedback for over 30 days.
Either party becomes bankrupt or insolvent.
Upon termination, client pays for work completed. Licence rights revert to creator unless agreed.
MODEL AND PROPERTY RELEASES
Client responsible for securing releases unless agreed otherwise. Creator obtaining releases incurs extra fees and prior agreement.
CLEARANCES AND INDEMNITY
The client is responsible for obtaining any necessary permissions or clearances for third party intellectual property, trademarks, or designs featured in a shoot, unless expressly agreed in writing beforehand that the creator will obtain these. Where the creator has agreed to obtain clearances, liability is limited to losses proportionate to the value of the work provided.
EQUIPMENT AND DAMAGE
Client responsible for damage to creator's equipment caused by client or participants. Full repair/replacement costs invoiced. Creator has insurance but may require extra coverage for high risk shoots.
WEATHER CONTINGENCIES
Outdoor shoot postponements due to weather handled per contingency plan agreed pre shoot. Postponements made 24 hours in advance avoid cancellation fees. Last minute weather issues handled case by case.
CLIENT CONFIDENTIALITY
Information shared for the purposes of a commission is kept confidential and will not be disclosed to third parties, except as reasonably necessary to carry out the work.
DATA RETENTION
Delivered images and video are kept on file for 6 months after completion, after which they may be deleted. The client is responsible for backing up their own copies of delivered work upon receipt.
DISPUTE RESOLUTION
Disputes first addressed by informal negotiation. If unresolved after 30 days, mediation with mutually agreed mediator. Failing that, arbitration under relevant rules. Prevailing party may recover legal fees.
APPLICABLE LAW
These terms are governed by the laws of England and Wales.
VARIATION
These terms may only be varied by written agreement.
ACCEPTANCE OF TERMS
By engaging my services, whether through written confirmation, deposit payment, or commencement of work, the client accepts these Terms of Commission in full, as published at http://www.benoitga.com/terms/ and dated above.