Terms & Conditions

 

Definitions

For the purposes of this agreement the “Photographer” is Pix Media. The “Client” is the party hiring the Photographer. For the purposes of this agreement the Client will include their respective agents, assignees, sub-licensees and successors in title. “Photographs” means everything provided by the Photographer, whether in paper or electronic form. “Property” means the property which the Client has hired the Photographer to photograph.

 

Copyright and ownership of materials

The Photographer retains the entire copyright for all photographs, videos and floor plans in the UK throughout the world.

 

License to use photos

The usage license will come into effect on the date full payment of the supplied invoice(s) is received. No use of the Photographs is allowed before full payment of the invoice(s) is received, without the Photographer’s permission in writing. Any permission 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 is completed. The usage license only applies to the Client and products as stated on the invoice and it shall not be passed to any third party without the Photographer’s permission in writing. 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 provided to the Client is only valid for 30 days from the date of the estimate. After the period has expired, we reserve the right to renegotiate the fees. Permission to use the Photographs for purposes other than those covered by the Usage License is normally granted upon full payment of a fee agreed upon with the Photographer. Unless otherwise agreed in writing, all subsequent Licenses for the Photographs will be subject to these terms and conditions. In all cases, the Photographer retains the right to use the Photographs at any time for the purpose of promoting his/her work.

The usage license of the Photographs is granted for the marketing of the Client’s property, and usage is limited to a single estate or letting agent that the client has specified. If the Client decides to disinstruct their estate or letting agent and instead instruct a new or additional estate or letting agent, the client or the estate or letting agent will be charged a fee. The customer may not give the images to a third party (e.g., an estate or letting agent) without the Photographer's express authorisation.

 

More information on copyright can be found on the AOP website – https://www.the-aop.org/information/copyright-4-clients/faqs

 

Indemnity

The Client is responsible for acquiring all relevant clearances and will indemnify the photographer against all expenses, losses, claims, and legal costs arising from any failure to do so.

 

 

Payment

Unless other conditions have been agreed upon, the client agrees to pay the invoice in full upon receipt. The Client will not be provided with a usage license until the invoice has been paid in full. A processing fee of £15 per week will be charged for late payments. All payments must be made via bank transfer; however, we also take cash and cheques.

 

New clients

New clients will be required to pay in full before the Photographs are released for use.

 

Non-use of work

Should Photographs be supplied to Client, but then not used, or the property be removed from market (e.g. due to a sale) prior to the Client receiving Photographs from Photographer, then the 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.

 
Expenses

Where extra expenses or time are incurred by the Photographer, because 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 appointment, then the Client will accept the Photographers judgement as to style and composition of the photographs and there will be no right to reject the photographs on this basis.

 

Property presentation

The Client, or their Agent, is responsible for ensuring the property is properly presented for photographs prior to the Photographers arrival. The Photographer will not be responsible for any damage caused by moving objects. The Photographer will not move any objects that they deem to be a health and safety risk.

 

Cancellation

If an appointment is cancelled or postponed with less that 24 hours notice the Photographer will be entitled to charge the Client 100% of the agreed fee. If you need to cancel or postpone and appointment, please email to confirm the cancellation/postponement. The Client will be responsible for reimbursing the Photographer for any expenses incurred prior to the cancellation request being received. All deposits paid prior to a booking are non-refundable.

 

Access to property

If the Photographer is unable to gain entry to a property (for example, due to wrong keys being supplied) or is denied access, the Photographer reserves the right to charge the Client the full amount of the booking, plus any additional fees incurred by a third-party supplier.

 

Weather

Occasionally, bad weather may prevent the Property being photographed. In these cases, the Photographer will arrange another appointment. Should Property be located outside of an agreed postal code then an additional charge to Client for re-visiting Property may apply.

 

Elevated/Drone Photography

Occasionally, health and safety concerns (e.g., overhead electrical or telephone lines, strong winds winds) or weather conditions may prevent a property from being photographed. In such cases, the Photographer will schedule a time to return to the property. Re-visiting the Property may incur an extra fee for the Client.

 

Floor plans

Floor plans are not intended to be scale drawings and are only for information purposes. All measurements are approximate and may have been obtained at maximum distances and they should not be used to determine the value of a property. The Client is responsible for determining whether a floor plan is reasonably accurate and suitable for its intended purpose. The Photographer assumes no responsibility/liability for any error, omission, or unintended misrepresentation in a floor plan. Without the specific consent of the Photographer, floor plans may not be assigned, leased, or sold to any third party. Any changes to floor plans that necessitate additional editing using different software will be subject to an additional fee.

 

Safety

It is the obligation of the Client to inform the owners or tenants of a Property to keep pets in the garden, safely contained or in a separate room during the appointment to reduce the danger of injury to the Photographer and/or any damage to equipment owned by the Photographer. If the Photographer believes it is unsafe to enter a Property, he or she has the right to refuse entry. If the Photographer refuses to access a Property due to safety concerns, 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.If a pet damages the Photographer's equipment while at a Property, including within the grounds of a Property, the pet's owner is responsible for the cost of repair or replacement. Should the Photographer be injured as a result of a pet's hostility at a Property, legal action will be taken against the pet's owner(s). The Photographer is not liable for the movement of objects or anything else within the indoor (e.g. furniture) or external (e.g. rubbish bins) spaces of a Property that could pose a health and safety hazard.

 

Liability

In any situation, the Photographer's liability is limited to the agreed professional fees. The Photographer is not liable to the Client for any loss of sale, profit, business, or cancellation or decreased viewings of the Property that the Client believes may result from or in connection with the photographing of the Property. Should the Client's property fail to sell or let, the Photographer will not be held liable.

 

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.