Terms & Conditions

Terms & Conditions – Photography, Written Work and Licensing

1.   TERMS AND DEFINITIONS:

(a) Picture or Pictures includes any photograph, image, transparency, negative, digital file, scan, artwork, montage or other visual material supplied by or on behalf of the Photographer, whether supplied individually or as part of a collection.

(b) Reproduction includes any publication, copying, display, distribution, transmission, storage or other use of the whole or any part of a Picture, whether in print, digital, electronic or any other form, and whether altered, cropped or otherwise modified.

(c) The Photographer means Matt Limb OBE, who is the author and copyright owner of the photographs unless otherwise expressly stated.

(d) The Client means the person, company or organisation to whom a quotation, booking confirmation, licence or invoice is addressed, whether acting on its own behalf or on behalf of a third party.

(e) Matt Limb Images is a trading name of Matt Limb OBE and administers the commissioning, supply and licensing of the Photographer’s work.

(f) Licence means the permission granted by the Photographer or Matt Limb Images for the Client to reproduce or otherwise use a Picture within the scope, purpose, media, territory and period specified in writing.

(g) Writing or written includes communication by email.

(h) Written Work includes any article, feature, report, caption, manuscript, research note, script, copy, text or other written material created or supplied by Matt Limb Images or Matt Limb OBE for publication, reproduction or other use by the Client.

(i) Work means any Picture or Written Work supplied by Matt Limb Images or Matt Limb OBE.

2.   COPYRIGHT AND OWNERSHIP OF MATERIALS:

(a) The entire copyright in all Work remains with the Photographer at all times throughout the world and is administered by Matt Limb Images. No copyright or ownership in any Picture passes to the Client unless expressly agreed in writing.

(b) Pictures are supplied and licensed for the specific use or uses agreed in writing. The Client acquires only those reproduction and usage rights expressly granted by the relevant Licence.

(c) When a Licence expires, or the permitted use has otherwise ended, the Client must cease further use or reproduction of the Pictures. Digital files must not subsequently be used for any purpose outside the terms of the Licence. Where reasonably practicable, files should be removed from active publishing, production and distribution systems, although copies retained solely within routine backups or archives need not be deleted provided that they are not subsequently accessed or used for an unlicensed purpose.

(d) Supply of a Picture, payment of a commission or payment of a reproduction fee does not constitute an assignment or transfer of copyright. Any use outside the scope of the Licence requires the prior written agreement of Matt Limb Images and may be subject to an additional fee.

(e) Matt Limb OBE asserts his moral right to be identified as the author of his photographs in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

(f) Unless otherwise agreed in writing, where a Picture is reproduced, the Client shall ensure that any credit line specified by Matt Limb Images is included wherever it is reasonably practicable and customary to do so.

(g) Where an agreed or required credit is omitted, Matt Limb Images reserves the right to charge an additional fee. Unless otherwise agreed, that additional fee shall be not less than 25% of the original reproduction fee.

3.   USE AND REPRODUCTION:

(a) A Licence to use or reproduce a Picture comes into effect only when the relevant invoice has been paid in full, including any interest, charges or other sums properly due, unless Matt Limb Images has expressly agreed otherwise in writing.

(b) Matt Limb Images may, at its discretion, grant written permission for use before payment. Any such permission may be withdrawn if payment is not made in accordance with the agreed terms.

(c) Reproduction and usage rights are strictly limited to the purpose, media, territory, duration and other terms specified in the Licence, quotation, booking confirmation or invoice. Any different, additional or continued use requires the prior written agreement of Matt Limb Images and may be subject to an additional fee.

(d) Unless expressly agreed otherwise in writing, all Licences are non-exclusive.

(e) Rights granted to the Client are personal to the Client and may not be assigned, sublicensed, sold, transferred or otherwise made available to a third party, except where this is reasonably necessary for the Client’s authorised use of the Pictures, for example by a printer, designer, publisher or other service provider acting on the Client’s behalf.

(f) Any person or organisation receiving a Picture under clause 3(e) may use it only for the purpose necessary to carry out the Client’s authorised use and acquires no independent reproduction or usage rights.

(g) Normal cropping, resizing and minor tonal or colour adjustments necessary for layout, publication or display are permitted, provided that they do not materially alter the meaning, integrity or context of the Picture.

