top of page
CLIENT PHOTOGRAPHY TERMS + CONDITIONS
These Terms & Conditions apply to photography services provided by PoleOclock Images ("PoleOclock", "we", "us" or "the Photographer"). The person being photographed is the "Client", "you" or "your". By booking or taking part in a PoleOclock photoshoot, you agree to the terms applicable to your booking. Nothing in these Terms removes any statutory rights which cannot lawfully be excluded or restricted.
LOOKING FOR STUDIO HOST TERMS AND CONDITIONS? CLICK HERE.
These Terms apply whether the photoshoot takes place at the PoleOclock studio in Glasgow or at a third-party studio or venue hosting a PoleOclock tour event.
Where a shoot is organised by a studio owner, instructor or event organiser (the "Host"), the Host facilitates the event but does not become the photography Client simply by hosting it. Each person photographed is an individual Client for the purposes of photography, image delivery, privacy, copyright and image-use arrangements.
Package details, prices, dates and any booking-specific information supplied at the time of booking form part of the agreement. Where booking-specific information expressly differs from these general Terms, the booking-specific information will apply to that point.
For Glasgow studio shoots, a £40 booking fee is payable when the appointment is booked online. The booking fee reserves a specific photography appointment which is then unavailable for another booking.For tour shoots, booking and payment may be facilitated by the Host. The Client remains responsible for checking the date and time allocated to them and for attending the correct session.
For Glasgow shoots, the remaining balance for the booked package is due on the day of the photoshoot.Additional images may be purchased on the day or ordered within seven days after the photoshoot. PoleOclock may begin editing ordered additional images before payment is received. However, no final images will be delivered while any amount relating to the Client's order remains outstanding.The normal editing workflow is not automatically paused while payment for additional ordered images remains outstanding. Where the images become ready before payment is made, PoleOclock may contact the Client to request payment and will release the completed order once the outstanding amount has been received.
Where a tour booking is arranged through a Host, any money paid by a participant directly to that Host is a payment to the Host and is not treated as money received by PoleOclock until the corresponding cleared funds have actually reached PoleOclock.PoleOclock is not responsible for collecting sums owed by a participant to the Host, nor for refunding studio fees, administration charges, mark-ups or other sums retained by or paid directly to the Host.If an event cannot proceed because the Host has failed to make a payment properly due to PoleOclock, PoleOclock cannot refund money which PoleOclock has never received. Any participant seeking repayment of money held by the Host must seek that repayment from the Host.
For Glasgow bookings, a Client may request to cancel or move their appointment by giving at least 14 days' notice. Any new date is subject to availability.Where fewer than 14 days' notice is given, the original £40 booking fee will normally be retained and a new £40 booking fee will normally be required to reserve a replacement appointment. PoleOclock may make a goodwill exception in individual circumstances; doing so does not create an entitlement to the same exception on a future booking.For tour bookings, if a participant can no longer attend within 14 days of the event, payments already made for the booked slot are non-refundable. However, the participant may transfer their complete booked slot to another person, provided the Host and/or PoleOclock is informed before the appointment and the replacement participant accepts the applicable Client Photography Terms.A transferred booking remains the same original booking. Payments already made are applied to the replacement participant's session and cannot instead be transferred as credit, divided between participants or used towards additional images for another Client.If the participant cancels and does not transfer the booked slot to another person, payments already made will normally be retained, subject to applicable consumer law and the circumstances of the cancellation.
If a Client does not attend their allocated appointment and has not cancelled or transferred it beforehand, the appointment will be treated as a no-show.Where PoleOclock was present and available to provide the booked session, no refund is normally due for the missed appointment, subject to the Client's statutory rights and the circumstances of the cancellation.The edited-image allowance included in a photography package relates to images created during that Client's session. If the Client does not attend and no session takes place, that image allowance does not become a credit or transferable allowance for another participant.PoleOclock is not required to leave the missed appointment time unused and may move another participant forward, alter the running order or otherwise use the available time. If the Client later wishes to arrange another photoshoot, this will be treated as a new booking.
Clients should arrive in sufficient time to be ready for their allocated session. For tour events, arriving 10-15 minutes early is strongly recommended.A late arrival does not automatically extend the booked session. Where extending a session would delay another Client or disrupt the event schedule, the session will finish at its original scheduled time and the number or variety of images achievable may be reduced.Where practical, PoleOclock may offer another available time during the same day, but this is entirely subject to the running order and cannot be guaranteed.
The duration, included images, lighting setups and other package inclusions are those stated in the booking information applicable to the Client. Unless specifically agreed otherwise, unused time or package elements have no cash value and cannot be carried forward.
The Client is responsible for arriving suitably prepared, including allowing time to change, warm up and practise any movements they intend to perform. PoleOclock may provide posing, positioning and photographic guidance during the session.
