Legal Page

Privacy Policy


Michelle Beatty Photography respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

1. Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information on how Michelle Beatty Photography collects and processes your personal data through your use of this website, including any data you may provide through this website when you fill out a contact form.

This website is not intended for children and we do not knowingly collect data relating to children.


Michelle Beatty Photography  is the controller and responsible for your personal data (collectively referred to as "Michelle Beatty Photography” "we", "us" or "our" in this privacy policy).

Contact details

If you have any questions about this privacy policy or our privacy practices, please contact us in the following ways:

Full name of legal entity: Michelle Beatty Photography 

Email address:

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues ( We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the privacy policy and your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

Identity Data includes first name, last name and title

Contact Data includes email address and telephone numbers

Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.

Usage Data includes information about how you use our website.

Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties (if any) and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a service but we will notify you if this is the case at the time.

3. How is your personal data collected?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity and Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

complete a contact form;

request for information sent to you; or

give us feedback or contact us.

Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see our Cookie Policy for further details.

Third parties or publicly available sources. We will receive personal data about you from various third parties. Technical Data from analytics providers such as Google based outside the UK.

4. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where we need to perform the contract we are about to enter into or have entered into with you.

Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Type of Data Lawful basis for processing including basis of legitimate interest
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) Technical (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences Technical
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)


We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us

We may use your Identity, Contact, Technical and Usage Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a service purchase, service experience or other transactions.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out in the table above with the following third parties:

Cloud Storage providers such as OneDrive.

Professional advisers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.

HM Revenue & Customs, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.

Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. International transfers

We do not transfer your personal data outside the European Economic Area (EEA).

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.

7. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9. Your legal rights

You have the right to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

If you want us to establish the data's accuracy.

Where our use of the data is unlawful but you do not want us to erase it.

Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.

You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10. Glossary

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

Cookies Policy


A cookie is a small amount of information that is downloaded to your computer or device when you visit this website. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

How do we use cookies?

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners.

Do Not Track

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Terms & Conditions

1. Application of Terms

These terms and conditions will:

  1. apply to all Projects undertaken by the Photographer for the Client and to all Usage Licences or extended and/or additional Usage Licences relating to such Projects; and
  2. prevail over any inconsistent terms or conditions contained, or referred to, in any correspondence with the Client pertaining to a Project, including but not limited to a purchase order, confirmation of order, acceptance of Estimate, specification or other document supplied by the Client or implied by law, trade custom, practice or course of dealing, unless it is specifically stated to override the terms and conditions herein.

2. Definitions

The following definitions shall apply to these terms and conditions:

  1. Client” means the party hiring or commissioning the Photographer for the purposes of a Project, which shall include the Client’s affiliates, assignees and successors in title;
  2. Day” means working day;
  3. Estimate” means any email or other document electronic or otherwise created by the Photographer and setting out the Fee and Expenses for any Project, along with information as to Usage Licences;
  4. Expenses” means any and all expenses incurred by the Photographer under or in connection with the relevant Project (including but not limited to those incurred in relation to equipment hire, travel expenses, insurance and sub-contractors) as may be agreed with the Client prior to the Project start date;
  5. Fee” means the Photographer’s fees as set out in the Estimate;
  6. Licensed Photographs” means a number of images selected from the Material and as specified in the Estimate as licensed for use in accordance with these terms and conditions;
  7. Material” means all photographic material created by the Photographer pursuant to a Project and includes but is not limited to transparencies, negatives, prints or any other type of physical or electronic material;
  8. Photographer” means Michelle Beatty as a sole trader of Michelle Beatty Photography;
  9. Shoot Duration” means the number of confirmed Days of a shoot whether undertaking consecutively or in separate parts and includes all shoot, travel, recce, preparation or test days; and
  10. Usage Licence” has the meaning given to it in Clause 3.3 below.

3. Estimates

  1. Estimates provided by the Photographer at the Client’s request are based upon information provided by the Client in advance of preparing the Estimate.
  2. Changes to the requirements for a Project before or during a shoot may increase the Fee and Expenses.
  3. Estimates shall specify:
  1. the number and characteristics of Licensed Photographs which the Client shall be entitled to use; and 
  2. the territories in and durations which they may be used,

both of which will constitute the terms of the Usage Licence.

