DEFINITIONS
In these Conditions the following expressions shall have the following meanings:“the Photographer” shall mean Joe Clark.“the Client” shall mean the individual, company or other legal entity which contracts for the Services.“the Lead Client” shall mean the Client who contracts directly with the Photographer in a joint commission arrangement and who is solely responsible for the full agreed fee.“Additional Licensee” shall mean any third party to whom a licence is issued on the written instruction of the Lead Client following full receipt of payment.“the Requirements” shall mean the photographic needs specified by the Client, clarified and agreed with the Photographer.“the Artwork” and “the Space” shall mean the subject matter and the environment within which it exists.“the Services” shall mean all services Joe Clark agrees to provide to the Client, including setting photographic lighting and shooting, image post-processing, and delivery.“the Contract” shall mean the Contract for Services between the Photographer and the Client.
The formation of the Contract is deemed to be concluded (i) by acceptance of the Photographer’s estimate, or (ii) if no estimate is issued, at the time of the Client instructing the Photographer to provide the Services.
GENERAL
1.1 These terms & conditions govern every contract made between Joe Clark and the Client for the supply of goods and services, and supersede any earlier conditions. They prevail over any written terms & conditions made by the Client.
1.2 Any variation to the terms must be agreed in writing by Joe Clark and the Client or its nominated representative.
1.3 The Client warrants that it is authorised to enter into a contract with Joe Clark and has the authority to accept these terms and conditions.
1.4 Every contract made between Joe Clark and the Client is governed by and shall be construed in accordance with the laws of Germany. Both parties submit to the exclusive jurisdiction of the Courts of Germany.
QUOTATIONS & ESTIMATES
2.1 All prices quoted are exclusive of VAT.
2.2 Charges for photographic services are based either on a time and/or per-shot basis.
2.3 Estimates on timings and costs are available after: a) the Photographer has made a site visit, or b) the Client has sent the Photographer visual and written details of the space and subject matter. An estimate gives an indication only and does not guarantee that final charges and timings will be as initially stated.
2.4 Written quotations are only available where the Photographer is given exact details of the nature of the work and is able to make a site visit. Quotations and estimates are only valid if the required service does not change. Quotations remain valid for up to 30 days.
2.5 Time-based charges of half day and full day rates correspond to periods of up to 4 hours and up to 8 hours respectively. These periods, along with any hourly or added time rate, begin when the Photographer arrives at the location and end when they leave.
2.6 Charges for pre-agreed photography on weekend days are +25% on Saturday and +35% on Sunday.
2.7 Photographic location shoots extending over two or more days may require overnight accommodation and subsistence; this will be pre-agreed at the time of booking and charged at cost to the Client.
2.8 Travel, transportation and delivery are charged at cost.
2.9 Acceptance of the Photographer’s quotations and estimates and making a booking implies acceptance of these Conditions.
BOOKINGS
3.1 When a Client makes a booking with the Photographer they are agreeing to honour payment and settlement of the charges for the services booked.
3.2 The Client is required to inform the Photographer of the delivery date and requirements at the time of booking. If they do not do so it is agreed that no specific delivery date is required, and the Photographer will deliver the images within 7 working days of completing the shoot. Same-day and next-day delivery require prior agreement at the time of booking and are subject to an additional charge.
3.3 If a booking is made for services over a period of more than one day, or a blanket booking is made for a longer period, it is the duration of that period that becomes chargeable, not only the time actually spent performing the service. The Client may ask the Photographer to hold a period of dates, which may be postponed or changed up to:
a) one week before the first date in the period, or
b) the point at which another party wishes to book the same dates, or
c) the point at which an outgoing cost is required of the Photographer in order to provide the service (equipment hire, transportation, etc.).
3.4 The Client is expected to communicate their full requirements at the time of booking. If requirements change during the performance of the service in a way that alters the original scope, the original fee remains valid and any additional charges arising from the new requirements - including downtime caused by the change - will be invoiced separately.
3.5 Any change to requirements after the initial booking may result in additional costs and revised timings. It may not be possible to deliver certain services due to limitations outside the Photographer’s control. All changes must be agreed in writing before they become valid.
3.6 Joint Commissions. Where photography is commissioned on behalf of more than one party, the Photographer contracts exclusively with the Lead Client. The Lead Client is solely responsible for the full agreed fee and for any arrangements with Additional Licensees. The Photographer will issue licences to Additional Licensees only upon written instruction from the Lead Client and following full receipt of payment. Each Additional Licensee’s licence is personal to them and governed by Clause 7. The Photographer accepts no liability arising from any dispute between the Lead Client and any Additional Licensee.
3.7 Deposit. The Photographer reserves the right to require a deposit of up to 50% of the estimated fee before commencing work or reserving dates. Any deposit required will be stated on the quotation or booking confirmation. In the event of cancellation within the periods set out in Clause 10, the deposit will be retained by the Photographer and offset against any cancellation fee due.
PHOTOGRAPHY
4.1 It is the responsibility of the Client to ensure before all photography starts that:
a) the Photographer has been given any necessary instruction as to how the work should be executed.
b) all permissions, authorisations and guidance have been obtained if working within restricted areas.
c) any artwork is correctly installed and positioned and the space is ready for photographing.
d) the Photographer has been notified of any limitations or faults in the supply of electricity or lighting. Failure to ensure these requirements may result in additional costs, inaccurate or misleading images, and charged cancellation or postponement.
4.2 It is the responsibility of the Client to ensure that an authorised representative is available during the shoot to make decisions on their behalf. If no authorised representative is present: a) the Photographer will produce and deliver what he considers to be the best result for every situation covered. b) unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
4.3 It may not be possible to deliver the required images if requirements change after the photography has been completed.
