standard terms and conditions
 
TERMS & CONDITIONS
1. Business Identity & Application of These Terms
These Terms & Conditions apply to services provided by Thomas Major trading as Major Creative Group (“we”, “us”, “our” or “the Supplier”).
Major Creative Group operates through the following specialist trading brands:
Tom Major Media – corporate, commercial, event, photography and video production services provided through tommajormedia.co.uk.
Biopharmedia – specialist photography, video production and content services for the life sciences, diagnostics, biotechnology, healthcare and related sectors provided through biopharmedia.co.uk.
Keepers Photography – professional sports, editorial and commercial sports photography services provided through keepers.photography.
References within quotations, invoices, correspondence or project documentation to Tom Major Media, Biopharmedia or Keepers Photography refer to services supplied by Thomas Major trading as Major Creative Group under the relevant trading brand.
The applicable trading brand will normally be determined by the website, quotation, correspondence or service through which the Client engages us.
These Terms & Conditions apply alongside any quotation, statement of work, booking confirmation or other written agreement relating to a project.
Where specific terms agreed in writing for a particular project differ from these standard Terms & Conditions, the specifically agreed terms shall take precedence.
2. Quotations & Scope of Work
All quotations are based on the information, requirements and scope provided by the Client at the time of quotation.
Unless otherwise stated, quotations remain valid for 30 days from the date of issue.
The quotation will set out the agreed scope of work, which may include:
* Filming and/or photography
* Production time
* Editing and post-production
* Agreed deliverables
* Travel and expenses
* Equipment or crew requirements
* Delivery timescales
* Licensing or usage arrangements
* Any other specifically agreed services
Work requested outside the agreed scope may be subject to additional charges.
Where the scope of a project materially changes after acceptance, we reserve the right to issue a revised quotation or agree additional fees before undertaking the additional work.
3. Booking & Confirmation
A project or assignment is considered confirmed when the Client:
* Accepts a quotation in writing;
* Provides written instruction to proceed;
* Issues a purchase order;
* Pays any requested deposit; or
* Otherwise clearly instructs us to commence the agreed work.
By confirming a booking, the Client agrees to these Terms & Conditions unless alternative terms have been expressly agreed in writing.
Dates are not guaranteed until a booking has been confirmed.
4. Deposits & Advance Payments
Where a deposit is required, the amount and payment deadline will be specified within the quotation or invoice.
Unless otherwise agreed:
* Projects booked more than 30 days in advance may require a 25% deposit to secure the booking.
* Projects booked between 14 and 30 days before commencement may require a 50% deposit.
* Projects booked within 14 days of commencement may require full payment or a 50% deposit, as specified within the quotation.
* Same-day or short-turnaround event assignments may require at least 50% payment in advance.
A booking is not considered financially secured until any required deposit has been received.
Deposits may be non-refundable where we have reserved dates, declined alternative work, incurred costs or commenced preparation for the project.
5. Payment Terms
Payment terms will be stated on the relevant quotation and/or invoice.
Unless alternative payment terms have been expressly agreed in writing, invoices are payable within the period stated on the invoice.
Where staged payments apply, the payment schedule will be specified within the quotation or invoice.
For video production projects involving draft delivery, any outstanding final balance will ordinarily become payable upon approval of the final deliverables or in accordance with the payment deadline specified within the quotation or invoice.
Specific services, including sports photography assignments supplied through Keepers Photography, may operate under separate payment terms stated within the relevant quotation or specialist Terms & Conditions.
Payment obligations are not dependent upon the Client receiving payment from its own customer, sponsor, agency or other third party.
Late payments may be subject to statutory interest, compensation and reasonable recovery costs where applicable under the Late Payment of Commercial Debts (Interest) Act 1998.
We reserve the right to suspend work, delay final delivery and/or suspend usage rights where undisputed invoices remain overdue, subject to applicable law.
6. Expenses & Additional Costs
Unless expressly included within the quotation, reasonable expenses required to complete the agreed work may be charged separately.
These may include:
* Travel and mileage
* Rail or air travel
* Accommodation
* Parking
* Tolls
* Venue or location fees
* Permits
* Courier costs
* Specialist equipment hire
* Additional crew
* Music, stock media or other third-party licences
Where practical, significant additional expenses will be agreed with the Client in advance.