  1. The Client is responsible for checking the Estimate to ensure that it provides for all the required usage.
  2. Unless otherwise agreed in writing, the arrangement and/or agreement of a shoot date(s) shall be deemed to be an acceptance of the Estimate.

4. Conduct of the Shoot

  1. The shoot will be arranged on date(s) mutually agreed between the parties, such date(s) consisting of a nine (9) hour work day, which shall be inclusive of a one (1) hour lunch break.
  2. During the shoot, the Photographer will take account of the Client’s reasonable instructions in respect of the shoot brief.
  3. If the Client is not present during the shoot, the Photographer’s interpretation of the brief shall be deemed acceptable to the Client.
  4. In the event that the shoot exceeds the hours stipulated in Clause 4.1 above, the Photographer reserves the right to charge overtime for each hour worked overtime at a rate of 15% of that day rate (as stipulated in the relevant Estimate) per hour. 

5. Cancellation of the Shoot

If a confirmed shoot is canceled or postponed for reasons outside the control of the Photographer (including but not limited to unsuitable weather or lighting conditions), the Photographer reserves the right to charge a cancellation fee at the following rates together with all incurred expenses:

  1. where the Shoot Duration is two (2) days or less,
  1. cancellation on two (2) days’ notice or less — 100% of Fee and all Expenses; 
  2. cancellation on three (3) to six (6) days’ notice — 75% of Fee and all Expenses; and
  3. cancellation on seven (7) days’ notice and over — 50% of Fee and all Expenses,
  1. where the Shoot Duration is more than two (2) days and on notice of cancellation equivalent to:
  1. the Shoot Duration of less — 100% of Fee and all Expenses; or
  2. twice the Shoot Duration — 75% of Fee and all Expenses; or
  3. in excess of twice the Shoot Duration — 25% of Fee and all Expenses.

6. Acceptance & Delivery

  1. Following completion of the shoot, the Photographer will deliver the Material to the Client as soon as reasonably practicable and in the agreed format to enable the Client to select the Licenced Photographs.
  2. Unless expressly agreed in writing between the parties, the Client shall not be entitled to reject the Material on the basis of style or composition.
  3. If the Client elects to reject the Material on any other basis, they shall be liable to pay to the Photographer 100% of the Fee and Expenses in respect of the Project or the relevant day rate for each day stated in the Estimate with Expenses incurred, whichever is greater.

7. Storage of Material

  1. The Client shall ensure that they take appropriate steps to keep safe a high resolution digital copy of all Material for the duration of the Usage Licence. For the avoidance of doubt, CD/DVD archives are not deemed safe storage media. The Client acknowledges that the Photographer will not archive any Material unless by prior written agreement.
  2. Save for the purposes of the Usage Licence, the Material may not be stored in any electronic medium nor transmitted to any third party, including for the avoidance of doubt any associates, branch office or any other affiliate of the Client, without the written permission of the Photographer.
  3. Upon publication of the Licenced Photographs or any of them and on the Photographer’s request, the Client shall supply to the Photographer free of charge a high-resolution digital file, PDF format file or good quality hard copy of the Licenced Photograph in the context in which it is published.

8. Copyright & Usage Licences

  1. The entire copyright in the Material and ownership of all physical materials is retained by the Photographer at all times throughout the world.
  2. The Photographer is responsible for informing the Client of the extent and limitations of all Usage Licences.
  3. Upon payment in full of both the Fee and Expenses for a Project, the Photographer grants to the Client the right to use the Licenced Photographs on the express terms of the Usage Licence. No use may be made before payment without the Photographer’s express agreement in writing.
  4. Provided that the Client has paid in full all invoices relating to the Project, the period of use specified in the Usage Licence commences from the date of first use or six (6) months after the shoot date, whichever is sooner (unless otherwise agreed).
  5. Usage of the Licenced Photographs is limited to use of such images as provided by the Photographer and the Client shall not manipulate any Licenced Photograph or make use of only part of any individual image without the prior written permission of the Photographer.
  6. The Client may only sub-licence the rights to use the Licenced Photographs as agreed by the Photographer and strictly on the terms of the Usage Licence.
  7. The Client may not use the Licenced Photographs in relation to any additional products not specified in the Usage Licence.
  8. Any licence to use the Licenced Photographs shall be automatically revoked if payment in full of both Fee and Expenses for a Project is not received by the due date specified in the relevant invoices or if the Client becomes insolvent or is put into receivership or is subject to any of the matters set out in Clause 19.1.2 below.