(h) A Picture must not be materially altered, manipulated, composited, distorted or used to create a misleading representation without the prior written consent of Matt Limb Images.

(i) No Picture may be used, supplied or made available for the purpose of training, fine-tuning, developing, testing or operating any artificial intelligence, generative AI, machine-learning or similar system without the prior written agreement of Matt Limb Images.

(j) No Picture may be used to create synthetic, generated or substantially derivative imagery by means of artificial intelligence or other automated image-generation technology without the prior written agreement of Matt Limb Images.

(k) Matt Limb Images reserves the right to refuse any proposed use or additional Licence.

(l) Where the Client receives a Licence for publication, Matt Limb Images may request a complimentary copy of the publication, or reasonable evidence of use such as a PDF, screenshot, tear sheet or web link. Any requirement for multiple copies of a publication will be agreed separately.

(m) Matt Limb Images may require reasonable evidence that Pictures are being used only in accordance with the Licence granted.

4.   DEFINITIONS OF REPRODUCTION RIGHTS:

The following terms may be used when describing the reproduction and usage rights granted by Matt Limb Images. Unless otherwise stated, all Licences remain subject to the specific terms, duration, territory and limitations stated in the relevant quotation, booking confirmation or invoice.

(a) Internal Use Only: The right to use the Pictures within the Client’s own organisation for non-commercial internal purposes, including internal presentations, reports, training materials, intranet use and display within the Client’s premises. This does not include external publication, advertising, publicity or distribution to the media.

(b) PR and Press Distribution: The rights described under Internal Use Only, together with the right to distribute the Pictures to bona fide news, editorial or media organisations for editorial publicity purposes connected with the Client. This does not permit the Client or any third party to sell, sublicense or otherwise commercially exploit the Pictures.

(c) Specified Use Only: The right to reproduce or use the Pictures solely for the purpose, publication, campaign, project or other use specified in the Licence. No other use is permitted without prior written agreement.

(d) Editorial Use: The right to reproduce the Pictures in an editorial context in the publication, platform or title specified in the Licence. Unless otherwise stated, this does not include advertising, promotional use, merchandising or other commercial exploitation.

(e) Website and Social Media Use: The right to reproduce the Pictures on the Client’s own website and official social-media accounts for the purpose specified in the Licence. This does not include paid advertising, third-party use or onward licensing unless expressly agreed.

(f) Promotional and Marketing Use: The right to reproduce the Pictures in the Client’s own promotional and marketing materials, including brochures, newsletters, websites, social media and other agreed media. Paid advertising, packaging, merchandising and third-party distribution are included only where expressly stated in the Licence.

(g) Personal Use: The right to use the Pictures solely for the Client’s own private and non-commercial purposes. Personal Use does not include publication, business use, advertising, resale, commercial reproduction or licensing to any third party.

(h) Any use not expressly included within the Licence granted requires the prior written agreement of Matt Limb Images and may be subject to an additional fee

5.   CLIENT CONFIDENTIALITY:

(a) The Photographer and Matt Limb Images will keep confidential any information supplied by the Client in confidence in connection with a commission and will not disclose or use that information except where reasonably necessary to perform the commission, administer the Licence or meet legal or regulatory obligations.

(b) Where it is reasonably necessary to provide confidential information to an assistant, subcontractor, printer, laboratory, digital service provider or other supplier involved in carrying out the commission, Matt Limb Images will take reasonable steps to ensure that such information is treated confidentially.

(c) The obligations in this section do not apply to information which is already in the public domain, was lawfully known before disclosure, is subsequently received lawfully from a third party or must be disclosed by law.

6.   BOOKING AND CANCELLATION:

(a) A booking may be requested by email, telephone, booking form or other written communication. A booking becomes Confirmed only when Matt Limb Images confirms in writing the agreed date or dates, time, location and fee or rate.

(b) The booking confirmation, quotation or other written agreement may also specify the scope of the commission, anticipated deliverables, usage or licensing requirements, expenses, travel arrangements, delivery requirements and any other terms specific to the assignment.

(c) Once a booking is Confirmed, Matt Limb Images reserves the agreed time for the Client and may decline other work for that period.

