Photography terms of service 2025

These Terms of Service outline the agreement between Emily Brookfield Photography (referred to as “Photographer”) and the Client. By booking a session, the Client agrees to the following terms:

1. General Terms

1.1 Booking & Scheduling

  • All sessions must be booked in advance. A non-refundable deposit may be required to secure a session.

  • The Photographer reserves the right to reschedule due to weather conditions, illness, or unforeseen circumstances.

  • If the Client needs to reschedule, at least 48 hours’ notice must be given.

  • If the photographer is unable to attend the session due to fire, flood, casualty, strike, civil disturbance, war, terrorism, or other major disaster beyond the parties’ control, then the photographer will return all money paid by Client (excluding deposit), and this Agreement will immediately terminate. 

1.2 Location & Travel

  • Sessions take place on location as agreed upon by both parties.

  • Travel fees may apply for locations outside a 15km radius of Photographer’s base location.

1.3 Copyright & Usage

  • The Photographer retains full copyright of all images.

  • Clients receive a limited-use license for personal or agreed-upon commercial purposes.

  • Clients may not alter, edit, or sell images including but not limited to applying filters to images. Cropping is accepted.  

  • Clients will not be granted access to RAW files.         

1.4 Image Delivery & Retouching

  • Final images will be delivered within 3 weeks via an online gallery or other agreed-upon method.

  • Standard retouching is included; additional edits may incur extra charges.

  • All edit requests must be expressed to the photographer before final retouching.

2. Free Sessions

2.1 Eligibility

  • Free sessions are offered at the Photographer’s discretion for portfolio-building, collaborations, or special projects.

  • The Photographer determines the concept, location, and duration of the session.

2.2 Image Usage

  • The Photographer retains full copyright and may use the images for promotional, marketing, or portfolio purposes.

  • Clients will receive a select number of edited images for personal use.

  • Images will be supplied through an online gallery

  • All images used must credit the photographer using their Instagram handle and/or website.

  • If the client wants to use images with a third party publication such as blog or magazine, permission must be granted by the photographer prior to submitting the images. All images submitted to a third party website such as a magazine publication, blog or any other such third party the images used MUST show a credit to the photographer.

2.3 Cancellations & No-Shows

  • Clients must provide 48 hours’ notice for cancellations.

  • The client is eligible to reschedule a session ONE time only.

  • No-shows or last-minute cancellations may impact eligibility for future free sessions.

3. Contra (Trade) Sessions

3.1 Agreement Terms

  • Contra sessions involve an agreed-upon exchange of services or goods in place of monetary payment.

  • The value of the trade must be equal to the standard session rate, unless otherwise discussed.

  • In the event that one or both parties is unable to provide their side of the contra agreement, the contract is immediately terminated.

3.2 Image Usage & Copyright

  • The Photographer retains copyright and may use the images for marketing and portfolio purposes.

  • The Client may use the images only for the agreed-upon purposes, with appropriate credit to the Photographer.

  • If the client wants to use images with a third party publication such as blog or magazine, permission must be granted by the photographer prior to submitting the images. All images submitted to a third party publication such as a magazine publication, blog or any other such third party the images used MUST show a credit to the photographer.

3.3 Cancellations & Rescheduling

  • Cancellations require at least 48 hours’ notice and must be rescheduled within 2 weeks, or the contra agreement may be voided.

4. Standard Paid Sessions

4.1 Pricing & Payment

  • Pricing is provided upon inquiry and may vary based on session type, location, and duration.

  • A 50% non-refundable deposit is required to secure the booking.

  • The remaining balance must be paid before or on the day of the session.

4.2 Image Licensing

  • Clients receive a personal-use license unless a commercial-use license is agreed upon.

  • Additional images beyond the agreed package may be purchased separately.

4.3 Refunds & Cancellations

  • Deposits are non-refundable but may be transferred to a rescheduled session with at least 48 hours’ notice.

  • No refunds are given once the session has taken place.

5. Liability & Indemnification

  • The Photographer is not responsible for weather conditions, wardrobe choices, or unforeseen circumstances affecting the final outcome.

  • The Photographer takes care to ensure a safe environment but is not liable for any injuries or damages incurred during the session.

  • The photographer will be the sole and exclusive photographer for the agreed photo shoot. The Photographer is responsible for bringing any equipment or assistants necessary to conduct the services outlined in this contract. 

  • The Client agrees to prevent any other photographers or videographers at the shoot listed in this contract from interfering with the Photographer’s performance of their duties. This includes guests and other amateur photographers or videographers.

  • The Photographer will not be held liable for compromised session coverage due to interference from other parties, including interfering traffic in public spaces. Likewise, the Photographer is not responsible for degraded coverage due to environmental issues, such as poor event lighting, space, or backdrops.

  • If the Photographer should be unable to provide the goods and services outlined in this contract for any reason, the Photographer agrees to refund any fees paid by the Client, minus applicable expenses, and shall have no further liability with regards to this contract. This limitation of liability also applies to any loss or damage to footage, photographs or other materials after the events listed in this contract. The sole remedy for any actions or claims resulting from the Photographer’s inability to deliver the goods and services listed in this contract shall be limited to a refund of monies paid by the Client to the Photographer.

6. Agreement

By booking a session, the Client acknowledges and agrees to these terms. The Photographer reserves the right to update these terms at any time.

This agreement is the entire agreement between the Client and the Photographer and may only be modified as set forth in the foregoing paragraphs, in writing, and as agreed-upon by the parties.

This agreement supersedes all prior agreements between the parties.

If one or more paragraphs are found to be unenforceable or invalid, the remaining paragraphs shall remain effect and enforceable.

For questions or bookings, please contact:

hello@emilybrookfield.com | emilybrookfield.com | @emilybrookfield.photo