7. Client Responsibilities
The Client is responsible for providing accurate and timely information required to complete the project.
This may include:
* Correct dates, times and locations
* Access arrangements
* Contact details
* Brand guidelines
* Scripts or approved messaging
* Logos and graphical assets
* Required permissions and releases
* Venue permissions
* Contributor availability
* Relevant safeguarding requirements
* Any specific deliverable requirements
Delays or additional work resulting from incomplete, inaccurate or late information may affect delivery times and may incur additional charges.
The Client is responsible for ensuring that any materials supplied to us can lawfully be used for the intended purpose.
8. Production & Creative Discretion
We will provide services with reasonable professional care and skill and in accordance with the agreed creative brief.
The Client acknowledges that photography and video production involve professional creative judgement.
Unless specific requirements have been agreed in writing, we retain reasonable creative discretion regarding:
* Composition
* Camera positioning
* Lighting
* Image selection
* Editing
* Colour treatment
* Music selection
* Pacing
* Cropping
* Final presentation
We cannot guarantee the capture of spontaneous or unpredictable moments at live events.
9. Editing, Drafts & Revisions
Where applicable, draft versions of video or other edited content may be supplied for Client review.
Unless otherwise stated in the quotation, video production projects include up to two reasonable rounds of revisions.
Revision requests should be consolidated and clearly communicated.
Additional revision rounds, substantial changes to an approved creative direction, or requests outside the original scope may be charged at the prevailing editing rate.
Where applicable, additional editing is charged at £400 per day or the equivalent agreed hourly/pro-rata rate, unless otherwise specified.
A revision does not include a fundamental change to the original agreed brief after production has taken place.
10. Client Review & Approval
The Client is responsible for reviewing draft content carefully before approval.
This includes checking:
* Names and titles
* Spelling
* Logos
* Branding
* Factual information
* Dates
* Contact information
* Subtitles and captions
* Product claims
* Regulatory or compliance wording
Once content has been approved, subsequent changes may incur additional charges.
If no feedback is received within 10 working days of a review request, we may treat the relevant draft as approved for the purpose of progressing or closing the project, provided reasonable attempts have been made to obtain feedback.
This does not remove any payment obligation already due under the agreed payment terms.
11. Delivery
Final deliverables will be supplied in the format agreed within the quotation.
This may include:
* Digital download
* Private online gallery
* Cloud delivery
* File transfer
* Other agreed electronic delivery methods
Video review copies may be supplied as watermarked or lower-resolution files prior to final approval and/or payment.
Where specified, final high-resolution or 4K deliverables may be released following receipt of outstanding payment.
Estimated delivery dates are provided in good faith.
We will make reasonable efforts to meet agreed deadlines but cannot be held responsible for delays caused by circumstances outside our reasonable control or by delays in receiving Client feedback, materials or approvals.
12. Copyright & Intellectual Property
Unless expressly assigned in writing, copyright and intellectual property rights in photographs, video footage and original creative work produced by us remain with Thomas Major trading as Major Creative Group.
The fact that services have been commissioned or paid for does not automatically transfer copyright ownership.
Upon full payment of all sums due, the Client receives the usage rights or licence agreed within the quotation, project agreement or these Terms & Conditions.
Where no specific licence has been agreed, the Client receives a non-exclusive licence to use the final delivered content for its own reasonable business, marketing, promotional, website and social media purposes.
Raw footage, RAW photographs, project files, timelines and other working materials remain our property unless specifically included within the agreed scope.
13. Usage Rights
The Client may use final delivered content in accordance with the licence agreed for the project.
Unless otherwise agreed, standard commissioned content may be used by the Client across:
* Its own website
* Social media channels
* Digital marketing
* Internal communications
* Email marketing
* Presentations
* Printed promotional materials
* Public relations relating to the Client
Content may not be sold, sublicensed or transferred to unrelated third parties for their independent commercial use unless such use has been agreed.
Where content is commissioned for a specific campaign, territory, advertising placement or commercial purpose, additional licensing conditions may be specified within the quotation.
14. Third-Party Usage
Where a Client wishes to provide photographs, footage or finished content to another company, sponsor, partner, publisher, agency or organisation for that third party’s independent commercial use, additional permission or licensing may be required.
Reasonable sharing for press, PR or promotion directly connected with the commissioned project may be permitted where consistent with the agreed licence.