9. Additional/Extended Usage

  1. The Fee is based on the Usage Licence as specified in the Estimate, any additional or extended use will attract an additional fee which must be agreed by the Photographer in advance.
  2. Any estimates of additional or extended usage licence fees provided to the Client are valid for a period of three (3) months from the date of the estimate only (unless otherwise notified in writing).
  3. The Client acknowledges that such estimates provided in relation to any additional or extended use do not include provision for any third party rights which are the responsibility of the Client pursuant to Clause 11 below.
  4. Any extended or additional use made without the permission of the Photographer shall be treated as a flagrant disregard for the Photographer’s copyright and shall attract an enhanced fee at the maximum percentage stated in the Association of Photographers’ re-usage guidelines.

10. Exclusivity

  1. All Usage Licences granted by the Photographer to the Client shall be exclusive licences.
  2. After expiry of the exclusivity period, the Photographer shall make such use of the Material including the Licenced Photographs as they see fit.
  3. Nothing in this clause shall prevent the Photographer from using the Material in any form and in any manner worldwide for the purpose of promoting their services.

11. Third Party Rights

  1. Engagements of third party suppliers (including but not limited to models) are subject to such terms and conditions as those parties may impose which shall be available on request.
  2. Estimated model fees cover modelling time only and the Client shall be responsible for clearing model usage unless otherwise stated on the estimate.
  3. Items created specifically for the shoot shall remain the property of their creator unless agreed otherwise.
  4. The Photographer shall not be responsible for obtaining any clearances in respect of third party copyright works, trade marks, designs or other intellectual property used in relation to the Project or any Usage Licence or extension thereof unless expressly agreed in writing prior to the shoot.

12. Credits

In respect of all editorial uses and otherwise as additionally stated in the Estimate, the Client shall procure that the Photographer’s name is printed on or in reasonable proximity to all published reproductions of the Licenced Photographs.

13. Payment of Fees

  1. Upon receipt of an invoice as prepared by the Photographer, the Client shall pay to the Photographer the amounts set out in the invoice within thirty (30) calendar days,  in the method described on such invoice.
  2. The Photographer reserves the right to charge interest on any late payments at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until the date on which payment is received  by the Photographer.
  3. Usage Licence and any other third party fees negotiated by the Photographer are payable regardless of whether Licenced Photographs are in fact used by the Client.
  4. All payments are due in pounds sterling unless expressly stated otherwise.

14. Expenses

  1. All expenses and production costs must be paid in advance of the shoot unless otherwise agreed in writing and such invoices in relation to those expenses and production costs are due on presentation.
  2. All expenses figures provided in advance of a shoot are estimates only and the Client should allow a minimum 10% contingency budget in all cases. All estimated costs are stated exclusive of VAT.
  3. The Photographer will endeavour to work within the agreed cost estimate, but individual costs within the estimate may vary at their discretion to enable the most effective pursuance of the Project.
  4. Receipts for expenses can only be provided if requested prior to confirmation of the shoot. Provision of receipts will incur an accountancy charge of 1.5% of total costs and fees incurred in respect of the Project, subject to a minimum charge of £250 and a maximum of £600.
  5. Where additional expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise at the Client’s request, the Client shall be liable to pay such additional expenses and additional fees at the Photographer’s normal rate.

15. Return of Materials

Within thirty (30) days of expiry of any Usage Licence, the Material must be returned to the Photographer in good condition and any digital files stored by the Client must be deleted or erased in its entirety.

16. Indemnity

The Client shall indemnify the Photographer and keep them indemnified and their respective officers and employees on a continuing basis against all liabilities, claims, costs, damages and expenses claimed or incurred (including reasonable and direct legal costs) or licence fees due by reason of any infringement claim, or alleged infringement, of any intellectual property rights relating to any failure by the Client to obtain third party clearances or arising out of use of the Material by the Client outside of the Usage Licence or otherwise as a result of any breach by the Client of these terms.