(d) If the Client cancels a Confirmed booking, Matt Limb Images reserves the right to charge a cancellation fee to reflect the time reserved, work undertaken, opportunities reasonably lost and administrative costs arising from the cancellation, as follows:

(i) where cancellation is received more than 10 days before the first Confirmed date: 30% of the booked photography fee or agreed time rate;

(ii) where cancellation is received 10 days or less before the first Confirmed date but more than 48 hours before the agreed start time: 60% of the booked photography fee or agreed time rate;

(iii) where cancellation is received 48 hours or less before the agreed start time, or where the Client fails to attend or make the commission possible on the Confirmed date: up to 100% of the booked photography fee or agreed time rate.

(e) In addition to any cancellation fee, the Client will be responsible for expenses, commitments and other costs already reasonably incurred by Matt Limb Images in connection with the commission which cannot reasonably be recovered or cancelled.

(f) Where Matt Limb Images is able to secure replacement work for all or part of the cancelled period, any cancellation charge may be reduced where appropriate to reflect the resulting reduction in loss.

(g) If the Client requests a change to the Confirmed date, time, location, scope or other material aspect of the commission, Matt Limb Images will make reasonable efforts to accommodate the change. Any change may result in additional fees or expenses.

(h) A request to postpone or substantially reschedule a Confirmed booking may, depending upon the circumstances and notice given, be treated as a cancellation and new booking. Matt Limb Images will advise the Client before applying any cancellation charge.

(i) If the Photographer is unable to undertake the commission because of illness, injury, accident, equipment failure, travel disruption, severe weather or another circumstance beyond reasonable control, Matt Limb Images will make reasonable efforts to agree an alternative date or, where appropriate and with the Client’s agreement, arrange a suitable replacement photographer.

(j) If Matt Limb Images is unable to undertake the commission and no satisfactory alternative can reasonably be arranged, any payment received for photography which has not been provided will be refunded. Except where liability cannot lawfully be excluded or limited, Matt Limb Images will not be liable for consequential or indirect losses arising from circumstances beyond its reasonable control.

(k) Nothing in this section affects any statutory cancellation or other rights which a Client may have as a consumer.

7.   PAYMENT TERMS:

(a) Payment terms are as stated on the relevant quotation or invoice. Unless otherwise agreed in writing, payment is due within 30 days of the invoice date.

(b) Where an invoice specifies an earlier or later Due Date, payment must be received by that date.

(c) If a commercial invoice is not paid by the Due Date, Matt Limb Images reserves the right to charge statutory interest, compensation and reasonable debt-recovery costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and any regulations or legislation amending or replacing it.

(d) Where statutory late-payment provisions do not apply, Matt Limb Images reserves any other rights or remedies available in relation to overdue sums.

(e) Where reproduction or usage rights are granted subject to payment, those rights do not come into effect until the relevant invoice has been paid in full, including any interest or charges properly due, unless Matt Limb Images has expressly agreed otherwise in writing.

(f) Any use or reproduction of a Picture before the relevant Licence has come into effect, or after permission to use the Picture has been withdrawn for non-payment, may constitute both a breach of contract and an infringement of copyright.

(g) If any invoice issued to the Client remains unpaid after its Due Date, Matt Limb Images may, where reasonable, suspend further work, delivery of additional material or the grant of further usage rights until all overdue sums have been paid.

(h) Where the Client has several outstanding invoices and fails to pay an invoice by its Due Date, Matt Limb Images reserves the right, where reasonable and after written notice to the Client, to require payment of other outstanding invoices before undertaking or supplying further work.

(i) Payment should normally be made by bank transfer using the details shown on the invoice. Any alternative method of payment must be agreed with Matt Limb Images.

(j) Goods including prints, books, photo-books or other physical products ordered directly from Matt Limb Images must normally be paid for in full before production or dispatch, unless otherwise agreed in writing.

(k) Any deposit, advance payment or staged payment required for a particular commission will be specified in the quotation, booking confirmation or invoice.

8.   REJECTION:

(a) Matt Limb Images will review and edit the photographs made during a commission and will select for delivery those Pictures which, in the Photographer’s professional judgement, best represent the assignment and meet the agreed brief.

(b) The Photographer retains discretion over the selection, editing, processing, colour treatment and presentation of the Pictures, subject to any specific requirements agreed with the Client in writing before the commission.

