Mark Hardy Creative Terms and Conditions
Terms & Conditions
Last updated: 10 November 2026
These Terms and Conditions apply to photography, videography and associated creative services provided by Mark Hardy Creative.
By accepting a quotation, signing a commission agreement, paying a booking payment or confirming a commission in writing, the Client agrees to these Terms and Conditions, provided they have been made available before the booking is confirmed.
In these terms:
Photographer or Producer refers to Mark Hardy trading as Mark Hardy Creative.
Client refers to the person, business or organisation commissioning the services.
Content refers to photographs, videos and other creative materials produced under the commission.
Where a separate commission agreement or written quotation specifies different arrangements, those agreed terms take precedence over these general Terms and Conditions.
Changes to these Terms and Conditions will apply to future bookings and will not retrospectively alter existing agreements without mutual consent.
1. Quotations and Bookings
All quotations are based on the information and scope of work provided by the Client.
The agreed fee covers the services, locations and deliverables specified in the quotation or commission agreement.
A booking is confirmed once the agreed booking payment has been received and the Client has accepted the applicable terms.
Mark Hardy Creative reserves the right to decline a proposed commission before a booking is confirmed.
2. Pricing and Additional Services
Quoted prices will remain valid for the period stated in the quotation.
Once a commission is confirmed, the agreed fee will not increase unless the scope of work changes or additional services are requested and agreed.
Requests for additional rooms, locations, photography, filming, editing or other deliverables may incur supplementary charges.
Any additional fees will be discussed and agreed before the additional work is undertaken.
Travel, accommodation, parking, location fees and other expenses will be included in the quotation or identified separately where applicable.
3. Copyright and Intellectual Property
Unless expressly agreed otherwise in writing, all copyright and intellectual property rights in photographs, videos and other original creative content produced by Mark Hardy Creative remain with Mark Hardy.
Commissioning and paying for photography or videography does not transfer copyright ownership to the Client.
The Client receives a licence to use the commissioned content in accordance with the agreed terms.
Original RAW files, unedited photographs, unedited footage, project files and working materials remain the property of Mark Hardy Creative and are not included in standard deliverables.
Any third-party music, footage, graphics or other licensed materials incorporated into a production remain subject to their respective licensing conditions.
4. Client Usage Rights
Upon receipt of full payment, the Client receives a non-exclusive licence to use the commissioned content for the purposes specified in the quotation or commission agreement.
Unless otherwise agreed, commercial usage may include:
Company websites and social media
Digital and printed marketing materials
Online and print advertising
Case studies, portfolios and promotional publications
Press releases, editorial submissions and industry awards relating to the Client's business
Territory: Worldwide
Duration: Perpetual, unless otherwise specified
The licence applies only to the commissioning Client and any additional parties expressly named in the agreement.
Usage rights are non-transferable and do not permit resale, sublicensing, stock-library distribution or other independent commercial exploitation by third parties.
Content must not be supplied for inclusion in artificial intelligence training datasets or commercial image-generation libraries without separate written permission.
No usage licence becomes effective until the agreed payment has been received in full.
5. Third-Party Licensing
Where additional businesses, designers, architects, suppliers, subcontractors or other commercial parties wish to use commissioned content independently, additional licensing is required.
Licensing arranged before the shoot
Additional named businesses may be included in the original commission for an additional licensing fee.
The standard fee is 30% of the original project fee per additional business, unless an alternative arrangement has been agreed in writing.
Licensing arranged after the shoot
Separate image or video licences may be purchased by third parties after completion of the commission.
These are charged at the Photographer's prevailing licensing rates, based on the content and intended usage.
Distribution of original files
The Client must not provide original image or video files to third parties for their independent commercial use without prior written permission.
Where unauthorised commercial usage occurs, Mark Hardy Creative reserves the right to seek appropriate licensing fees and any other remedies available under applicable law.
The commissioning Client remains responsible for ensuring that any content supplied to others is distributed within the permissions granted.
