Terms & Conditions

1. Definitions

For the purpose of this agreement the “Photographer” is MK Property Photography as set out in the Estimate and invoice.

“Client” is the party commissioning the Photographer and includes the Client’s respective assignees, sub-licensees and successors in title. In cases where the Photographer’s Client is a direct Client (i.e., with no agency or intermediary), all references in this agreement to both “the Agency” and “the Advertiser” shall be interpreted as references to the Photographer’s Client. 

“Photographs” means all material furnished by the Photographer, including floor plans, whether electronic or physical.

“Estimate” means any document prepared by the Photographer setting out the Fees and Expenses necessary to produce the Shoot including information on the Usage Licence.

“Fees” means Photographer’s Fees as set out in the Estimate and invoice.

“Expenses” means any additional costs necessary to produce the Photographs aside from Fees.

“Usage Licence” is the licence granting specific reproduction rights to the Photographs as outlined in the Estimate and invoice in accordance with these terms. 

“Shoot” means the number of confirmed days for the booking whether the job is undertaken as a whole or in separate parts.

“Location” is the postal address of the residential or commercial structure or dwelling where the Shoot will take place.

“Occupants” means any people who reside or are present at the Location.

“Supplier” is any Third-Party individual or company acting directly on behalf of the Photographer.

2. Copyright & Usage Licences

In accordance with the Copyright, Designs & Patents Act 1988, the entire copyright in the Photographs including ownership and title to all materials is retained by the Photographer at all times throughout the world.

The period of usage commences from date of first use of the Photographs by the Client.

Changes to the Usage Licence required must be negotiated with the Photographer.

Permission to use the Photographs for purposes outside of the terms of the license, will normally be granted upon full payment of a further Fee, to be agreed with the Photographer (and paid in full) before such further use.

The Usage License only applies to the Client and products as stated on the Estimate and invoice and its benefit shall not be assigned to any third party without the Photographer’s express permission. 

Accordingly, even where any form of ‘All Media’ licence is granted, the Photographer’s permission must be obtained before any use of the Photographs for other purposes i.e. use in relation to another product or sub-licensing through a photo library.

It is the responsibility of the Client to inform all third parties of the extent and limitation of the Usage Licence.

In the absence of such a Usage Licence having been supplied in writing, there is no usage granted whatsoever.

Unless otherwise agreed in writing, all further licences in respect of the Photographs will be subject to these terms and conditions.

Any Estimate of usage Fees to the Client are valid for a period of one month only from the Estimate date. 

The Photographer reserves the right to renegotiate these Fees after this period has expired.

The Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purpose of advertising or otherwise promoting his work.

Where Photographs are stored electronically by the Client they must be erased at the conclusion of the agreed usage period.

3. Third party data

It is the responsibility of the Client to ensure any exchange of the Occupants data (e.g., phone number, email address, postal address) with the Photographer has consent from the Occupants. Where occupant consent is given, then the Client shall inform the Occupant that the Photographer may need to exchange such personal data with Suppliers acting on behalf of the Photographer.

4. Indemnity

The Photographer shall only be responsible for obtaining clearance or permissions in respect of models, third party copyright works, trademarks, designs or other intellectual property if this has been expressly agreed in writing. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. 

5. Liability

Photographer’s liability in any case is limited to professional fees, which have been agreed. 

Photographer shall not be held liable to the Client for any loss of profit, loss of contracts, loss of business or revenue, loss of production or for any indirect, special or consequential loss, damage, costs, expenses or other claims which arise out of or in connection with the Shoot.

It is the responsibility of the Client to ensure a back-up is made of all Photographs that are delivered. Photographer shall not be held liable for the storing or maintaining of Photographs after delivery to the Client. 

6. Estimates

Estimates provided for a booking are based upon the information provided by the Client (e.g., size of property, location, property valuation) in advance of the booking and are not a quotation. Client may therefore wish to allow for a contingency budget on all Estimates supplied by the Photographer. 

It is the responsibility of the Client to ensure the job description provided on any Estimate meets the requirements as outlined in the Client’s brief. 

Estimate Fees are not subject to VAT.

7. Contingency expenses

Where extra Expenses or time are incurred by the Photographer as a result of alterations to the brief by the Client, or otherwise at their request, then the Client shall be liable to pay such extra Expenses or Fees at Photographer’s normal rate, in addition to the Expenses or Fees already agreed or estimated.

8. Payment

A non-refundable deposit of Fees shall be payable by all new Client’s prior to the date of the first Shoot.

