Mark Hardy Creative Terms and Conditions
Updated November 2025
When using the services and products of Mark Hardy Creative, you agree to be legally bound by the following terms and conditions.
These terms and conditions apply to all commissions and associated work undertaken by Mark Hardy.
By confirming your commission by email, you agree to be bound by these Terms and Conditions, as amended from time to time.
In these terms and conditions, “Mark Hardy,” “his,” or “I” refers to Mark Hardy Creative.
“Client,” “you,” “your,” or “vendor” refers to the commissioning client, company, or person instructing or placing an order for any service to be carried out by Mark Hardy.
1. Pricing
Prices may be amended at any time. If a quoted price changes, notice will be provided before confirmation. Any price increases will not affect projects already confirmed unless the project scope changes.
2. Copyright and Usage
All copyright and intellectual property rights in all works, images, and content produced remain exclusively owned by Mark Hardy.
Usage rights for the commissioned content are granted for the sole marketing use of the commissioning client, both online and in print, upon full payment of the agreed fee.
Third-Party Use
Content may not be sold, licensed, or assigned to third parties (including vendors, suppliers, or partner businesses) without prior written consent from Mark Hardy.
An additional licensing fee applies per third party, payable before any content is shared.
If content is distributed to third parties without permission, the commissioning client will be liable for additional fees.
Social-Media Reposting
The client may tag or allow third-party brands to repost the commissioned images or videos on social media, provided that:
Both the client and Mark Hardy are credited where possible; and
The use remains limited to social-media reposting only.
Any other form of usage outside social media — including websites, printed marketing, or paid advertising — requires a separate licence.
Credit
All content published publicly, including in articles or on social media, must credit Mark Hardy Creative unless otherwise agreed in writing.
3. Cancellations and Postponements
Cancellations or postponements must be notified by 5 pm on the day before the booked appointment.
4. Site Readiness and Safety
It is the client’s responsibility to ensure that the site is safe and ready for photography or videography.
Mark Hardy reserves the right to cancel or leave any location deemed unsafe or unsuitable for the planned work.
Any such cancellation will incur the full quoted fee.
Mark Hardy is not responsible for moving heavy furniture or preparing the site; these tasks should be completed before the appointment.
Accidental Damage
All reasonable care is taken on site. Mark Hardy shall not be liable for accidental damage to property, furnishings, or belongings unless caused by proven negligence.
Any claims for damage must be raised within 24 hours of the shoot.
Liability is limited to the total commission fee.
5. Delivery of Content
Images and videos are typically delivered within seven (7) working days after the final shoot, via email or a secure online gallery.
Delays may occur due to unforeseen circumstances. Mark Hardy will communicate any such delay promptly.
6. Force Majeure and Cancellations by Mark Hardy
Mark Hardy reserves the right to cancel or reschedule bookings due to illness, severe weather, traffic disruption, or other external factors beyond control.
In the event of cancellation, every effort will be made to reschedule at the earliest available date.
Mark Hardy shall not be liable for any third-party costs incurred by the client (e.g. cleaners, decorators, or loss of earnings). Clients are encouraged to coordinate such services with confirmed booking dates.
7. Rejection of Commissions
Mark Hardy reserves the right to decline any commission for any reason.
8. Payment Terms
Payment is due upon delivery of the final product unless otherwise agreed.
Late payments are subject to interest as per the Late Payment of Commercial Debts Act 1998 (8 % above the Bank of England base rate).
9. Image Hosting and Storage
All commissioned content is hosted online for at least 60 days and securely archived for up to five years.
While Mark Hardy endeavours to maintain uptime, no liability is accepted for third-party hosting outages.
10. Drone Operations
Drone photography services are offered at Mark Hardy’s discretion, subject to weather, legal, and safety assessments.
If drone services cannot be provided, no discount will apply to unaffected services.
11. Exclusivity
Mark Hardy operates as an independent service provider and is not exclusive to any one client unless explicitly agreed upon in writing.
12. Marketing Use
Mark Hardy reserves the right to use selected commissioned work for marketing, portfolio, or award submissions unless the client requests otherwise in writing prior to the shoot.
13. Liability
Liability for any commission is limited to the total fee paid.
Mark Hardy is not liable for any indirect or consequential loss (including loss of profit or business)
14. Equipment Damage and Safety
Care is taken with all equipment and property.
Minor cosmetic contact (such as scuff marks or incidental touch) that does not require repair is not considered damage.
Clients must inform Mark Hardy in advance of any particularly delicate surfaces or items requiring special handling.
15. Shoot Duration and Additional Requests
The agreed fee covers the shoot as planned.
There are no hourly or overtime charges,the photographer will manage the session to ensure everything is completed within reasonable working hours.
If additional rooms, locations, or major creative changes are requested beyond the agreed scope, a supplementary quote will be provided before continuing.
16. Reshoots
Reshoots may be offered at Mark Hardy’s discretion for technical faults (e.g. exposure, focus) but not for subjective preferences or stylistic changes.
17. Third Parties on Site
If third parties (e.g. stylists, vendors, contractors) are present during the shoot, the client is responsible for ensuring they follow safety protocols and do not disrupt work.
Mark Hardy is not responsible for delays or complications caused by third parties unless prior coordination has been agreed.
18. Client’s Duty to Inform
It is the client’s responsibility to ensure that all relevant vendors, property owners, or occupants are made aware of these terms and conditions and have accepted them prior to commissioning work.
19. Governing Law
These terms and conditions are governed by English law and subject to the exclusive jurisdiction of the courts of England & Wales.
Please note: A copy of these Terms & Conditions can be sent via email upon request