6. Social-Media Sharing and Credit
The Client may share commissioned content on its own social-media channels within the agreed licence.
Third-party businesses may repost or share existing Client social-media publications, including through platform-native sharing features or credited reposts, without requiring an additional commercial licence.
Where reasonably possible, both the commissioning Client and Mark Hardy Creative should be credited.
This permission is limited to organic social-media sharing.
It does not authorise independent commercial use by third parties, including:
Placement of content on third-party websites
Embedding social-media content on commercial websites
Independent printed marketing materials
Paid advertising campaigns
Distribution or publication of original high-resolution files for other commercial purposes
These uses require a separate licence.
When commissioned content is published publicly, appropriate credit to Mark Hardy Creative should be provided wherever reasonably practicable, unless otherwise agreed in writing.
7. Payment Terms
Unless otherwise agreed in writing:
A booking payment of 50% of the agreed commission fee is required to secure the shoot date.
The remaining balance becomes payable when the completed content is ready for delivery.
Full-resolution content and the associated usage licence will be released upon receipt of payment in full.
Alternative payment arrangements must be agreed in writing.
For qualifying business-to-business transactions, overdue invoices may incur statutory interest at 8% above the Bank of England base rate under the Late Payment of Commercial Debts (Interest) Act 1998, together with applicable statutory recovery costs.
Mark Hardy Creative reserves the right to suspend the release of outstanding deliverables while payment remains overdue, subject to applicable law and agreed contractual obligations.
8. Cancellations and Postponements
The Client must notify Mark Hardy Creative of any cancellation or postponement as soon as reasonably possible.
Notice should be provided by 5 pm on the day before the scheduled appointment at the latest.
The booking payment is made to reserve the agreed date and compensate for booking administration and the commitment of working time.
In the event of cancellation by the Client, this payment is normally non-refundable, subject to applicable law and the requirement that any amount retained is reasonable and proportionate to the circumstances.
Where cancellation or postponement occurs after the specified deadline, additional charges may apply, up to the full agreed commission fee where reasonably justified by lost working time, unavoidable expenses or other losses arising from the late cancellation.
Cancellation charges will take account of costs saved, work already completed and reasonable opportunities to reduce losses. Charges will not duplicate amounts already retained.
Requests to reschedule are subject to availability. Any additional expenses or changes in project scope will be discussed before a new date is confirmed.
Nothing in this section overrides applicable statutory cancellation or refund rights.
9. Site Readiness, Access and Safety
The Client is responsible for ensuring that the location is accessible, safe and appropriately prepared for photography or videography at the agreed start time.
This includes arranging any necessary:
Cleaning, styling and presentation
Furniture placement and room preparation
Access permissions and security arrangements
Removal of unnecessary equipment, vehicles or obstructions
Notification of hazards or particularly delicate surfaces and furnishings
Mark Hardy Creative is not responsible for heavy furniture moving, cleaning or preparing the property unless this has been specifically agreed.
The Photographer may pause, adapt or postpone work where site conditions create a significant safety risk or prevent the agreed services from being undertaken.
Any associated charges will be assessed reasonably, taking into account the cause of the delay, work completed and unavoidable costs.
10. Property Permissions and Client Responsibilities
The Client is responsible for ensuring that appropriate permissions have been obtained for access to and photography or filming of the agreed location.
Where the Client is acting on behalf of a property owner, business or other party, the Client must ensure the relevant parties are aware of the planned work and any applicable confidentiality or access restrictions.
The Client must inform Mark Hardy Creative in advance of any restrictions relating to private spaces, sensitive information, identifiable individuals or protected materials.
The Client is responsible for obtaining permissions needed for its intended publication or marketing use, including any relevant permissions from people appearing in the content, where required.
Each party remains responsible for complying with applicable privacy and data protection law in relation to its own activities.
11. Shoot Duration and Changes to Scope
The agreed fee covers the planned photography or videography services.