The Client should contact us where there is uncertainty regarding third-party usage.
15. Portfolio & Promotional Use
Unless otherwise agreed in writing, we reserve the right to display completed work for legitimate self-promotional purposes, including:
* Our websites
* Showreels
* Portfolios
* Social media
* Business presentations
* Awards
* Marketing materials
Where a project is confidential, subject to an embargo, involves commercially sensitive information or contains identifiable children or vulnerable individuals, appropriate restrictions will be respected.
Identifiable images of children will only be used for our own promotional purposes where appropriate permission exists for that use.
The Client should notify us in writing before commencement where confidentiality or publication restrictions apply.
16. Confidentiality
We will take reasonable steps to protect confidential information provided in connection with a project.
Confidential or commercially sensitive information will not knowingly be disclosed to unrelated third parties except where:
* Necessary to complete the agreed work;
* Required by law;
* The information is already publicly available; or
* The Client has authorised disclosure.
Where appropriate, separate non-disclosure agreements may be entered into.
17. Data Protection & Privacy
Personal information will be handled in accordance with applicable UK data-protection law.
Where photography or filming involves identifiable individuals, the respective responsibilities of the Client and Supplier will depend upon the nature and purpose of the processing.
The Client is responsible for ensuring that appropriate notices, permissions, consents or other lawful arrangements required for the commissioned activity are in place where this falls within the Client’s responsibility.
We will take reasonable measures to protect personal data and media files while under our control.
Additional safeguarding and photography provisions may apply where children or young people are involved.
18. Children, Young People & Safeguarding
Where photography or filming involves children or young people under the age of 18, additional safeguarding requirements may apply.
The commissioning Client, school, nursery, sports organisation, event organiser or other responsible organisation must ensure that appropriate safeguarding arrangements and photography/publication permissions or other lawful arrangements are established.
We must be informed of any individual who must not be photographed, filmed or included within published material.
Specialist Youth Photography / Youth Sports Photography Terms & Conditions may apply in addition to these standard Terms.
19. Artificial Intelligence & Unauthorised Image Use
Publicly published photographs and video may potentially be copied, downloaded, redistributed, manipulated or used by unauthorised third parties.
This may include alteration or misuse through artificial intelligence and other digital technologies.
We cannot control or accept responsibility for unauthorised copying, redistribution, AI-generated alteration or other misuse by unrelated third parties following lawful publication by the Client or another authorised party, except to the extent responsibility arises from our own acts, omissions or legal obligations.
Clients should carefully consider privacy and safeguarding implications before publicly publishing identifiable imagery, particularly where children or vulnerable individuals are depicted.
20. Raw Footage, RAW Images & Project Files
Unless expressly included within the quotation, the following are not included as standard deliverables:
* Camera-original video footage
* RAW photographic files
* Rejected or unused images
* Editing project files
* Timelines
* Graphics source files
* Audio project files
* Other working materials
These materials remain our working assets.
Where available, they may be supplied subject to a separate written agreement and additional fee.
21. Storage & Archiving
We will take reasonable measures to protect project files during active production and delivery.
Unless long-term archiving has been specifically agreed, we do not guarantee permanent storage of project files or final deliverables.
Clients are responsible for downloading and securely backing up final delivered content.
Working files, RAW media and project assets may be deleted after a reasonable retention period.
Recovery or re-supply of archived projects, where available, may incur an administration or re-export fee.
22. Cancellation & Postponement
Where a confirmed project is cancelled or postponed by the Client, cancellation charges may apply to reflect reserved production time, preparation undertaken, work already completed and costs incurred.
Unless alternative cancellation terms are specified within the quotation:
* Cancellation more than 30 days before commencement may result in loss of any non-refundable deposit and recovery of committed costs.
* Cancellation between 30 and 14 days before commencement may incur up to 50% of the agreed project fee.
* Cancellation within 14 days of commencement may incur up to 100% of the agreed project fee.
Reasonable efforts will be made to transfer payments to a rescheduled date where practical and mutually agreed.
Non-refundable expenses already incurred remain payable.
23. Travel Disruption, Events & Force Majeure
We shall not be liable for failure or delay caused by circumstances outside our reasonable control.