Pole and aerial photography involves physical activity and equipment carrying inherent risks. The Client is responsible for participating within their own ability and for choosing poses, tricks and movements which they are appropriately trained and physically able to perform.Zoe may provide guidance as a photographer and experienced pole instructor, including suggestions about lines, positioning and how a movement may appear on camera. Such guidance is not a representation that a particular Client is physically capable of safely performing a skill.PoleOclock may refuse, alter or stop any pose or activity which is reasonably considered unsafe. Nothing in these Terms excludes or restricts liability where it would be unlawful to do so, including liability for death or personal injury caused by PoleOclock's negligence.
Where a photoshoot takes place at a Host studio or other third-party venue, the Host is responsible for the condition, maintenance and suitability of the premises and any pole, aerial or other equipment supplied by the Host.PoleOclock remains responsible for exercising reasonable care and skill in providing its photography services and for photography equipment supplied and controlled by PoleOclock.PoleOclock is not responsible for loss, injury or damage caused solely by defective third-party premises or equipment, the acts or omissions of another person, or circumstances outside PoleOclock's reasonable control. This does not exclude responsibility for PoleOclock's own negligence or breach of duty.
Where PoleOclock's normal on-the-day selection process is used, the Client chooses the images included in their package immediately after the photoshoot. The Client is responsible for checking that they are happy with their selections before leaving. Only images ordered by the Client are guaranteed to be processed and retained for delivery.
Additional edited images may be purchased on the day or ordered within seven days of the photoshoot, subject to the relevant files remaining available.After the seven-day period, PoleOclock does not guarantee that unselected images will remain available.
PoleOclock can only guarantee the retention of images which have been ordered. Unselected images may be kept temporarily for workflow, but they are not treated as Client-archived images and PoleOclock makes no undertaking to retain them.The fact that an unselected image happens to remain available after the seven-day ordering period does not create an entitlement to obtain or purchase it.
RAW files, unedited photographs, test frames, rejected images, intermediate edits and other working files form part of PoleOclock's creative working process and are not included in the Client's purchase. They will not normally be supplied.
Finished images are normally delivered digitally by email approximately 6-8 weeks after the photoshoot.If a significant delay arises because of illness, personal circumstances, technical issues or another unexpected event, affected Clients will be informed and given an updated expected turnaround time.Where an amount relating to the Client's order remains unpaid when the images are ready, delivery may be withheld until payment is received.
Email is PoleOclock's primary method of communication for image delivery, revisions, complaints and important booking correspondence. The Client is responsible for supplying an accurate email address and checking inbox, junk, spam and filtered folders.If the Client has not received their images by the end of the stated eight-week turnaround and has not been told of a delay, the Client should contact PoleOclock by email. PoleOclock cannot know that a delivery email has been filtered, blocked, overlooked or otherwise not received unless the Client tells us.Social media messages should not be relied upon for important contractual communications, cancellations, revision requests or complaints unless PoleOclock expressly confirms receipt.
Unless expressly stated otherwise, PoleOclock packages supply digital image files only. Printing is arranged by the Client at their own cost.PoleOclock cannot guarantee the appearance of photographs produced by third-party printers. Results may vary because of printer calibration, inks, paper, colour profiles, compression and other reproduction processes. Highly saturated colours, gradients and lighting effects can reproduce differently in print.
PoleOclock takes reasonable care of purchased image files during the photography, editing and delivery process. Once delivered, the Client is responsible for downloading and maintaining their own backups.PoleOclock may retain delivered photographs and original files for business, backup or archive purposes but does not guarantee indefinite storage unless specifically agreed in writing.
Copyright in photographs created by PoleOclock remains with PoleOclock/the Photographer unless copyright is expressly assigned in writing. Purchasing photographs does not transfer copyright.The Client receives a licence to use the finished purchased photographs in accordance with these Terms.
Unless a separate commercial licence has been agreed, the Client may download and store purchased photographs, make prints and products for personal display, and share the supplied online versions through personal social-media accounts.The personal-use licence does not include selling the images, licensing them to another person or organisation, using them to advertise or commercially promote a business, producing merchandise for sale or otherwise exploiting them commercially.
Where PoleOclock supplies files specifically intended for online sharing, those files should be used when publishing the photographs online.Where an online file contains a PoleOclock signature, logo or credit, it should remain visible and must not intentionally be removed or obscured.The Client must not apply filters, third-party retouching, AI editing, colour changes or other alterations which materially change the appearance of a PoleOclock finished image and then present the altered image as PoleOclock's finished work. Reasonable platform-required resizing or cropping is permitted provided it does not deliberately remove PoleOclock's identifying mark.
Use by a business, sponsor, brand, publication, event organiser, competition or other third party may require PoleOclock's prior permission and/or a separate commercial licence.Hosting a PoleOclock event does not give a Host any automatic right to use an individual participant's photographs. The Host must have the participant's permission and any required PoleOclock licence before using those images.