Mark Hardy Creative does not normally charge hourly overtime for work completed within the originally agreed scope and reasonable working arrangements.
The Photographer will manage the session to achieve the agreed brief, taking into account the available time, property conditions and practical limitations.
Additional rooms, locations, significant changes in creative direction or substantial extra work may require a supplementary quotation.
The Photographer is not responsible for delays caused by incomplete preparation, restricted access or changes to the agreed brief.
12. Photography, Filming and Creative Direction
All services will be carried out with reasonable care and professional skill.
Mark Hardy Creative retains professional discretion over composition, lighting, camera placement, editing techniques and selection of final content, consistent with the agreed brief.
The appearance of completed content may be affected by weather, natural light, property presentation, access restrictions and other conditions outside the Photographer's control.
Specific lighting conditions, weather, views or visual effects cannot be guaranteed unless expressly agreed as deliverables subject to suitable conditions.
13. Drone Photography and Videography
Drone operations are subject to suitable weather, location restrictions, airspace requirements, necessary permissions and the Photographer's safety assessment.
All flights will be conducted in accordance with applicable UK Civil Aviation Authority requirements.
Mark Hardy Creative reserves the right not to undertake a flight where doing so would be unsafe or unlawful.
Where drone work forms part of a broader photography or video commission, the inability to conduct a flight does not automatically affect fees for other services successfully completed.
Where drone services have been separately itemised and cannot be provided, an appropriate alternative, rescheduling arrangement or adjustment to the relevant fee will be discussed.
14. Delivery of Content
Delivery arrangements will be confirmed in the relevant quotation or commission agreement.
Unless otherwise agreed, normal delivery periods are:
Photography: Within 7 working days of the completed shoot.
Videography: Within 14 working days of the completed shoot.
These periods apply to the agreed edited deliverables.
Delivery will usually be provided through a private digital download link or another agreed electronic method.
Unforeseen circumstances may occasionally affect delivery schedules. Where this occurs, the Client will be informed as soon as reasonably practicable.
15. Editing, Revisions and Reshoots
Mark Hardy Creative will use reasonable care and professional skill when producing the agreed deliverables.
If a material technical fault attributable to the Photographer prevents the agreed brief from being fulfilled, an appropriate correction, replacement or other remedy will be discussed and provided in accordance with applicable contractual and statutory obligations.
Subjective preferences or changes in creative direction after the shoot do not ordinarily entitle the Client to a free reshoot.
Requests for additional editing, substantial revisions or new material outside the agreed brief may be subject to additional charges.
The Client should notify the Photographer of any concerns promptly, providing reasonable details so they can be assessed.
16. Online Hosting and Digital Storage
Commissioned content will normally remain available through the delivery service for at least 60 days following its initial release.
The Client is responsible for downloading and securely backing up the delivered content.
Mark Hardy Creative may retain archived copies of completed projects for up to five years for legitimate business purposes, subject to the applicable privacy and retention policies.
Long-term archiving is not guaranteed, and the availability of archived files should not be relied upon as a substitute for the Client's own backups.
Although reasonable care is taken when selecting and using delivery services, temporary interruptions or failures involving third-party hosting providers may occur.
Where a delivery failure is attributable to Mark Hardy Creative, reasonable steps will be taken to restore access or provide an alternative delivery method.
17. Accidental Damage and Liability
Mark Hardy Creative maintains public liability insurance and takes reasonable precautions to protect property, furnishings and equipment during commissioned work.
Any claim relating to accidental damage will be assessed according to the circumstances and applicable law.
The Photographer is not responsible for damage caused solely by pre-existing defects, unsafe conditions or events beyond reasonable control.
The Client should notify Mark Hardy Creative of any suspected damage as soon as reasonably practicable, ideally within 24 hours, so that the circumstances can be investigated.
For commercial commissions, liability for direct financial losses arising from breach of contract may, where reasonable and legally permissible, be limited to the agreed commission fee.
