For the purpose of this agreement the “Photographer” is MK Property Photography. The “Client” is the party commissioning the Photographer. For the purpose of this agreement the Client shall where the context so admits include their respective assignees, sub-licensees and successors in title. “Photographs” means all material furnished by the Photographer, whether electronic or physical. “Property” means the property (e.g. house) in which the Client has commissioned the Photographer to photograph.
2. Copyright and ownership of materials
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
3. License to use photos
The Usage Licence shall where Photographer requests, come into effect from the date of full payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s), without the Photographer’s express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation. The period of usage commences from date of first use until the sale or let of Property. 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 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 e.g. use in relation to another product or sub-licensing through a photo library. Any estimate of usage fees to the Client are valid for a period of 30 days only from the estimate date. The Photographer reserves the right to renegotiate the fees after the period has expired. Permission to use the Photographs for purposes outside of the Usage License, will normally be granted upon full payment of a further fee, to be agreed with the Photographer. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions. The Photographer retains the right in all cases to use the Photographs at any time for the purposes of promoting his/her work.
More information on Usage Licenses can be found on the AOP website – https://www.the-aop.org/information/copyright-4-clients
3.1. License to use photos (Home owners / Landlords)
The Usage License of the Photographs are granted for the marketing of the Property of Client and Usage is granted to a single estate or letting agent that has been instructed by Client. Should Client decide to de-instruct their estate or letting and either instruct a new or additional estate or letting agent, then payment of a further fee shall be payable by either the Client or the estate or letting agent. No usage of the Photographs shall be granted to a third party (e.g. estate or letting agent) by the Client without the express permission of Photographer.
The Client shall be responsible for obtaining any required clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
Client agrees to make final payment of outstanding balance within the timeframe stated on the invoice. Client shall where requested, pay a deposit sum of 50% of the fee stated on the invoice by BACS transfer to secure a booking. A Usage License may not be granted to Client until full payment on invoice has been received. We reserve the right to instruct an immediate withdrawal of usage of photos from all online and print media until debt has been cleared. Interest shall be charged in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Late payments will incur a compensation/recovery fee of up to £100. All payments are via bank transfer only.
5.1. New Clients
Payment for the first booking may be payable in full prior to the photos being released for use.
5.2. Photo correction retainer
Client shall be invoiced on the first day of the month for the work undertaken in the previous month. Client agrees to make final payment of outstanding balance within the timeframe stated on the invoice.
Where extra expenses or time are incurred by the Photographer, as a result of alterations to the brief by Client, or otherwise at their request, Client shall be liable to pay such extra expenses or fees at an agreed rate to that which has already been agreed. Should Property be located outside of an MK postal code then an additional mileage charge for both inbound and return journey shall be chargeable to Client.
If Client is not present during the photo-shoot of the Property then Client is obliged to accept Photographers judgement as to the acceptability of the Photographs. There is no right to reject Photographs on the basis of style or composition.
Should Client require specific aspects of a Property to be photographed, then Client should state this at the time of booking. Any aspects of a property which were not photographed by Photographer and which were not specifically requested at the time of a booking shall not act as a means for the Client to refuse payment for the booking.
Should Photographs be supplied to Client, but then not used by Client (e.g. due to a withdrawal of the property from market), then Client shall still pay for the requested quantity of Photographs, or, value relating to the service/s booked.
7.1 Property presentation
The Client shall be responsible for ensuring all necessary measures are taken to ensure the Property is presented to an acceptable standard (e.g. ’photo-ready’) and presented to a standard deemed acceptable by Client, prior to the booking date.
Should Photographer be asked to return to the Property for further work, because the property was not presented in the expected state (e.g. unexpected renovation work or clutter), then Photographer shall charge an additional fee to Client.
Photographer shall not be responsible for the moving of objects within the internal (e.g. furniture) or external (e.g. waste bins) aspects of a Property that may be deemed a health and safety risk to Photographer.
Photographer reserves the right to charge Client 100% of the fee stated on the booking confirmation, for any cancellation or postponement of a booking that is requested with less than 24 hours notice of a confirmed appointment date. If you wish to cancel a booking then please email us to confirm your cancellation request. Client is responsible for payment of all expenses incurred up to the time of cancellation. All deposits paid prior to a booking are non-refundable.
8.1. Access to property
Should Photographer fail to gain entry (e.g. incorrect keys) or be denied access to a property, then Photographer reserves the right to charge Client the full value of the booking, as well as any additional fees incurred to Photographer by a third party supplier.
In relation to the Dangerous Dogs Act 1991 and to reduce the risk of damage to our equipment and injury to our Photographers, Client shall advise home owner to ensure dogs are kept in gardens or in separate rooms whilst Photographer is on site. Photographer can at their own discretion refuse to enter a Property should they feel it unsafe to do so. Should Photographer refuse to enter a Property for fear of safety, then Photographer reserves the right to charge Client the value of the booking, as well as any additional fees incurred to Photographer.
Should our equipment be damaged by an animal within the Property (including the grounds of the Property) then the owner of the pet shall be liable for payment of repair or replacement of any damaged equipment. Should Photographer sustain any injury due to act of aggression from an animal at a Property, then legal action shall be sought against the animals owner.
Photographer shall not be responsible for the moving of objects within the internal (e.g. furniture) or external (e.g. waste bins) spaces of a Property that may be deemed a health and safety risk to Photographer.
Occasionally, adverse weather conditions(e.g. snow/rainfall, fog or high winds) may prevent the photographing of a Property due to poor visibility or for health and safety reasons. In such circumstances the Photographer will arrange for an alternative suitable time to return to photograph the Property. An additional charge to Client for re-visiting Property shall apply.
Photographer’s liability in any case is limited to professional fees, which have been agreed. Photographer shall not be liable to Client for any loss of sale, profit, business or cancellation of or reduced viewings of the Property, which Client assumes may arise out of or in connection with the photographing of a Property. Photographer shall not be liable should the Property of Client fail to sell or let.
11. Floor plans
All floor plans are drawn using various skill and care in accordance with the Q-Mark Code of Measuring Practice. Floor plans are for layout purposes only and are not intended to be scale drawings. Measurements are approximate, may have been taken at maximum distances and should not be relied upon for valuation purposes. It is the responsibility of the Client to agree that the floor plan is reasonably accurate enough and acceptable for its intended purpose. The Photographer accepts no liability whatsoever for any error or omission or inadvertent misstatement in a floor plan.
We can source third-party certified Domestic Energy Assessors (DEAs) to provide EPCs on our Clients’ behalf. We charge a percentage of the EPC cost to cover our administration time for booking this service on our Clients’ behalf. Should a booking request for an EPC be made in a postcode where a Certified DEA for that location cannot be sourced, then Photographer shall advise Client prior to booking confirmation.
13. Applicable Law
This agreement shall be governed by the Laws of England & Wales.
These Terms and Conditions shall not be varied except by agreement in writing.
Last updated 16th January 2019.