All Expenses shall be paid by the Client in advance of the Shoot.

Client agrees to make final payment of outstanding balance within the timeframe stated on the invoice(s). 

Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due to the date payment was made.

Late payments will incur a compensation/recovery fee of up to £100.

Client shall be liable for payment of any legal and/or court fees incurred by the Photographer whilst pursuing late payment of invoice(s).

Photographer reserves the right to instruct an immediate withdrawal of usage of Photographs from all media until any debt has been cleared.

Payment of invoice(s) by bank (BACS) transfer only.

9. Exclusivity

Should an exclusive licence be granted to the Client, then Client will be authorised to publish the Photographs to the exclusion of all other persons.

The Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purpose of advertising or otherwise promoting his work. 

After the exclusivity period indicated in the Usage Licence to use the Photographs has expired, the Photographer shall be entitled to use the Photographs for any purposes including the licensing of the Photographs to third parties.

10. Location

It is the responsibility of the Client to advise the Occupants to prepare the Location to a standard deemed acceptable for the Shoot. 

Photographer shall not be responsible for the moving of anything deemed a health and safety risk during The Shoot. 

It is the responsibility of the Client to ensure any information (e.g., address details, alarm codes, parking preferences) relating to the gaining of access to the Location are correct and outlined prior to the Shoot. Should the Photographer fail to gain access to a Location resulting in the Shoot not being able to take place, then the Photographer reserves the right to charge the Client the full value of the booking Fee, including any additional expenses incurred by the Photographer.

It is the responsibility of the Client to apply for any permits (e.g., property release forms, council permits, police permits) required for the Location (e.g., parks, buildings, public spaces) for the duration of the Shoot. 

It is the responsibility of the Client to advise Occupants in advance of the Shoot to ensure any free-roaming pets (e.g, dogs, cats) are kept in separate rooms or a safe distance away from the Photographer and his equipment during the Shoot. 

It is the responsibility of the Client to advise the Occupants that should the Photographer sustain any injury due to an act of aggression from a pet during the Shoot, then legal action shall be pursued against the owners of the pet.

It is the responsibility of the Client to inform the Occupants that should any equipment of the Photographer be damaged by a pet, including within the Location grounds during the Shoot, then the owners of the pet shall be liable for payment of repair or replacement of any damaged equipment.

11. Rejection

If the Client is not present during The Shoot then the Photographer’s interpretation of the brief is deemed acceptable by the Client. There is no right to reject Photographs on the basis of style or composition unless otherwise agreed in writing.

It is the responsibly of the client to  clearly state any specific requirements for The Shoot during the booking. Unless Photographs of specific aspects of a Location are requested at the time of booking, then the Photographer shall use his best judgement to photograph the Location as he deems acceptable. 

12. Post processing

Estimated Fees include post processing to ensure Photographs are delivered to a high quality

Further Fees shall be payable by the Client for any additional retouching of the Photographs that is requested by the Client after the Photographs have been delivered.

13. Delivery and Storage

It is the responsibility of the Client to ensure any specific delivery requirements (e.g., ICC profiles, dimensions, format, colour space, resolution) relating to the Photographs are stated on the briefing form. 

RAW files remain the ownership of the Photographer at all times and shall not be assigned to the Client, or any third party on behalf of the Client. 

All Photographs are delivered to the Client via a linked cloud based storage folder, accessible between the Client and the Photographer. 

An additional Fee shall be payable by the Client for the Photographs to be delivered in hard format (e.g., CD, DVD, USB drive, SD Card)

14. Cancellation/Postponement

A booking is considered agreed as from the date of the booking agreement and accordingly the Photographer, will at his discretion, charge a Fee for cancellation or postponement. If an agreed booking for a Shoot is cancelled or postponed, or it is necessary to reshoot for reasons outside of the Photographer’s control, then the Client is responsible for payment of the following Fees plus Expenses in all cases incurred up to the time of cancellation or postponement:

Cancellation within 2 days notice = 100 percent of Fees plus all Expenses incurred.

Between 3 and 4 days = 50 percent of Fees plus all Expenses incurred.

7 days notice and over = 25 percent of all Fees and Expenses incurred. 

15. Right to a credit

The Photographer must be credited on all editorial and published use of the Photographs. The credit should shall be in close proximity to the published Photographs and must read “Image by MK Property Photography” or “imagery by MK Property Photography”.

‘Client shall supply the Photographer with a copy of any published reproductions where the Photographs have been used. 