4.4 Any change in photographic requirements during the shoot that demands extra shooting or processing time must be agreed first verbally and then in writing by the Photographer and the Client’s authorised representative. The Photographer reserves the right to decline a change if it is impractical or cannot be carried out within timing or equipment constraints; the original estimated charge remains valid and chargeable.
4.5 Waiting time. Where delays to the shoot arise from the Client’s failure to fulfil the responsibilities set out in Clause 4.1, the Photographer reserves the right to charge a waiting time fee of €100 per hour or part thereof for time lost as a result.
POST PROCESSING & DELIVERY
5.1 Images are delivered at the times pre-agreed at the time of booking, or as renegotiated during the shoot.
5.2 The standard service makes images available for download via a provided link. Download links are active for 30 days from the date of delivery.
5.3 The uploading of images and files to the Client’s server or a third-party server is a chargeable service.
5.4 Post-processing is included in the original quote or estimate. It covers colour calibration, correction of simple distortions, and removal of minor physical blemishes. Images are output in the formats pre-agreed at the time of booking.
5.5 Changing or manipulating images, creating composite images, removing or replacing elements, are all treated as retouching and will be charged as an additional service.
5.6 RAW image files and working-space files are not distributed. 16-bit TIFF final working files are available by agreement between the parties.
5.7 Delivery and archiving. Delivery of images via download link constitutes fulfilment of the Photographer’s delivery obligations. The Client is solely responsible for downloading, archiving, and maintaining copies of all delivered files. The Photographer makes no guarantee of continued storage or availability of delivered files after the download link expires. File replacement, if practicable, is offered at the Photographer’s sole discretion and subject to a fee; no liability is accepted for files that are no longer available.
COPYRIGHT
6.1 Joe Clark retains ownership of all images, including RAW and working files. Images may not be sold or transferred for financial gain without the written agreement of Joe Clark.
6.2 When images are published, Joe Clark should be credited adjacent to the image. For social media the appropriate handle is @joeclark.photo.
6.3 The licence granted varies from job to job and shall be agreed at the time of the estimate and set out on the final invoice.
REPRODUCTION RIGHTS
7.1 The licence to use images comes into effect only once full payment of the invoice has been received by Joe Clark, including any late payment charges that may have been levied.
7.2 Permission in writing may be granted for image use before payment, but this permission will be immediately revoked if payment is not made by the date stated on the invoice.
7.3 Reproduction rights, if and when granted, are strictly limited to the use and period specified on the invoice. Agreement must be reached with Joe Clark before images are used for a different purpose or after the licence period has expired.
7.4 Reproduction rights are not issued exclusively to the Client except where expressly specified.
7.5 Reproduction rights are personal to the Client and may not be assigned. Images may not be loaned or transferred to third parties except for the purposes of the Client exercising its own reproduction rights.
7.6 Reproduction rights are granted by way of licence only. No partial or other assignment of copyright shall be implied.
7.7 Joe Clark reserves the right to decline to supply or grant a reproduction licence to a third party when requested to do so by the Client.
7.8 Joe Clark may request evidence of published use of images in any medium. The Client agrees to provide such evidence within 14 days of the request.
INSURANCE & DAMAGES COVER
8.1 Any artworks entrusted to Joe Clark shall remain at the risk of the Client.
8.2 The Client will insure any artworks on an all-risks basis and provide documentary evidence of the same to Joe Clark, ensuring Joe Clark’s interest is noted on the policy including damage and loss.
8.3 The Client authorises Joe Clark to enter the space and take photographs, and confirms it has the authority to grant such access.
8.4 The Client shall be responsible for obtaining all necessary clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising from any failure to obtain such clearances.
PAYMENT
9.1 The Client will settle the account within 30 days of the date of the invoice (“the Payment Period”).
9.2 If payment is not received within the Payment Period, Joe Clark reserves the right to charge interest on the outstanding amount at a rate of 8% per annum above the European Central Bank base rate, accruing daily from the due date until the date of payment, whether before or after judgment.
9.3 Where an invoice remains unpaid after the Payment Period has expired, Joe Clark will issue written reminders. An administrative fee of €20 will be added to the outstanding balance with each reminder issued after the first. Joe Clark is additionally entitled to claim the statutory lump sum under §288 Abs. 5 BGB. Reasonable costs incurred in recovering the outstanding sum through a collections agency or legal proceedings will also be charged to the Client.
9.4 The licence to use images under Clause 7 remains suspended until full payment, including any interest, reminder fees, and recovery costs arising under this clause, has been received by Joe Clark.
ADVERSE CONDITIONS
10.1 Joe Clark will not be liable for any failure to perform any job due to circumstances beyond his control, including but not limited to: lock-outs, power cuts, flooding, fire, unsafe working conditions, equipment failure, riots, civil commotions, industrial action, or extreme weather conditions.
10.2 Cancellations outside of 48 hours prior to the agreed time of the contracted job will not incur a cancellation fee. Any pre-agreed outgoing expenses and assistant fees already committed will be invoiced at cost.
10.3 Cancellations within 48 hours and postponements within 24 hours of the agreed time of the contracted job (excluding weather-related postponements) will incur a charge of 50% of the job estimate, plus any committed expenses.
10.4 Cancellations within 24 hours of the agreed time of the contracted job will incur a charge of 100% of the job estimate, plus any committed expenses.
10.5 A confirmed shoot may be rescheduled due to weather by mutual agreement between the Client and the Photographer.
10.6 If there is any discrepancy between the service received and the service agreed, it is the responsibility of the Client to make this known within 5 working days of receipt of the final product.
© Joe Clark 2026 joeclark.photo Version 2 - March 2026
© Joe Clark 2025
Terms & Conditions
Impressum