The Client acknowledges that they have had the opportunity to view examples of PoleOclock's work and are commissioning PoleOclock for its established photographic and editing style. Photography and retouching are creative services and the finished images are a PoleOclock creative product rather than a collaboratively art-directed edit.PoleOclock retains reasonable artistic discretion over lighting, exposure, colour, contrast, composition, crop, framing, background treatment and retouching. Reference images, website examples, lighting guides and previous photographs demonstrate the general creative approach only and do not promise an exact recreation.Every photograph is affected by the individual Client, pose, skin tone, clothing, studio space, surrounding surfaces, pole/aerial equipment, distance from lights and other shooting conditions. A named PoleOclock lighting style therefore describes the creative approach being used rather than an exact preset, colour value or template.Standard editing may include colour and exposure adjustment, lighting adjustment, cropping, removal or clean-up of distracting background elements and light skin retouching. PoleOclock's usual approach is to remove or soften temporary features such as blemishes and bruises while retaining permanent or characteristic features such as scars and birthmarks.PoleOclock aims to produce a polished version of the person photographed rather than materially change their appearance. Significant body reshaping, alteration of facial or body features, changing clothing, removing permanent characteristics or extensive reconstruction is not part of standard editing unless specifically agreed.Dissatisfaction based solely on a preference for a different creative treatment does not automatically mean that the photography service is defective. Nothing in this section affects the Client's statutory rights where the service has not been supplied with reasonable care and skill.
If the Client believes that something has been missed or incorrectly treated in an edit, they should contact PoleOclock by email within 21 days of delivery, identifying the relevant image and the specific concern.PoleOclock will review the concern. Where appropriate, one complimentary reasonable amendment may be made to each purchased image. This is intended to correct or review a specific concern and is not an entitlement to request alternative creative versions, different lighting treatments or an open-ended collaborative re-edit.Once a complimentary amendment has been completed, further requested changes to the same image may be treated as additional editing and may carry a charge. Any charge will be agreed before further work is undertaken.Requests received after 21 days may be declined or charged and remain subject to the relevant working files still being available. The 21-day process does not remove statutory rights which cannot lawfully be limited.
Where PoleOclock asks for permission to use identifiable Client images in its portfolio, website, social media, advertising or other promotional material, the Client's recorded choice will be respected.A decision not to give promotional permission does not reduce the photography service provided to the Client. Permission given to PoleOclock does not automatically give the Host or any unrelated third party permission to use the same image.
PoleOclock delivers images to the individual Client using the contact details supplied by that Client. A Host, studio owner, instructor or other participant does not automatically have access to another Client's images merely because they organised or attended the event.Images may be shared with another person where the Client has authorised this, where it is necessary to provide an agreed service, or where another lawful basis permits or requires disclosure.
PoleOclock uses reasonable professional procedures to reduce the risk of equipment failure, file corruption or image loss. Photography nevertheless relies on cameras, storage media, computers and other technology.If ordered photographs are lost, corrupted or incapable of delivery despite PoleOclock having exercised reasonable care and skill, PoleOclock will discuss an appropriate remedy having regard to the circumstances, the proportion of the service affected and the Client's legal rights.
PoleOclock may pause or end a session where a Client or accompanying person behaves in a threatening, abusive, discriminatory, harassing, dangerous or seriously disruptive manner, or where continuing would create an unreasonable risk to a person, premises or equipment.Any financial consequences will depend on the circumstances and applicable law.
If PoleOclock is unable to provide a booked shoot because of illness, emergency, travel disruption, venue closure or another circumstance outside reasonable control, affected Clients will be contacted as soon as reasonably practicable.Depending on the circumstances, PoleOclock may offer a rescheduled event, alternative appointment or appropriate refund. PoleOclock will not use these Terms to remove rights which the Client has by law where PoleOclock cancels or fails to provide the contracted service.
PoleOclock does not exclude or restrict liability where doing so would be unlawful. In particular, nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any statutory consumer right which cannot lawfully be excluded.Where loss arises from a matter outside PoleOclock's reasonable control or from the acts, omissions, premises or equipment of a third party, responsibility will be determined according to the circumstances and applicable law.
Concerns about PoleOclock's service should be sent by email so they can be properly reviewed. For image-related concerns, the Client should identify the relevant image number(s) and explain the issue as clearly as possible.Editing queries are handled under section 25. Other complaints will be considered within a reasonable time and in accordance with the Client's statutory rights.
PoleOclock will provide photography services with reasonable care and skill. Nothing in these Terms is intended to exclude, restrict or replace rights or remedies which a consumer has under applicable law.Where a booking is made online or away from PoleOclock's business premises, any statutory cancellation rights or exemptions that apply to the particular booking remain unaffected by these Terms.
If PoleOclock chooses to make a goodwill exception for a particular Client or booking, this does not permanently vary these Terms or require PoleOclock to make the same exception for another Client.Any agreed booking-specific variation should be confirmed in writing.
These Terms and the contract between PoleOclock and the Client are governed by the applicable laws of Scotland. Any dispute will be dealt with by the courts having jurisdiction under applicable law, including any rights a consumer has to bring proceedings in another part of the UK.
bottom of page
