Terms of business
The agreement
A booking is confirmed when we receive a signed quote and the deposit. The quote, together with these terms, forms the agreement between us. Where the two conflict, the quote takes precedence, because it describes the specific job. Nothing said in a telephone call overrides a written quote; if we agree something on the phone, one of us will put it in writing the same day.
Copyright and licensing
Copyright in all photographs remains with Stillwater Studio. What you receive is a licence, described in full in the licensing section of the main page and summarised on every quote. For commercial commissions that licence is perpetual, worldwide, non-exclusive and broad enough to cover any ordinary use in your own marketing. Delivery of files does not transfer copyright, and files may not be resold as photographs or sub-licensed to an unrelated third party without written agreement.
Payment
One third on booking, the balance within fourteen days of delivery, by bank transfer. We work against purchase orders and can invoice a finance address that differs from the person commissioning the work. For commissions over $5,000 we will split the balance into two payments at no extra cost. We do not charge interest on late payment for the first thirty days, after which the statutory rate applies. We reserve the right to withhold publication-quality files until the balance is settled, though in twelve years we have not had to.
Cancellation and postponement
Cancel more than fourteen days ahead and the deposit is refunded in full. Between seven and fourteen days, half is retained. Inside seven days the deposit is retained in full, because that slot is very unlikely to be filled again. Where a shoot is postponed rather than cancelled, the deposit transfers to the new date at no charge for the first move; a second move is treated as a fresh booking. Weather is the exception: if an interior or exterior shoot has to move because of conditions nobody could have planned around, we reschedule once at no charge.
Overruns and changes on the day
If a shoot overruns because of us, the extra time is free. If it overruns because samples arrived late, a room was not ready or an approver could not be reached, we keep going where we can and invoice the additional hours at the rate stated on the quote, in thirty-minute blocks and always agreed out loud before the clock starts. We will tell you before an overrun becomes a problem, usually with about an hour to spare.
Liability and insurance
Our liability for any single commission is limited to the fee paid for that commission. We carry public liability and professional indemnity insurance and certificates are available to any client who needs them for site access. We are not liable for delays caused by circumstances outside our control, including weather, illness, refused site access, or a building not being ready on the agreed date. If we damage something on a location, we will tell you the same day.
If something goes wrong
Tell us straight away. If the images do not do what the brief asked for, we reshoot the frames in question at our own cost, and that has happened a handful of times in twelve years. If the brief itself changed after the shoot, we will still help, but that becomes a new booking. Either way we would rather sort it out than have you quietly use pictures you are unhappy with.
Changes to this page
These terms and this privacy notice are reviewed each January and were last reviewed at the start of this year. Material changes apply to bookings made after the change, never retrospectively to a job already quoted. If we change something that affects an active commission, we will write to you rather than expecting you to notice.
Getting in touch about any of this
Everything on this page is handled by the two partners directly. Write to hello@stillwater.example.com, or use the details on the contact page. There is no legal department to be passed to, which is either reassuring or alarming depending on your last experience of asking a company what it holds about you.