Terms & Conditions

 
 
Definitions

For the purpose of this agreement the “Photographer” is Pix Media. 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 agents, 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.

 

Copyright and ownership of materials

The entire copyright in the Photographs is always retained by the Photographer throughout the world.

 

License to use photos

The Usage Licence shall where the 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 in writing. 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 the 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 in writing. 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. We reserve 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

 

License to use photos (Homeowners / Landlords)

The Usage License of the Photographs are granted for the marketing of the Property of the Client and Usage is granted to a single estate or letting agent that has been instructed by the Client. Should Client decide to de-instruct their estate or letting agent 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 the Photographer.

 

Indemnity

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.

 

Payment

Client agrees to make full payment upon receipt of invoice unless separate terms have been agreed. A Usage License may not be granted to Client until full payment of the invoice has been received. Late payments will incur a £15 per week handling fee. All payments are requested via Bank Transfer but we will accept cash or cheque.

 

New clients

Payment for the first booking shall be payable in full prior to the photos being released for use.

Non-use of work

Should Photographs be supplied to Client, but then not used, or, property be removed from market (e.g. due to a sale) prior to Client receiving Photographs from Photographer, then Client shall still pay for the requested quantity of Photographs, or, minimum amount relating to the service/s booked. Late payments shall incur a £15 per week handling fee.

 

Photo correction retainer

Client shall be invoiced on the last day of the month in which edit requests were placed. Payment as stated on invoice is required within 7 working days of receipt of invoice. Late payments will incur a £15 per week handling fee.

 

Expenses

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 agreed postal code then an additional mileage charge for both inbound and return journey shall be chargeable to Client.

 

Rejection

If the Client is not present during the photo-shoot of the Property, then the Client is obliged to accept the Photographers judgement as to the acceptability of the Photographs. There is no right to reject Photographs because of style or composition.

 

Property presentation

The Client shall be responsible for ensuring all necessary measures are taken to ensure the Property is presented to an acceptable standard, prior to the booking date. The 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 the Photographer.

 

Cancellation

The 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. The 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.

 

Access to property

Should the Photographer fail to gain entry (e.g. incorrect keys) or be denied access to a property, then the Photographer reserves the right to charge the Client the value of the booking, as well as any additional fees incurred to the Photographer by a third party supplier.

 

Weather

Occasionally, adverse weather conditions (e.g. snow/rainfall, fog or high winds) may prevent the photographing of a Property due to poor visibility. In such circumstances the Photographer will arrange for an alternative suitable time to return to photograph the Property. Should Property be located outside of an agreed postal code then an additional charge to Client for re-visiting Property shall apply.

 

Elevated Photography

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

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

 

Safety

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 Client to advise the owners or tenants of a Property to ensure pets are kept in gardens or in separate rooms during The Shoot. The Photographer can at his or her own discretion refuse to enter a Property should they consider it unsafe to do so. Should the Photographer refuse to enter a Property for fear of safety, then the Photographer reserves the right to charge the Client the full Fee or value of the booking, as well as any additional Fees incurred by a third-party supplier. Should the equipment of the Photographer be damaged by a pet within a Property, including within the grounds of a Property, 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 act of aggression from a pet at a Property, then legal action shall be sought against the owner(s) of the pet. The 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.

Liability

The Photographer’s liability in any case is limited to professional fees, which have been agreed. The Photographer shall not be liable to the Client for any loss of sale, profit, business, or cancellation of or reduced viewings of the Property, which the Client assumes may arise out of or in connection with the photographing of a Property. The Photographer shall not be liable should the Property of the Client fail to sell or let.

 

Applicable Law

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

 

Variation

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

© Pix Media 2020

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