This limitation does not apply to physical property damage caused by negligence or to any liability that cannot lawfully be restricted.
Mark Hardy Creative will not be liable for indirect or consequential business losses, including loss of anticipated profits, to the extent that such exclusions are permitted by law and are reasonable.
Nothing in these terms excludes or restricts liability for death or personal injury caused by negligence, fraud or any other liability that cannot lawfully be excluded.
18. Equipment Safety and Special Precautions
Mark Hardy Creative takes reasonable care when using lighting, cameras, tripods, support equipment and other professional apparatus on location.
The Client must identify any particularly fragile items, sensitive surfaces or unusual property conditions before work begins.
Where additional precautions are necessary, these should be discussed with the Photographer in advance.
Minor contact with furnishings or surfaces does not automatically constitute compensable damage where no actual loss or repair is required.
Any genuine damage arising from negligence will be assessed in accordance with Section 17.
19. Third Parties Attending the Shoot
Where stylists, contractors, suppliers, homeowners or other third parties attend a shoot, the Client is responsible for coordinating their attendance and ensuring that their activities do not unreasonably interfere with the agreed work.
Mark Hardy Creative will cooperate with other professionals where practical, but additional time or work required because of third-party delays may be subject to further agreement.
The Client remains the primary point of contact unless otherwise agreed.
20. Unforeseen Circumstances and Photographer Cancellation
If Mark Hardy Creative is unable to fulfil a booking due to illness, severe weather, significant travel disruption, equipment failure or other circumstances beyond reasonable control, the Client will be notified as soon as reasonably possible.
Reasonable efforts will be made to arrange a mutually acceptable alternative date.
Where the commission cannot proceed and no suitable alternative is agreed, payments relating to services not supplied will be refunded.
Neither party will be responsible for losses caused by circumstances beyond reasonable control except where applicable law requires otherwise.
Any liability for third-party costs, such as cleaners, decorators, contractors or loss of earnings, will be assessed in accordance with the applicable law and agreed contractual terms.
21. Portfolio, Marketing and Confidentiality
For commercial commissions, Mark Hardy Creative may use selected completed content for professional portfolio purposes, website publication, social media, promotional materials, industry awards and editorial features.
This permission is subject to any confidentiality restrictions, non-disclosure agreements or other arrangements agreed with the Client.
Clients should notify the Photographer before the shoot of any restrictions relating to confidential projects, private residences, security-sensitive spaces or property-owner requirements.
Content commissioned by an individual for private and domestic purposes will not be published by Mark Hardy Creative without the necessary permission.
Mark Hardy Creative will take reasonable care not to disclose confidential information encountered during commissioned work.
22. Exclusivity
Mark Hardy Creative operates as an independent creative service provider.
No commission creates an exclusive working arrangement or prevents the Photographer from undertaking work for other businesses, including those operating in the same industry, unless exclusivity has been expressly agreed in writing.
23. Privacy and Data Protection
Personal information received during the booking, production and delivery process will be handled in accordance with applicable UK data protection legislation.
Client information will be used for legitimate business purposes, including communication, scheduling, invoicing, fulfilment of commissions and associated record-keeping.
Further details about personal data processing are provided in the Mark Hardy Creative Privacy Policy.
24. Consumer Rights
These Terms and Conditions are primarily intended for commercial commissions.
Where services are commissioned by an individual acting as a consumer, applicable statutory consumer rights take precedence over any inconsistent provision in these terms.
This includes rights relating to the reasonable care and skill of services and, where applicable, cancellation rights for distance or off-premises contracts.
Nothing in these Terms and Conditions removes or restricts rights that cannot lawfully be excluded.
25. Governing Law
These Terms and Conditions are governed by the laws of England and Wales.
Disputes arising from commercial commissions will be subject to the jurisdiction of the courts of England and Wales, subject to any mandatory legal provisions that apply.
If any provision of these Terms and Conditions is found to be unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
A copy of these Terms and Conditions can be provided by email upon request.