TERMS & CONDITIONS

Last Updated: 1 January 2026

1. Agreement

These Terms & Conditions constitute the entire agreement between Orion Aperture ("the Business"), a trading name of David Robertshaw, and the Client.

By booking photography services, placing an order, downloading images, or otherwise engaging the services of Orion Aperture, the Client agrees to be bound by these Terms & Conditions.

No amendment to this Agreement shall be valid unless agreed in writing by both parties.

Email correspondence shall be considered legally binding communication unless otherwise agreed in writing.

2. Copyright

All photographs, images, digital files, and other works created by Orion Aperture remain the intellectual property and copyright of Orion Aperture unless otherwise agreed in writing.

RAW files, unedited images, and working files remain the property of Orion Aperture and will not be supplied unless specifically agreed in writing.

3. Licence to Use Images

Upon receipt of full payment, the Client is granted a non-exclusive, non-transferable licence to use the final delivered images for the purposes agreed at the time of booking.

Unless otherwise agreed in writing:

Images must not be altered, edited, manipulated, or modified.
Filters, overlays, artificial intelligence modifications, or other visual alterations must not be applied.
Images may not be sold, sublicensed, or transferred to third parties.
Commercial use beyond the agreed purpose requires prior written permission.

No licence is granted until all invoices have been paid in full.

Low-resolution proofs and watermarked images remain excluded from any licence granted.

Any unauthorised use may result in additional licensing fees and legal action where appropriate.

4. Third-Party Use

Any licence granted under this Agreement applies solely to the Client.

Third parties may only use the images with the prior written consent of Orion Aperture and subject to the same licence restrictions.

5. Client Responsibilities

The Client is responsible for obtaining any permissions, licences, releases, or consents required for:

Photography at a chosen venue or location.
Individuals featured in the photographs where required.
Any property, artwork, trademarks, or intellectual property appearing within the photographs.

The Client agrees to indemnify Orion Aperture against claims arising from a failure to obtain such permissions where responsibility rests with the Client.

6. Booking Fee and Payments

A non-refundable booking fee of 50% of the agreed fee is required to secure a booking date.

No booking is confirmed until the booking fee has been received.

Unless otherwise agreed in writing, the remaining balance is payable no later than 14 days before the scheduled photography session.

Final images will not be delivered until all outstanding amounts have been paid in full.

Late payments may result in delayed delivery of images and the suspension of any usage rights.

7. Expenses

The Client shall reimburse any reasonable expenses incurred in connection with the assignment, provided such expenses have been agreed in advance where practical.

This may include:

Travel expenses
Accommodation
Parking fees
Venue access charges
Courier or delivery costs

8. Cancellations and Postponements

The booking fee is non-refundable.

If the Client cancels:

More than 14 days before the scheduled session, no additional fee will be payable.
Within 14 days of the scheduled session, up to 25% of the remaining balance may be charged.
Within 48 hours of the scheduled session, the full agreed fee may become payable.

Requests to reschedule will be accommodated where reasonably possible but cannot be guaranteed.

If no mutually acceptable alternative date can be arranged, the booking shall be treated as cancelled.

9. Creative Style and Artistic Judgement

The Client acknowledges that photography is a creative service.

The artistic style, editing approach, composition, lighting, colour grading, image selection, and final presentation of photographs remain at the professional discretion of Orion Aperture.

Images may not be rejected solely on the basis of artistic preference, style, composition, or editing choices.

10. Delivery Schedule

Gallery proofs will normally be delivered within 14 working days following the photography session.

Following the Client's image selections, final edited photographs will normally be delivered within 14 working days.

Delivery times are estimates and may vary depending on workload, seasonal demand, or circumstances beyond reasonable control.

11. Image Storage and Archiving

The Client is responsible for maintaining copies of all delivered digital files.

While Orion Aperture may retain copies of images after delivery, no guarantee is given regarding long-term archiving or future availability unless agreed in writing.

12. Editing Restrictions

The Client must not alter, edit, crop, manipulate, or apply filters to any delivered image without prior written permission.

This includes use on social media platforms, websites, advertising, and printed materials.

13. Marketing and Portfolio Use

Unless otherwise agreed in writing, Orion Aperture reserves the right to use photographs created during an assignment for:

Portfolio display
Website content
Social media
Advertising
Competitions
Promotional materials

Where images relate to a confidential product launch, private event, or commercially sensitive project, publication may be delayed or restricted by prior written agreement.

14. Lightroom Presets and Digital Assets

Any Lightroom presets, editing profiles, workflows, templates, or digital assets created by Orion Aperture remain the intellectual property of Orion Aperture.

Such assets may not be sold, distributed, sublicensed, or transferred without prior written permission.

15. Confidentiality

Both parties agree to keep confidential any proprietary, commercially sensitive, or private information disclosed during the course of the assignment.

This obligation shall continue after completion of the assignment.

16. Data Protection

Personal information shall be processed in accordance with applicable UK data protection legislation and the Orion Aperture

17. Limitation of Liability

Orion Aperture shall not be liable for:

Indirect losses
Consequential losses
Loss of profits
Loss of business opportunities
Loss of goodwill

The maximum liability of Orion Aperture arising from any claim shall not exceed the total fees paid by the Client under the relevant booking.

Nothing in this Agreement excludes liability where such exclusion would be unlawful.

18. Force Majeure

Orion Aperture shall not be liable for delays or failure to perform obligations due to circumstances beyond reasonable control, including but not limited to:

Illness
Injury
Severe weather
Transport disruption
Natural disasters
Government restrictions
Technical failures

Where possible, reasonable efforts will be made to reschedule the assignment.

19. Independent Contractors

Orion Aperture accepts no responsibility for services provided by third-party suppliers engaged by the Client, including but not limited to makeup artists, stylists, venue providers, entertainers, or other contractors.

20. Downloads from Online Galleries

By downloading any image from an online gallery provided by Orion Aperture, the user agrees to comply with these Terms & Conditions.

Downloaded images:

Must not be altered or edited.
Must not be sold or redistributed.
Must not be used outside the scope of the licence granted.
Remain protected by copyright at all times.

Unauthorised use may result in legal action and recovery of applicable licensing fees.

21. Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of England and Wales.

Any dispute arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.

22. Business Information

Orion Aperture is a trading name of David Robertshaw.

For all enquiries relating to these Terms & Conditions, please contact:

Email: contact@orionaperture.co.uk