General Terms & Conditions – An overview of our standard working practices.

INTRODUCTION

These General Terms & Conditions outline the principles, processes and expectations that generally apply to photography services provided by Ken Trijo.

Every assignment is different. This document is intended to provide prospective clients with a general understanding of how the Photographer works and what they can typically expect.

This is not a substitute for the Photography Services Agreement, Booking Confirmation or any applicable schedules prepared for an individual assignment.

The final terms applicable to each booking will be drafted and documented separately and should be reviewed before the booking is confirmed.

Please contact the Photographer if clarification is required before proceeding with a booking.

01. SERVICES & BOOKING

Photography services are provided in accordance with the agreed scope of work, as documented in the applicable Booking Confirmation and Photography Services Agreement.

Depending on the assignment, the booking documents may specify the type and purpose of the photography, shoot date and location, production requirements, deliverables, editing and retouching, delivery timeframe, fees, payment arrangements and permitted image usage.

Any changes to the agreed scope must be confirmed in writing. Additional shooting time, photographs, retouching, production requirements or usage rights outside the agreed scope may incur additional fees. Any additional charges will be communicated and approved in writing before the additional work proceeds.

The Photographer will provide the agreed services with reasonable care and skill and in accordance with applicable law.

02. PHOTOGRAPHY & POST-PRODUCTION

Following a photography session, the Photographer will review and select images considered suitable for the agreed project. The Photographer retains reasonable creative discretion over image selection, composition, editing, colour grading and final presentation, in accordance with the agreed creative brief and services.

Duplicate frames, test shots, technically unsuitable photographs and other working images may be excluded from delivery. RAW files, unedited photographs, rejected images and working files are not included unless expressly agreed in writing.

Standard post-production may include exposure and colour correction, colour grading, cropping and reasonable retouching. Advanced retouching, extensive object removal, compositing, background replacement, substantial reconstruction and other work beyond the agreed scope are excluded unless specifically included in the booking.

Where client image selection is required, the Client must confirm the final selection through the agreed proofing method. Once confirmed, the selection is considered final, and replacements may incur additional fees and extend the delivery timeframe, subject to the Photographer's agreement.

03. PROOFING, REVISIONS & ADDITIONAL WORK

Where proofing is included, the Client will be provided with edited proofs for review. Unless otherwise specified in the booking documents, the Client must submit one consolidated list of eligible revision requests within five (5) business days of receiving the proofs.

The agreed fee includes one (1) complimentary round of reasonable revisions to existing edits within the original creative brief and project scope, unless otherwise specified in writing.

Additional revision rounds, changes to approved creative direction, replacement of selected photographs, extensive retouching, additional deliverables and requests arising from changed preferences or new instructions may incur additional fees.

The Photographer will communicate applicable additional charges and obtain the Client's written approval before undertaking chargeable work.

Corrections reasonably required because the delivered work contains an error attributable to the Photographer or materially fails to conform to the agreed specifications will be assessed separately and will not be treated as chargeable discretionary revisions where correction is required under the agreement or applicable law.

04. FINALISATION & DELIVERY

Final deliverables, formats and estimated delivery timeframes will be specified in the applicable booking documents.

Following completion of the included revision round, the Photographer will finalise and send a final edited gallery for the Client to view. Once the Client approves of this gallery, the Photographer will request for the full payment of the project and will deliver the agreed photographs after receiving payment. Additional changes requested after final delivery may incur further fees, except where a correction is required under the agreed services or applicable law.

The Client is responsible for carefully reviewing proof images, consolidating feedback and ensuring that all relevant stakeholders have approved their selections and comments before submission. Conflicting or delayed feedback may affect the delivery timeframe.

The Photographer's file retention and archival arrangements, where applicable, will be specified in the individual agreement. Clients are responsible for maintaining their own backups of delivered files.

05. COPYRIGHT & USAGE LICENSING

Copyright ownership is determined by applicable copyright law and any valid written agreement between the parties. Where copyright belongs to the Photographer, it remains with the Photographer unless otherwise agreed through a legally effective written assignment.

Payment for photography services does not, by itself, transfer copyright ownership. Instead, the Client is granted a licence to use the final delivered photographs, subject to the agreed payment conditions and the usage terms documented for the assignment.

