SITE POLICIES

INTRODUCTION

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client", "you", "your") and Casey Gardner, a professional content creator operating as a sole trader in the United Kingdom ("we", "us", "our"). These Terms govern all interactions, bookings, and transactions related to the provision of photography, videography, content creation, and associated services.

By accessing our website, making a booking, or otherwise engaging our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms, which shall apply to all Services rendered unless varied by a written agreement signed by both parties. These Terms are drafted to protect both parties, clarify the scope and limitations of our obligations, and ensure compliance with applicable UK laws. If you do not agree to these Terms, you must refrain from commissioning our Services.

Our separate Privacy Policy sets out how we collect, use, store, and protect your personal data, and forms an integral part of this Agreement.

1. DEFINITIONS & INTERPRETATION

1.1. In these Terms, the following expressions shall have the meanings ascribed to them below unless the context otherwise requires:

• “Agreement” means these Terms, together with any supplemental documents referenced herein or otherwise agreed in writing;

• “Client” refers to any individual or entity that commissions Services from us;

• “Services” includes all activities undertaken by Casey Gardner in relation to photography, videography, content creation, pre-production consultation, and post-production editing;

• “Deliverables” means any photographs, video files, digital content, or related material produced and supplied as part of the Services;

• “Content” includes, but is not limited to, raw footage, final edits, photographic stills, and design elements;

• “Session” refers to any scheduled time and date where Services are to be performed;

• “Third-Party Services” means any external services used for payment, storage, or transfer of content, including banking and file hosting platforms.

1.2. Words denoting the singular shall include the plural and vice versa. References to legislation include amendments and re-enactments. Headings are for convenience only and shall not affect interpretation.

2. SCOPE & ACCEPTANCE OF TERMS

2.1. These Terms apply to all Services provided by us unless specifically varied in writing and signed by both parties. Any verbal agreements, informal understandings, or conflicting terms supplied by the Client are expressly excluded unless formally integrated into a signed document.

2.2. By engaging us—whether through direct communication, online contact forms, social media, or third-party platforms—you affirm that you have read, understood, and agreed to these Terms. If you are acting on behalf of a third party, you warrant that you have full authority to bind that party to this Agreement.

2.3. We reserve the right to update or revise these Terms at any time. Continued engagement following any update shall constitute your acceptance of the modified Terms. It is your responsibility to review the current version prior to each booking.

3. SERVICES PROVIDED

3.1. Casey Gardner provides professional services including but not limited to:

• On-site or studio-based photography and videography;

• Digital content creation tailored to the Client’s brief;

• Pre-production support (concept development, mood boards, shot planning);

• Post-production services (colour grading, editing, formatting, delivery optimisation).

3.2. The precise scope of each project will be agreed in writing prior to commencement. Any work not explicitly listed in the agreed scope shall be deemed an additional service, subject to separate quotation and approval.

3.3. We make no guarantee regarding the suitability of the Content for purposes beyond those stated by the Client at the time of booking. Artistic interpretation, technical decisions, and stylistic choices remain at our discretion unless otherwise agreed.

4. BOOKINGS & PROJECT COMMENCEMENT

4.1. All bookings must be confirmed in writing via email, contact form, or platform messaging. A booking shall be considered provisional until expressly confirmed by us. We are not obliged to reserve a date or commence work until such confirmation is received.

4.2. We may, at our discretion, request a deposit or signed agreement before undertaking any work. Where requested, no project shall begin until these conditions are met.

4.3. We reserve the right to decline bookings that fall outside our expertise, exceed current capacity, conflict with ethical considerations, or may pose repetitional risk.

4.4. In addition to the above, you hold the right to request to view Casey Gardner's public liability and/or gear insurance and agree to uphold the conditions outlined within this policy and that of the insurance provider.

4.5. Casey Gardner holds the right to charge or claim from client(s) and/or their insurance should any injury or damage occur to individual(s) health and/or that of equipment, and/or vehicles involved that is not as a result of Casey Gardner's actions or doings.

5. CLIENT OBLIGATIONS & COOPERATION

5.1. The Client agrees to:

• Provide clear, accurate, and timely information necessary to perform the Services;

• Communicate professionally and respond to requests for feedback or clarification without undue delay;

• Secure access to venues, locations, or digital resources as required for the assignment;

• Be present or ensure representation during shoots, where applicable, to offer direction or approval.