(c) Unless otherwise agreed in writing, the Client is not entitled to receive every photograph made during a commission, rejected frames, duplicate images, test images, unedited files or RAW files.

(d) The Client may not reject delivered Pictures solely because of subjective preferences concerning style, composition, selection or editing where the work is reasonably consistent with the agreed brief, the Photographer’s portfolio or any style discussed before the commission.

(e) Nothing in this section prevents the Client from raising a genuine concern where the delivered work materially fails to meet an expressly agreed requirement of the commission.

(f) Any arrangement under which the Client may reject Pictures, request substantial re-editing or require delivery of additional material must be agreed separately in writing and may be subject to an additional fee.

(g) Where Written Work is supplied for publication, the Client may undertake reasonable sub-editing for grammar, spelling, house style, length and layout, provided that such editing does not materially alter the meaning, factual content or character of the Work.

(h) Where proposed changes would substantially alter the meaning, argument, factual content or character of Written Work carrying the author’s name or byline, the Client should consult Matt Limb Images before publication.

9.   LIABILITY AND INDEMNITY:

(a) Matt Limb Images will exercise reasonable skill and care in carrying out each commission and in the preparation, storage and delivery of Pictures.

(b) Matt Limb Images will not be liable for loss arising from circumstances beyond its reasonable control, including failure or interruption of third-party services, transport disruption, equipment failure despite reasonable precautions, loss or corruption of data not caused by negligence, or acts or omissions of the Client or a third party.

(c) Matt Limb Images will not be liable for any indirect or consequential loss, loss of profit, loss of business, loss of opportunity or loss of anticipated savings arising from a commission or Licence, except where such liability cannot lawfully be excluded or limited.

(d) Where Matt Limb Images is liable for loss or damage arising from a commission or Licence, its total liability will, so far as permitted by law, be limited to the total fees paid or payable by the Client in respect of the commission or Licence giving rise to the claim.

(e) Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot lawfully be excluded or limited.

(f) The Client is responsible for ensuring that any use made of a Picture is within the scope of the Licence granted and complies with any applicable law, regulation, advertising requirement or other restriction relating to that use.

(g) Where the Client supplies material, instructions, captions, text, logos, trademarks or other content for inclusion in or use with the Pictures, the Client warrants that it has the necessary rights and permissions to do so and will indemnify Matt Limb Images against reasonable losses, claims and costs arising directly from a breach of that warranty.

(h) Responsibility for obtaining permissions, model releases, property releases, access permissions or other consents will depend upon the circumstances of the commission and any agreement made with the Client.

(i) Unless Matt Limb Images expressly agrees in writing to obtain a particular release or consent, no warranty is given that a Picture has been cleared for every possible form of commercial, advertising, promotional or other use.

(j) Where the Client intends to use a Picture in a manner requiring particular releases, permissions or legal clearance, the Client must make that requirement known to Matt Limb Images before the commission or before the Licence is granted.

(k) The Client will indemnify Matt Limb Images against reasonable losses, claims, damages and costs arising from use of a Picture outside the scope of the Licence granted or contrary to instructions or restrictions notified to the Client.

10.   APPLICABLE LAW:

(a) These Terms and any agreement between the Client and Matt Limb Images shall be governed by and construed in accordance with the law of England and Wales.

(b) Subject to any rights which a consumer may have to bring proceedings elsewhere, the courts of England and Wales shall have exclusive jurisdiction in relation to any dispute arising from or connected with these Terms, a commission or a Licence.

(c) No variation of these Terms shall be effective unless agreed in writing by Matt Limb Images and the Client.

(d) A booking, variation, approval, Licence or other agreement may be made or confirmed electronically, including by email.

(e) If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision shall, so far as possible, be treated separately and the remaining provisions shall continue in full force and effect.

(f) A failure or delay by Matt Limb Images in exercising any right or remedy under these Terms does not constitute a waiver of that right or remedy.

(g) Matt Limb Images may update these Terms from time to time. Any revised Terms will apply to bookings, commissions, Licences or orders made after the revised Terms are published. Unless otherwise agreed in writing, changes will not retrospectively alter the terms of an existing Confirmed booking, commission or Licence.

Last updated: September 2026