17. Limitation of Liability

  1. The Photographer shall not be liable to the Client for any loss of profit, loss of contracts, loss of business or revenues, loss of production or for any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Photographer, the Photographer’s servants or otherwise) which arise out of or in connection with the shoot.
  2. The Photographer’s maximum aggregate liability for all losses, damages, costs, claims and expenses howsoever or whensoever arising out of or in connection with these Terms and Conditions shall in any event be limited to the total amount of the agreed fees paid to the Photographer in relation to the relevant Project.
  3. Notwithstanding the above, nothing in these terms excludes or limits the liability of the Photographer for death or personal injury caused by the Photographer’s negligence or that of his/her employees, agents or sub-contractors, for any fraudulent statement or act or for any matter which it would be illegal to exclude.
  4. The Photographer hereby disclaims any warranties, conditions and other terms on or relating to the services hereunder or any parts thereof which might otherwise be implied whether by statute, law, custom, course of dealing or otherwise, including without limitation any warranty, condition, or other terms of merchantability, quality, fitness for purpose or non-infringement to the fullest extent permitted by law.

18. Confidentiality

  1. The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence for the purposes of the Project, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the Project.
  2. It shall be the sole responsibility of the Client to arrange for any third party involved in the Project to enter into any confidentiality agreement.
  3. The Photographer will not be liable for any breach of confidentiality by any third party.

19. Termination

  1. Either party will be entitled to terminate these Terms and Conditions immediately by giving written notice to the other if the other party:
  1. commits a material breach of these Terms and Conditions and fails to remedy that breach within thirty (30) days after receipt of written notice requesting its remedy; or
  2. is the subject of a bankruptcy order or becomes insolvent or makes any arrangement or composition with or assignment for the benefit of its creditors or if any of the other party’s assets are the subject of any form of seizure, or the other party goes into liquidation either voluntary (otherwise than for reconstruction or amalgamation) or compulsory, or a receiver or administrator is appointed over the other party’s assets.
  1. On termination or expiry of these Terms and Conditions for whatever reasons:
  1. The Client shall pay all sums due and owing the date of which will be automatically accelerated to the date of termination - this shall apply only to work actually completed. No Fees will however be due if the Termination is a result of a breach by the Photographer in accordance with Clause 17 above;
  2. The provisions of Clauses 2, 3.3, 7, 8, 9, 10, 11, 12, 15, 16 17 and 18 shall survive expiry or termination.
  1. Any termination and/or suspension of these Terms and Conditions shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party.

20. Force Majeure

The Photographer shall not be liable for any failure or delay in the performance of any of such party’s obligations under these Terms and Conditions caused by any circumstances beyond such party’s reasonable control.

21. Miscellaneous

  1. Waiver

No delay or omission by a party in exercising any right or remedy under these Terms and Conditions shall operate to impair such right or remedy or be construed as a waiver thereof. Any single or partial exercise of any such right or remedy shall not preclude any further exercise or the exercise of any other right or remedy.

  1. Assignment/Sub-contracting

Neither party shall be entitled to assign, transfer, delegate or sub-contract the whole or any part of its rights and obligations under these Terms and Conditions without the prior written consent of the other party (such consent not to be unreasonably withheld or delayed).

  1. Notices

Any notice under these Terms and Conditions shall be duly given if: (a) delivered personally; or (b) sent by pre-paid post, in which case it shall be deemed to have been received 48 hours after posting; or (c) sent by fax, in which case it shall be deemed to have been received when transmitted; or (d) sent by email, in which case it shall be deemed to have been received once sent.

  1. Entire Agreement and Variation

These Terms and Conditions and the Estimate constitute the entire agreement between the parties with respect to the subject matter.

  1. Severability

If any part of these Terms and Conditions is found by any court or other competent authority to be invalid, unlawful or unenforceable then such part shall be severed from the Agreement and the remainder shall continue to be valid and enforceable to the fullest extent permitted by law.

  1. Relationship

Nothing in these Terms and Conditions shall be construed so as to give rise to any agency, joint venture, partnership or relationship of employer and employee.

  1. Third Party Rights

The provisions of these Terms and Conditions are for the benefit of the parties and are not intended to confer upon any person except the parties any rights or remedies hereunder. No person who is not a party to these Terms and Conditions shall have any right to enforce any of its terms pursuant to the Contracts (Rights of Third Parties) Act 1999.

  1. Law and Jurisdiction

These Terms are governed by English law, the parties hereby irrevocably submit to the non-exclusive jurisdiction of the English Courts save in respect of the enforcement of debts in which case such jurisdiction shall be non-exclusive.