5.2. Failure to meet these obligations may result in delays, additional costs, or termination of the project. We shall not be held liable for any negative impact resulting from Client non-cooperation or misinformation.

6. GROUP BOOKINGS & REPRESENTATIVE AUTHORITY

6.1. Where a Client engages our Services on behalf of a group, event, or other individuals, they warrant and represent that:

• All individuals involved have granted informed and unambiguous consent to participate;

• The Client has conveyed the substance of these Terms to those individuals;

• The Client accepts responsibility for any legal consequences arising from lack of consent.

6.2. We shall not be held responsible for any unauthorised use of personal likenesses, data, or content where the Client has failed to secure the necessary permissions.

7. FEES, QUOTATIONS & INVOICING

7.1. All pricing is stated in Pounds Sterling (GBP) and is inclusive of standard services only unless otherwise agreed. Custom work, expedited delivery, or extended revisions may incur additional charges.

7.2. Quotations are valid for 14 calendar days and are based on the information available at the time. Any change in brief or scope may result in a revised quotation.

7.3. Invoices shall be issued digitally and payment is due in accordance with the terms stated therein. Late payments may attract statutory interest and/or an administrative fee, and may result in the suspension of further work.

8. PAYMENT METHODS & THIRD-PARTY PROCESSORS

8.1. All payments are to be made electronically, typically through a secure payment link or bank transfer. We do not accept cash or cheque payments unless otherwise agreed in writing.

8.2. For security and compliance, we process payments via third-party providers such as Monzo. Clients understand and accept that payment data is handled in accordance with those providers’ terms and privacy practices.

8.3. We accept no liability for issues arising from the use of third-party platforms, including but not limited to service interruptions, fraud, or unauthorised access.

9. CANCELLATIONS, POSTPONEMENTS & REFUNDS

9.1. Cancellations must be communicated in writing. If a confirmed booking is cancelled by the Client:

• More than 7 days prior to the scheduled date: no penalty;

• Within 48 hours: deposit or 50% of agreed fee (whichever is higher) is forfeited;

• Within 24 hours: 100% of the agreed fee is payable.

9.2. Rescheduling is subject to availability and must be agreed no later than 48 hours prior to the session. One complimentary reschedule may be granted; subsequent changes may incur a fee.

9.3. Should Casey Gardner be unable to attended any date(s) booked due to illness, personal circumstances or life matters, as determined by Casey Gardner, then every effort will be made to rearrange and/or find a suitable replacement to undertake the work as quoted. This process will be communicated through-out with the client. 

9.4. Any photography, videography, digital content creating, and/or any additional workload that is being undertaken in an outside environment without the appropriate cover as deemed by Casey Gardner then, Casey Gardner holds the right to rebooking and/or changing the date should weather or environmental changes risk the result of not being unable to undertake quoted workload and/or that may cause harm and/or damage to individuals, equipment or public liability. 

9.5. Refunds are not offered once work has commenced, unless required under statutory consumer protection laws. Any discretionary refund is made without prejudice and shall not constitute a waiver of rights.

10. DELIVERY OF WORK & CLIENT APPROVAL

10.1. Deliverables shall be provided in digital format via a secure download link or cloud-based transfer system or by other means that are communicated at time of booking. Delivery methods may vary depending on the size and nature of the files.

10.2. The Client shall have 5 working days from delivery to review the Content and raise any reasonable concerns or request revisions within the agreed scope. Failure to do so shall be deemed acceptance.

10.3. Once the Deliverables have been accepted—either explicitly or by lapse of the review period—the project will be considered complete. We bear no further obligation for file storage, replacement, or archival unless otherwise contracted.

11. POST-DELIVERY LIABILITY & ARCHIVING

11.1. Upon delivery and subsequent approval of the Deliverables, all liability for loss, corruption, or deletion of content shall transfer to the Client.

11.2. Unless otherwise agreed in writing, we do not guarantee storage or long-term archiving of any raw or final content following acceptance. It is the Client’s responsibility to securely store all files after receipt.

11.3. We may, at our discretion, retain copies of content for use in our portfolio or future reference. However, such retention shall not imply any obligation to the Client for future retrieval, backup provision, or reissue.

