Terms of Service
1. Contract & Variations
(a) ‘Client’ means the person or company purchasing a licence or hiring the Photographer (Nick Dearden / Building Narratives).
(b) Email agreement on dates and estimated fees constitutes a firm, legally binding contract.
(c) These Terms are the only applicable rules and cannot be altered except in writing.
2. Copyright & Ownership
(a) Nick Dearden retains full world copyright to all images under the Copyright, Designs and Patents Act 1988.
(b) Usage rights are granted by licence only. No ownership transfers to the Client or any third party.
3. Usage & Third Parties
(a) Licences only activate upon full payment of the invoice.
(b) Licences are non-transferable. The Client may distribute images to media for standard PR/editorial promotion, but cannot sub-licence, sign syndication forms, or waive the Photographer’s rights.
(c) Third-party editorial use is strictly subject to the Photographer being notified of the publication’s identity prior to image release to coordinate credits and formatting.
(d) Commercial use by third parties (e.g., suppliers, contractors) requires a separate written contract and fee.
4. Image Credit & Byline
(a) All print or digital publications must include the credit: ‘Nick Dearden’.
(b) Instagram features must credit and link to ‘@buildingnarratives’ in the main caption.
(c) Book features require prominent credit at the start of the work.
(d) Uncredited publication triggers an immediate licence suspension and a retrospective fee of £150 per image to the publisher, or a 20% invoice surcharge to the Client, at the Photographer’s discretion.
5. Exclusivity & Alternative Sales
(a) No exclusivity is granted to the Client unless agreed in writing before the shoot.
(b) The Photographer retains the perpetual right to use the images for marketing and to sell separate licences to other project stakeholders.
6. Cancellation & Postponement
(a) Outright Cancellations: 50% of the creative fee is due if cancelled within 48 hours of the shoot; 100% plus expenses if cancelled within 24 hours.
(b) Client Rescheduling: Postponing within 48 hours for non-weather reasons incurs a 20% rescheduling fee.
(c) Weather Rescheduling: No fee applies if postponed in consultation 24+ hours before the shoot. Last-minute or on-site weather delays incur 100% of out-of-pocket expenses.
(d) Expiry: Postponed shoots must be completed within 90 days, or they default to an outright cancellation under 6(a) at 100% fee.
7. Photographer Delays & Force Majeure
(a) If the Photographer must postpone due to illness or gear failure, the shoot will be rescheduled without penalty. The Photographer’s liability is strictly limited to a refund of monies paid.
(b) Delays caused by force majeure (strikes, extreme events) will be rescheduled within 90 days without penalty, though the Client covers non-refundable expenses.
8. Site Readiness
(a) The Client must ensure the site is ready and accessible. Unready sites or denied access will be billed as a 100% outright cancellation under 6(a).
(b) If a shoot proceeds despite site clutter or third-party delays, the Photographer is not liable for a reduced volume of final images, and the full fee remains payable.
9. Shoot Duration & Dusk Coverage
(a) The day rate is results-driven to capture the best light, inherently including evening dusk/twilight sessions where required at no extra cost.
(b) A single fee covers one consecutive calendar date only. Split dates or overnight extensions require additional agreed fees.
10. Variations & Image Manipulation
(a) Clients cannot reject work based on style or composition choices.
(b) Minor cropping for graphic layouts is permitted; all other image alterations are strictly prohibited.
11. Indemnity & Releases
(a) The Client must secure all property, model, or trademark clearances required for the shoot. The Photographer gives no warranties and the Client indemnifies the Photographer against any related legal claims.
(b) The Photographer is not liable for any consequential loss of income or profit.
12. Law & Jurisdiction
(a) This agreement is governed by the laws of England & Wales, and both parties submit to the exclusive jurisdiction of the English courts.