The applicable licence may specify permitted purposes, media, territory, duration and other restrictions. Permitted uses may include websites, social media, advertising, printed materials, packaging, catalogues, public relations and other commercial applications, as expressly agreed.

Unless otherwise agreed in writing, the usage licence is non-exclusive. The Photographer may continue to use or license photographs for other purposes to the extent permitted by the rights they own or control and subject to applicable confidentiality, privacy and other contractual restrictions.

The Client must not sell, sublicense, distribute or use the photographs beyond the agreed licence scope, including supplying them for independent third-party commercial use or stock image distribution, without the necessary written permission.

06. EXCLUSIVE LICENCES

Exclusive usage rights are not included in the standard fee unless expressly agreed in writing.

An exclusive licence may be negotiated for an additional fee. The applicable agreement will specify the photographs covered, the rights and uses made exclusive, any relevant industry or competitor restrictions, territory, duration, publication restrictions and whether the Photographer may use the work for portfolio or promotional purposes.

Exclusivity applies only to the rights and scope expressly agreed. It does not transfer copyright ownership unless separately documented in a legally effective written assignment.

07. ALTERATION & INTEGRITY OF PHOTOGRAPHS

Unless authorised in writing, the Client must not materially alter, re-edit, retouch, recolour, distort or otherwise manipulate photographs supplied by the Photographer.

This includes applying alternative filters or colour grading, removing or adding visual elements, compositing images, substantially changing the composition, removing required copyright notices, or using artificial intelligence and generative editing tools to alter or generate elements within the photographs.

Any permitted adjustments, adaptations or third-party editing arrangements should be agreed in writing. The Client must also ensure that any authorised use of the photographs complies with the applicable licence and relevant legal obligations.

08. CLIENT RESPONSIBILITIES

The Client is responsible for providing an accurate creative brief, timely instructions and approvals, and any materials or information reasonably necessary to complete the agreed services.

Unless otherwise agreed, the Client must arrange appropriate access to the shoot location and obtain relevant permissions for client-controlled locations, products, talent and materials. Responsibilities for model releases, location releases and other production permissions will be clarified in the applicable booking documents.

Delays, conflicting instructions, unavailable materials or late approvals may affect production and delivery schedules. Any resulting changes to scope, fees or timelines will be addressed in accordance with the individual agreement.

09. FEES, CANCELLATIONS & RESCHEDULING

Fees, booking payments, payment milestones, expenses and applicable cancellation or rescheduling conditions will be specified in the Photography Services Agreement or Booking Confirmation.

Requests to cancel, postpone or reschedule a booking must be communicated in writing as soon as reasonably practicable. The applicable agreement will outline the relevant notice requirements, charges and arrangements for circumstances such as illness, adverse weather, venue restrictions or other unforeseen events.

Additional expenses or work outside the agreed scope will be discussed and approved in writing before being incurred, except where otherwise agreed.

10. PORTFOLIO, CONFIDENTIALITY & PUBLICATION

The Photographer may seek to display selected photographs in a professional portfolio, website, social media, publications or promotional materials, subject to the applicable agreement and any relevant confidentiality, privacy, embargo or publication restrictions.

Any restrictions on publication, including campaign embargoes or confidential projects, should be communicated and agreed in writing before the relevant use occurs.

Permission to use photographs for portfolio or promotional purposes does not override applicable privacy obligations, third-party rights or other contractual restrictions.

11. GENERAL CONDITIONS

The terms applicable to each assignment will be set out in the relevant written booking documents. Any agreed variations, additional services or project-specific conditions should be documented in writing.

Where a dispute arises, the parties should seek to resolve the matter through good-faith communication in the first instance, without limiting any rights or remedies available under applicable law.

Nothing in these General Terms & Conditions or any related agreement is intended to exclude, restrict or modify any rights, guarantees or remedies that cannot lawfully be excluded, restricted or modified.

The applicable Photography Services Agreement and Booking Confirmation should be read together to determine the agreed arrangements for each assignment. Any inconsistency should be addressed in accordance with the order of precedence specified in those documents and applicable law.

Ken Trijo