12. PORTFOLIO & PROMOTIONAL USAGE RIGHTS

12.1. Unless expressly declined in writing before commencement of the project, the Client grants Casey Gardner a perpetual, non-exclusive, royalty-free licence to display and reproduce the Deliverables for the purpose of:

• Promoting his services through his website, social media, or professional portfolios;

• Submitting to awards, exhibitions, or industry showcases;

• Demonstrating previous work to prospective clients.

12.2. Clients may opt out of this usage by providing written notice prior to the commencement of Services. Opting out post-delivery is not retroactive and shall not affect existing usage.

12.3. Under no circumstances will personal or sensitive data be shared publicly without explicit consent.

13. COPYRIGHT, INTELLECTUAL PROPERTY & USAGE LICENCES

13.1. All intellectual property rights in the Deliverables remain vested in Casey Gardner unless otherwise stated in a signed contract.

13.2. Upon full payment, the Client is granted a non-transferable, non-exclusive licence to use the Deliverables for the purpose stated at the time of booking (e.g., personal use, business promotion, etc.).

13.3. The Client may not modify, sell, distribute, or sublicense the Content without prior written consent.

13.4. Usage beyond the original scope, including commercial or promotional use by third parties, must be licensed separately and may be subject to an additional fee.

14. REVISIONS, EDITS & AMENDMENTS

14.1. The Services include a pre-agreed number of revisions, typically limited to minor changes and adjustments that do not alter the scope of the original brief.

14.2. Requests for revisions must be made within 5 working days of content delivery. Beyond this period, further edits may be treated as new work and quoted accordingly.

14.3. Extensive revisions, changes to the core aesthetic or structure of the content, or requests outside of the original brief shall be subject to additional charges.

14.4. We reserve the right to determine whether a request constitutes a revision or a new commission.

15. CONFIDENTIALITY & DATA PROTECTION

15.1. We are committed to maintaining the confidentiality of all private information shared by the Client in the course of providing Services.

15.2. Personal data (including name, contact details, project notes, and communications) will be collected, used, and stored strictly in accordance with our Privacy Policy and the UK General Data Protection Regulation (UK GDPR).

15.3. Information will not be shared with third parties except where necessary for service delivery (e.g., file transfer, payment processing) or required by law.

16. USE OF SUBCONTRACTORS & ASSISTANTS

16.1. We reserve the right to engage subcontractors, freelancers, or assistants to fulfil part of the Services, including editing, second shooting, or technical support.

16.2. All such subcontractors will be bound by confidentiality obligations and expected to uphold the same standard of quality and professionalism.

16.3. We remain the primary point of contact and retain responsibility for all Deliverables, unless otherwise agreed in writing.

17. LIMITATION OF LIABILITY

17.1. To the fullest extent permitted by law, we shall not be liable for:

• Loss of profits, revenue, or anticipated savings;

• Indirect, incidental, or consequential damages;

• Any delay, failure, or defect resulting from causes beyond our reasonable control.

17.2. In the event that liability is established, our total aggregate liability shall be limited to the amount paid by the Client for the Services in question.

17.3. Nothing in these Terms shall limit or exclude liability for death or personal injury caused by negligence, fraud, or any other liability that may not be excluded under law.

18. FORCE MAJEURE

18.1. We shall not be held liable for any delay, failure, or non-performance arising from circumstances beyond our control, including but not limited to:

• Acts of God;

• Severe weather conditions;

• Equipment failure not caused by negligence;

• Illness, injury, or family emergency;

• Government restrictions or lockdowns.

18.2. In such cases, reasonable efforts will be made to reschedule or offer an alternative arrangement. Refunds or contract terminations will be considered on a case-by-case basis but are not automatically guaranteed.

19. GOVERNING LAW & JURISDICTION

19.1. These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales.

19.2. The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising under these Terms.

20. ENTIRE AGREEMENT, SEVERABILITY & WAIVER

20.1. These Terms constitute the entire agreement between the parties and supersede all prior agreements, understandings, and representations, whether written or oral.

20.2. If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be severed, and the remainder shall remain in full force and effect.

20.3. No waiver of any provision or breach shall be deemed a waiver of any other provision or subsequent breach.