‘In the event that Photographs are posted to social media (e.g., Instagram, Facebook, Twitter, Youtube) by or on behalf of the Client, the text caption must include @mkpropertyphotography and the hashtag #mkpropertyphotography

‘The Usage License only applies to the Client and products as stated on the invoice and its benefit shall not be assigned to any third party without the Photographers permission.

16. Confidentiality

It shall be the sole responsibility of the Client to arrange for the Photographer plus any third party involved to enter into any confidentiality agreement. Photographer shall not be held liable for any breach of confidentiality by any third party. 

17. Image enhancement service

Image enhancement for images supplied by the Client include adjustments of the lens profile, lens distortion, exposure, white balance, shadows, highlights, sharpening, noise and applying of blue sky.

The Photographer shall not be liable for any loss of images supplied by the Client. It is the responsibility of the Client to ensure a back-up is made of all images supplied to Photographer. 

Photographer shall not be held liable to the Client for any loss of profit, loss of contracts, loss of business or revenue, loss of production or for any indirect, special or consequential loss, damage, costs, expenses or other claims which arise out of or in connection with the Shoot.

Photographer shall invoice the Client on the first day of each month for the image enhancement service undertaken during the previous month. Client agrees to make final payment of outstanding balance within the timeframe stated on the invoice(s). 

18. Health & Safety

It is the responsibility of the Client to advise the Photographer at the time of booking of any safety regulations or procedures in place or any documentation (e.g., construction site visitor card) required at the Location.

In relation to the Dangerous Dogs Act 1991 and to reduce the risk of injury to the Photographer and any damage to equipment owned by the Photographer, it is the responsibility of the Client to advise the Occupants to ensure pets are kept a safe distance from the Photographer during the Shoot. Should any equipment of the Photographer be damaged by a pet within a Location during a Shoot, including within the grounds of a Location, then the owner of the pet shall be liable for payment of repair or replacement of any damaged equipment. Should the Photographer sustain any injury due to an act of aggression from a pet at a location, then legal action shall be sought against the owners of the pet. 

Photographer can at his own discretion refuse to enter a Location should he consider it unsafe to do so. Should the Photographer refuse to enter a Location due to safety concerns, then the Photographer reserves the right to charge the Client the full booking Fee, including any additional Fees incurred by a Supplier. 

Photographer shall not be responsible for the moving of objects or anything within the internal spaces (e.g. furniture) or external spaces (e.g. waste bins) of a Property that may be considered a health and safety risk.

19. Weather

Occasionally, adverse weather conditions (e.g., snow, fog, high winds) may prevent the photographing of a Location. In such circumstances the Photographer can arrange for an alternative suitable time to return to the Location. An additional charge to Client for re-visiting the Location may apply.

20. Elevated Photography

Occasionally, health and safety concerns (e.g. overhead power cables, high winds) may prevent the photographing of a Location. In such circumstances the Photographer can arrange for an alternative suitable time to return to the Location. An additional charge to Client for re-visiting the Location may apply.

21. Floor plans

Floor plans are for layout purposes only and are not intended to be scale drawings. All measurements, including window and door openings are approximate and should not be relied upon for valuation purposes.

Please check all dimensions, shapes & compass bearings before making any decisions reliant upon them. Photographer accepts no liability whatsoever for any error or omission or inadvertent mis-statement in a floor plan. 

Floor plans shall not be assigned, leased or sold to any Third-Party, without the express permission of the Photographer. Any customised amendments to floor plans which require editing using alternative software shall incur an additional Fee. 

22. EPC’s

Requests by the Client for a certified Domestic Energy Assessor (DEA) to provide Energy Performance Certificates (EPCs) will be outsourced to a Supplier by the Photographer.

The Photographer cannot guarantee the availability of Suppliers and accepts no liability whatsoever for any lateness, rescheduling or cancellation of a booking by the Supplier due to reasons outside of the Suppliers control.

EPC Fees include the time required for the Photographer to source, manage and administer the service for the Client. 

It is the responsibility of Client to agree that any supplied EPC is reasonably accurate enough and acceptable for its intended purpose. Photographer accepts no liability whatsoever for any error or omission or inadvertent misstatement in an EPC. 

EPCs shall not be assigned, leased or sold to any Third-Party, without the express permission of Photographer.

Any amendments to an EPC may incur an additional Fee.

23. Applicable Law

This agreement shall be governed by the Laws of England & Wales.

24.Variation

These Terms and Conditions shall not be varied except by agreement in writing.

Last updated 23rd November 2020.

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