This agreement outlines the terms under which Stu Whittaker Photography (the "Photographer") grants the recipient of these Photographs (the "Client") a limited licence to use the provided photographic images (the "Photographs").
1. Limited Social Media Licence
The Client is granted a non-exclusive, non-transferable, and revocable licence to use the Photographs solely for the purpose of posting on their personal or business social media accounts. This includes platforms such as, but not limited to, Facebook, Instagram, X (formerly Twitter), LinkedIn, and TikTok.
2. Permitted Use
Permitted social media uses include:
Posting the Photographs directly to social media profiles.
Sharing the Photographs with followers and connections on social media.
Using the Photographs as profile pictures or cover photos on social media platforms.
3. Tagging Obligation
The Client is obliged to tag the Photographer's social media account (e.g., Instagram handle: @stuwhittaker-photography, Facebook page: Stu Whittaker Photography) in the caption or visibly within the image of any social media post utilising the Photographs. This ensures proper attribution and allows others to find the Photographer's work.
4. No Editing Without Explicit Permission
The Client is not permitted to edit, alter, manipulate, or modify the Photographs in any way, including but not limited to cropping, colour adjustments, adding filters, or incorporating other elements, unless they have obtained the Photographer's direct, explicit, and written consent to do so. Any unauthorised alteration is a breach of these terms.
5. Prohibited Use
The Client is expressly prohibited from using the Photographs for any purpose other than social media posting as explicitly outlined in this agreement. This includes, but is not limited to:
Commercial Use: Any use intended for direct or indirect commercial gain, such as advertising, marketing materials, brochures, websites (excluding linking to social media profiles), merchandise, or any activity intended to generate revenue.
Print or Digital Publications: Use in magazines, books, blogs not directly functioning as social media platforms, or any other form of print or digital media.
Modification Without Consent: Any adaptation, alteration, or manipulation of the Photographs without the Photographer's explicit written consent (as reiterated in clause 4).
Sub-licensing or Distribution: Sub-licensing, selling, sharing, or distributing the Photographs to third parties for any reason.
Use in Contests or Competitions: Using the Photographs in any online or offline contests or competitions without specific written permission from the Photographer.
6. Copyright
Stu Whittaker Photography retains all copyright, intellectual property rights, and ownership of the Photographs. This licence grants the Client specific usage rights only and does not transfer any ownership of the images. This also applies to any full-resolution versions of the Photographs that may be purchased separately or provided for other purposes under a separate agreement.
7. Breach of Terms
This licence is specifically granted for social media use with mandatory tagging and prohibits unauthorised editing or any other form of use. Any utilisation of the Photographs outside these clearly defined parameters will be considered a material breach of this agreement, potentially leading to the revocation of this licence and further legal action.
8. Governing Law
This agreement shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
9. Acknowledgement
By using the Photographs, the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.
Terms and Conditions for Use of Images of Minors
By providing consent for the use of photographs and/or video recordings featuring individuals under the age of 18 ("minors"), you ("the Parent/Guardian") agree to the following terms and conditions with Stu Whittaker Photography ("the Photographer").
1. Purpose of Use
You hereby grant the Photographer explicit permission to use photographs and/or video recordings of the minor(s) under your guardianship (hereinafter referred to as "the Images of Minors") solely for the purposes of display and promotion on the Photographer's official social media platforms (including but not limited to Instagram: @stuwhittaker-photography, Facebook: Stu Whittaker Photography, etc.) and the Photographer's website: www.stuwhittaker-event-photography.co.uk.
2. Scope of Use
The Images of Minors will be used exclusively for showcasing the Photographer's photographic style, expertise, and attracting potential clients. The Images of Minors will not be sold, licensed, or used for any other commercial purposes beyond the promotion of the Photographer's services on the aforementioned platforms. The Photographer will not use the Images of Minors in any manner that is sexually suggestive, exploitative, abusive, or endangering.
3. No Compensation
You understand and agree that no monetary compensation, royalties, or any other form of remuneration will be provided to you or the minor(s) for the use of the Images of Minors. This is a consent-based agreement for promotional purposes only.
4. Duration of Use
The Photographer reserves the right to use the Images of Minors indefinitely on their social media platforms and website, unless and until your consent is withdrawn in accordance with clause 5.
5. Withdrawal of Consent
You, as the Parent/Guardian, have the right to withdraw your consent for the use of the specific Images of Minors at any time. To do so, please notify the Photographer in writing via email to stuwhitt313@googlemail.com. Upon receipt of your written withdrawal of consent, the Photographer will make reasonable efforts to remove the specific Images of Minors in question from their social media platforms and website within a commercially reasonable timeframe, typically within 7-14 business days.
6. Copyright
The copyright of the Images of Minors remains with Stu Whittaker Photography. This agreement grants the Photographer a non-exclusive, royalty-free licence to use the Images of Minors for the limited purposes stated herein.
7. Liability
The Photographer will take reasonable care to ensure the Images of Minors are used in a respectful, appropriate, and professional manner. However, the Photographer shall not be held liable for any unforeseen misuse of the Images of Minors by third parties once they are publicly displayed online.
8. Data Protection
The Photographer will handle any personal data related to the Images of Minors in accordance with applicable data protection laws and the Photographer's privacy policy, which is available at https://www.stuwhittaker-event-photography.co.uk/privacy-policy-1.
9. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
10. Acknowledgement
By providing your consent (either verbally or in writing), you acknowledge that you have fully read, understood, and agree to these Terms and Conditions on behalf of yourself and the minor(s) depicted in the Images of Minors. You warrant that you are the legal parent or guardian of the minor(s) and have the authority to grant this consent.