1. Definitions and Interpretation

• Naomi Koji-Paton and Koji Cam Photography will be referred to as "The Photographer" which means the contractor providing photographic or videography services.

• "The Client" means the person, organisation, or company booking or purchasing services and/or digital assets.

• "The Services" means the photography/videography services detailed in the booking confirmation.

• "Reproduction" includes any form of publication, digital storage, or copying of the whole or part of any image, whether altered or not.
   

2. Formation of Contract

• All bookings and provisions of service by the Photographer are strictly subject to these Terms and Conditions. By paying a deposit or commissioning the Photographer, the Client agrees to be bound by these terms.

• No variation of these terms shall be binding unless agreed in writing by the Photographer.
   

3. Booking, Deposit and Cancellation

• A 50% non-refundable deposit is required upon booking to secure the shoot date. The booking is not confirmed until this deposit is received, or payment in full if booked at short notice.

• If the Client cancels the booking where no work has been performed, the 50% deposit is non-refundable, but the Client may reschedule the shoot, provided the new date occurs within six (6) months of the original booking date. If not rescheduled within this period, the deposit is permanently forfeited.

• If the Client terminates the contract after work has partially begun, the Photographer is entitled to pro-rata payment for work completed to date.

• If the Photographer must cancel due to unforeseen circumstances or illness, the Client will receive a full refund and/or the opportunity to reschedule without penalty.
   

4. Payment and Invoicing

• All monetary amounts are in GBP (£).

• The remaining balance must be paid in full before the digital assets are transferred. Invoices are due within 7 days of receipt.

• If invoices are not paid within the 7-day term, the Photographer reserves the right to charge statutory interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998.
   

5. Copyright, Licensing and Intellectual Property

• The entire copyright and ownership in the Photographs are retained by the Photographer (and videos if film is recorded) at all times throughout the world under the Copyright, Designs and Patents Act 1988.

• The License to Use comes into effect only from the date of payment in full of the relevant invoice(s). No use may be made of the Photographs before payment in full without the Photographer's express permission.

• Any permission given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation.

• The license applies solely to the named Client and its benefit shall not be assigned to any third party without the Photographer's prior written consent. Clients cannot pass on copies of images or give permission to use images to any third party outside the remit of the agreed brief.

• Permission to use the Photographs for purposes outside the terms of the license will normally be granted upon payment of a further fee, which must be mutually agreed and paid in full before such further use. Unless otherwise agreed in writing, the standard default License of Use shall be 'editorial use only, two years only, uk only'.

• The Photographer retains the perpetual, worldwide right to display, reproduce, and distribute the Images for self-promotion, including in portfolios, websites, social media, and trade exhibits.
   

6. Editing and RAW Files

• The final delivery format, style, colour grading, and cropping of the Photographs are determined solely by the Photographer.

• All unedited RAW files, negatives, or unselected digital files remain the exclusive property of the Photographer and will under no circumstances be supplied to the Client unless explicitly agreed upon in writing for an additional fee.
   

7. Client Responsibilities, Briefs and Clearances

• The Client must supply a full brief at least 48 hours prior to the photoshoot. Late additions are subject to additional charges.

• Unless expressly agreed otherwise in writing prior to the shoot, the Client is solely responsible for obtaining all necessary model releases, property clearances, trademark, and copyright consents. The Client will indemnify the Photographer against all claims and legal costs arising from any failure to obtain such clearances.

• The Client must never remove, alter, or attempt to remove embedded metadata or copyright information from digital images.

• The Client may not alter or add to or manipulate a picture or video by means of computer or any other technique with the aim to ridicule, make fun of, or insult the subject in the photograph or video.
   

8. Limitation of Liability and Force Majeure

• The Photographer takes utmost care with all digital files and equipment. However, the Photographer's total liability for any loss, theft, corruption, or failure of digital files or equipment is strictly limited to a total refund of all monies paid by the Client under this contract. The Photographer shall not be liable for any indirect or consequential damages, including loss of business profits.

• Neither party shall be held liable for any failure or delay in performing obligations if caused by acts of God, severe weather, natural disasters, terrorism, fire, government restrictions, severe illness, or any other cause beyond their reasonable control (Force Majeure). Affected shoots will be rescheduled without penalty.
   

9. Rejection

• Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
   

10. Right to a Credit

• The Photographer asserts their statutory right to be identified as the author of the Photographs or Videos in accordance with Sections 77-79 of the Copyright, Designs and Patents Act 1988.

• During all publications of any image supplied, the Photographer's name or a reasonable accreditation must be printed on or in close proximity to all published reproductions. On social media this includes tagging or mentioning the relevant account on each platform.

• The required accreditation text should read as specified by the Photographer (e.g., Naomi Koji-Paton of Koji Cam).
   

11. Governing Law

• These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.

12. Privacy Policy

• This privacy policy sets out how Koji Cam handles and protects any information given when using your website or undertaking photography and videography services. All data is managed in compliance with the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR).

• Data We Collect:
  We may collect personal identification details including names, job titles, contact information (email addresses, postal addresses, and telephone numbers), and demographic details like postcodes or specific project preferences.

• Purpose of Processing:
  Information is gathered to maintain internal record-keeping, administer client dealings, fulfil contractual obligations for photography or film commissions, and improve services.

• Legal Basis:
  Data is processed on the legal bases of explicit client consent, the necessity to perform contractual obligations, and legitimate commercial interests that do not override privacy rights.

• Data Retention:
  Personal information is retained only for the minimum time necessary, with accounting and tax records held for durations mandated by UK financial legislation.

• Client Rights:
  Clients retain the right to access, rectify inaccurate data, restrict processing, or request the erasure ("right to be forgotten") of their personal data by contacting us directly.

• Security:
  Appropriate physical, electronic, and managerial procedures are maintained to safeguard personal data against unauthorised access, disclosure, or loss, with electronic data stored on secure servers.

• Links to other websites:
  Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over those other websites. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should look at the privacy policy statement applicable to the website(s) in question.

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