By booking any service with Landlord Photography you are agreeing to the following terms and conditions. If you do not agree with the terms and conditions, do not book the services.
Terms and Conditions
For the purpose of this agreement the “Photographer” is Landlords Photography, a trading name of Paul Darvell. The “Client” is the party commissioning the Photographer. For the purpose of this agreement the Client includes assignees, sub-licensees and successors in title. “Photographs” includes all material provided by the Photographer. “Property” means the property (e.g. house) in which the Client has commissioned the Photographer to photograph.
The Photographer exclusively owns all rights to the photographs. Only the Photographer or his appointed representatives can assign licences for the use of the photographs. As such, the Photographer can use all photographs for his own marketing purposes. No licence is assigned either implicitly or explicitly until full payment has been received. Licences only apply to ‘final full quality’ images. No licences are granted on images provided for proofing purposes and these may not be used for any purpose other than to select the final images. No licence is transferrable unless explicit consent is provided by the Photographer.
The Usage License of the Photographs grant permission for the marketing of the property with a single agent. Where an agent is de-instructed or there is a multi-agent situation then additional licences are required. The Client has no rights to assign licences or permit usage of the photographs other than what is explicitly provide by this agreement. If the Client intends using the photographs for any purpose not covered by the Usage Licence, then an additional licence will be required. All licence fee quotations are valid for 30 days unless specifically stated.
The Client shall be responsible for obtaining all necessary permissions and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such permissions.
Unless a Client has given specific instructions regarding style or composition of the Photographs at the time of booking which have been accepted by the Photographer, they have no right to reject the photographs for these factors.
If areas or aspects of a property are not photographed this is not a reason for a fee reduction, the Photographer to revisit or non-payment unless this area or aspect was explicitly a part of a written brief.
Should Photographs be supplied but not used full payment of the agreed fee is still required and no discounts or refunds will be issued. If the Client selects less photographs than included in their package, no refund or discount is due.
All quotes for work will include expenses unless specifically stated. However, if additional reasonable expenses or time are incurred by the Photographer, due to alterations by the Client or other factors outside of the control of the Photographer, Clients will be responsible for those expenses. No licences will be granted until these expenses have been settled by the Client.
Full payment for Photographs is required at least 72 hours before the photo shoot. Where payment is not received at least 72 hours prior to the photo shoot the Photographer will cancel the photo shoot.
Where invoices have been issued, late payments will incur a late fee of £25 per week until full payment is received.
Any cancellations within 72 hours of the photo shoot will result in the Client being charged 100% of the fee. Requests to reschedule a photo shoot with more than 72 hours’ notice should be done by telephone or email. If any expenses are incurred by the Photographer due to rescheduling, the Client is liable for those expenses.
Should the Photographer be unable to access the property for whatever reason then the Client will be charged up to the full cost of the package booked plus any additional expenses incurred.
The Client and not the Photographer is responsible for preparing the property for the photographs. The Photographer will take the photographs of the property as it is presented. If the Photographer is delayed by the Client or anyone else preparing the property during the photo shoot, the Photographer has the right to charge an additional fee for the extra time. Any additional visits that are required to the property will be charged at the full rate subject to a minimum charge of the cost of a 6 Photo Package.
If adverse weather conditions impact a photo shoot then an additional visit may be required. Additional visits may attract a charge.
Dogs & Other Animals
All dogs and other animals must be kept away from the Photographer and the photography equipment. Any damage caused due to the failure to keep animals away from the Photographer or equipment will be charged to the Client. If the Photographer sustains any injury at a property then legal action can be taken. The Photographer can cancel a photo shoot on arrival at the property or at any time during the photo shoot is animals are not kept away from the Photographer and he has any concerns for his safety. The Client will be liable for the full cost of the photography package as booked.
The Photographer’s liability in any case is limited to professional fees paid to the Photographer by the Client prior to the photo shoot in relation to the specific property and photo shoot. Photographer shall not be liable to Client for any loss no matter how it was caused or to the minimum level as allowed by law.
This agreement shall be governed by the Laws of England & Wales.
Variation & Severability
These Terms and Conditions shall not be varied except by agreement in writing. If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.