Terms and conditions for a commercial photographer

A commercial photographer sells a licence, not the photograph, and many clients do not appreciate the difference until they use an image somewhere they did not pay for. The terms have to define the licence, deal with releases, shoot days and cancellations, say what editing is included and whether raw files are ever supplied, and set how long images are kept. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Commercial, product, corporate, food and architectural photographers in England and Wales shooting for business clients, agencies and publishers, as a sole trader or a small studio. These are business-to-business terms; consumer work such as weddings needs different terms.

What matters in a commercial photographer's terms

The licence, not the photograph

Under the Copyright, Designs and Patents Act 1988 the photographer owns the images. The terms should grant the client a licence defined by use (web, print, advertising, packaging), territory, duration and exclusivity, say that use beyond the licence is chargeable at the photographer's rates, and that ownership passes only if an assignment is agreed at a separate fee. The licence begins on payment in full.

Releases, permissions and the client's part

People and private places in commercial images need releases and permissions, and the terms should say who obtains them: the photographer for models and locations they source, the client for its own staff, customers, premises and products. Images of members of the public involve personal data under the UK GDPR and the Data Protection Act 2018, and the terms should say how they are handled. A client who uses an image of someone who never signed a release has a problem the terms should place with them.

Shoot days, cancellation and overruns

The terms should state the day or half-day rate, what it includes, that assistants, studio hire, props and travel are extras, and that shoots cancelled or moved by the client inside a stated notice period are charged in full or at a stated rate. Weather on location shoots may require a rescheduled day at cost. Overruns are charged by the hour.

Editing, raw files and delivery

The terms should say what editing and retouching is included, how many selects the client receives, how many rounds of amendments are included, and that raw files are not supplied unless a separate fee is agreed. Delivery formats and resolutions should be defined by use, and the client should be told how long images are archived and that long-term storage is the client's responsibility.

Fees, credit, liability and portfolio

Fees are invoiced on delivery or by stage, with interest and fixed compensation on late payment under the Late Payment of Commercial Debts (Interest) Act 1998. The terms should say whether a credit is required and where. Liability should be capped at the fee for the shoot, with consequential loss excluded, tested for reasonableness under the Unfair Contract Terms Act 1977, and the terms should say that where a shoot fails through equipment or file failure the remedy is a reshoot or a refund. The photographer keeps the right to show the work in a portfolio unless confidentiality is agreed.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Buying online forms the engagement on payment. The scope is what the terms and conditions drafting page describes, you accept the Terms of Service at checkout, and I email you within four working hours to get started. If you would rather ask something first, email me.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

The client used an image on a billboard when the licence was for their website. What can I charge?

If the terms define the licence by use and say that use beyond it is chargeable at your rates, the additional use is invoiced at the advertising rate, and the terms can require the use to stop until it is paid for.

Do I have to hand over the raw files?

Not unless the terms say so or a separate fee is agreed. The usual position is that the client receives edited images under licence and the raw files stay with the photographer.

The client cancelled the shoot the day before. Can I charge?

If the terms set a notice period inside which cancelled shoots are charged, yes, because the day cannot be resold. State the notice period in the booking confirmation.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for a video production company
• Terms and conditions for a wedding photographer

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.