These may include:
* Severe weather
* Illness or emergency
* Transport cancellation or significant disruption
* Venue closure
* Event cancellation
* Government restrictions
* Industrial action
* Security incidents
* Natural disasters
* Widespread network or technology outages
* Other circumstances reasonably considered force majeure
Where possible, we will communicate promptly and work with the Client to find a reasonable alternative.
24. Equipment Failure & Data Loss
We use professional equipment and reasonable backup procedures appropriate to the nature of the assignment.
However, digital production involves technologies that can occasionally fail.
In the exceptional event of equipment failure, media corruption, theft, accident or data loss that prevents delivery of agreed content, our liability will ordinarily be limited to the fees paid or payable for the affected portion of the service, subject to applicable law.
Where practical, we will make reasonable efforts to recover data, arrange replacement equipment or offer an appropriate alternative solution.
Nothing within these Terms excludes liability where it would be unlawful to do so.
25. Music, Stock Media & Third-Party Materials
Where a project requires licensed music, stock footage, photographs, fonts, graphics or other third-party assets, usage may be subject to the licence terms of the relevant provider.
Unless otherwise agreed, the Client receives the benefit of the licence only to the extent permitted by the applicable third-party terms.
We cannot grant rights that exceed those provided by the original rights holder.
26. Accuracy, Claims & Regulatory Responsibility
The Client remains responsible for the factual, legal and regulatory accuracy of claims contained within content that it has supplied, requested or approved.
This is particularly relevant to:
* Medical or healthcare claims
* Scientific claims
* Product performance claims
* Financial information
* Regulatory statements
* Testimonials
* Advertising claims
Our role in producing or editing content does not constitute independent verification or approval of such claims.
The Client should obtain appropriate professional or regulatory approval where required.
27. Limitation of Liability
To the fullest extent permitted by law, our total liability arising from a specific project shall not exceed the total fees paid or payable for the services giving rise to the claim.
We shall not be liable for indirect or consequential loss including:
* Loss of profit
* Loss of opportunity
* Loss of anticipated business
* Reputational loss
* Loss resulting from delayed publication
* Loss resulting from circumstances outside our reasonable control
Nothing within these Terms excludes or limits liability where doing so would be unlawful.
28. Complaints & Disputes
Any concerns regarding our services or delivered content should be raised as soon as reasonably possible.
We will make reasonable efforts to investigate and resolve legitimate concerns professionally.
A complaint does not automatically suspend the obligation to pay undisputed invoices within the agreed payment period.
Where a dispute arises, both parties should first make reasonable efforts to resolve the matter through good-faith communication before commencing formal proceedings.
29. Specialist Brand & Service Terms
Certain services may be subject to additional specialist Terms & Conditions.
These may include:
Biopharmedia
Additional requirements relating to scientific, healthcare, life-science or regulated-sector production.
Keepers Photography
Additional Sports Photography Terms & Conditions covering matters including accreditation, match access, editorial licensing, sports cancellations and specialist payment arrangements.
Youth Photography / Youth Sports Photography
Additional safeguarding, consent, image-publication and child-protection provisions.
Where specialist terms apply, they operate alongside these standard Terms & Conditions.
If a specialist provision conflicts with a general provision in these Terms, the specialist provision will take precedence in relation to that specific service.
30. Trading Brands & Contracting Party
For the avoidance of doubt, services marketed, quoted, invoiced or delivered under the names:
Tom Major Media
Biopharmedia
Keepers Photography
are trading activities of Thomas Major trading as Major Creative Group, unless a quotation or contract expressly identifies another legal entity.
Use of a trading brand does not create a separate legal contracting entity.
References to any of these trading brands within project correspondence should therefore be understood as references to Thomas Major trading as Major Creative Group in relation to the relevant service.
31. Governing Law
These Terms & Conditions and any agreement arising from them are governed by the laws of England and Wales.
Any dispute shall be subject to the jurisdiction of the courts of England and Wales.
32. Acceptance
By accepting a quotation, confirming a booking, issuing a purchase order, paying a deposit or instructing us to commence work, the Client confirms acceptance of these Terms & Conditions unless alternative terms have been expressly agreed in writing.
The relevant quotation, statement of work, booking confirmation and any specifically agreed written terms form part of the agreement between the Client and:
Thomas Major trading as Major Creative Group
Operating through the relevant trading brand:
Tom Major Media | Biopharmedia | Keepers Photography