Terms & Conditions
Contract for services supplied by Wayne Humphrey
Trading as sussexpropertyphotographer.co.uk
The purpose of this document is to highlight what is expected of the agent or vendor /end user and the Photographer.
The scheduling of an appointment for our professional photographic & other services confirms you have read & agreed to the terms set out below.
Vendor means the property owner or Landlord; Agent means the Estate Agent; End user is the person responsible for using the images after delivery & the Photographer means any professional property photographer, including Wayne Humphrey working at, or for sussexpropertyphotographer.co.uk.
LENGTH OF CONTRACT: sussexpropertyphotographer.co.uk hereby agrees to supply photography services on a non-fixed term basis, to shoot residential or commercial property or any other mutually agreed photography.
Either party is free to cancel any agreements in place without penalty, unless a cancellation fee applies or there are payments, or content due by either party
COPYRIGHT:
IMAGE COPYRIGHT: Wayne Humphrey retains the full worldwide copyright of all images taken. Wayne Humphrey reserves the right to use images for self-promotion, editorial use, on personal website and social media, unless instructed by or negotiated in a separate contract with the agent or end user / vendor.
IMAGE LICENCE: The agent or end user / vendor are only permitted to use the images as outlined in the contract that is either in force, or agreed to be sent after booking confirmation. If not, licence details are specified the agent or end user / vendor is granted flexible image usage rights across their brand and marketing channels only. Any additional use of the images requires written consent, plus a new licence which may require extra fees to be paid. Wayne Humphrey, the agent and the end user / vendor are forbidden to sell or gift the images to any other client without expressed written consent from all parties.
STAGING THE PROPERTY: A staging guide to prepare your property to its best can be provided via email upon request.
ASSIGNMENT FOR PROPERTY: For each property shoot, an attempt will be made to photograph: the frontage of the building at street level straight on and at an angle to show depth; 1 or more shots of kitchen; 1 or more shots of the lounge area; 1 shot of garden facing away from property; 1 shot of rear garden facing property; 1 or more shots of master bedroom to include en suite if applicable; 1 shot of each bedroom; and 1 shot of bathroom; – downstairs toilets, upper and lower hallways will always by default not be photographed unless requested; utility rooms (attached to kitchens) will only be photographed if deemed that the image will add something to the appeal of the property unless specifically requested. Garages and outbuildings will also be photographed on request. High level or elevated photography will be deemed as an extra booking.
OTHER ASSIGNMENTS: Other assignments not limited to but including 360 virtual tours floor plans, elevated photography and drones, will have separate terms not listed here, but will be sent electronically upon request, prior to booking.
PREPARATION ASSISTANCE: The Vendor, Agent or both shall assist and cooperate in obtaining the desired photographs, including but not limited to: specifying locations to be photographed and taking time to prepare the locations to be photographed. The Photographer shall not be responsible for photographs not taken as a result of the Client or Agent’s failure to provide reasonable assistance or cooperation. In the absence of prior instructions or specific requests, the photographs recorded and provided, will be totally at the Photographers discretion. We take no responsibility for the property presentation when we arrive and will shoot as presented as we are on strict time restraints and are unable to move large amounts of items to improve any particular shots due to insurance restrictions. We will move tea towels and bins and basic washing items from the kitchen and wheelie bins from the front of the property. For sanitary reasons, bathroom towels and items will not be touched. It therefore is strongly recommended to spend some time prior to our attendance to check the property is properly presented, to fully guarantee the images received are of the highest presentation as possible. If staging help is required because the vendor has limited ability, this can be arranged as a separate service.
INDEMNIFICATION: The vendor will indemnify and defend the Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the photos or materials furnished by vendor. It is the vendor’s responsibility to obtain the necessary model or property releases to ensure they are full effect and in force. This is in relation to GDPR (General Data Protection Regulation) where family photos or other identifying information is captured within the images, these images will be online for the world to see, so should not contain images of children who maybe subject to any protection orders, or cause distress or offence to those that are the subject within images.
TRAVEL FEES: Unless otherwise agreed in writing in advance, travel fees will be added to the final invoice at a rate of £1.10 per mile for anything over 15 miles away from PO18 0BU. This cost is calculated at the base rate of 45p per mile for basic fuel and vehicle costs, plus 65p per mile where time per minute is calculated to be equal to an hourly rate while traveling at 60mph.
FAILED VISITS: If the property is unattended and keys are issued for a lone visit, or if the property is in our opinion in an un-photographable state, then we will attempt to contact you for your advice. In the likelihood of not being able to contact you, the photo shoot will be completed, unless otherwise advised when confirming a booking. If the assignment is aborted, 50% of the full fee is payable or the booking fee will be applied, whichever is the greater. If you give the go ahead and/or the photo shoot is completed and you are not happy with the results, you will still be invoiced and you will need to rebook at full price.
BOOKING TERMS: Once an appointment has been booked into our diary it becomes subject to these terms and conditions; cancellations or failed appointments with less than 24 hours notice will be charged at £25 or the booking fee, whichever is greater. All booking slots are for 1 hour unless otherwise stated; this should be plenty of time for most properties, however if you feel you have a large property or lots of very specific requests, then please call ahead to book extra time.
WORKING ENVIRONMENT / PETS: It is beneficial for all parties concerned to have a clear working environment; please make sure any trip hazards are moved or clearly marked and that all pets are either not present or away from the current working areas. We are dog friendly but do not wish to be jumped on or risk expensive equipment being knocked over. All our equipment is insured for business use, however if an agent / vendor or other persons / pets present cause accidental damage, we will invoice for 25% of the replacement costs.
UNDER 18’S: We will NOT work alone with minors in the property, and if minors are present then they must be accompanied at all times. In the event that a minor is left alone at any time we will not work on that floor level until a second person is present. If we arrive and only a minor is present or if a property is empty and a minor arrives home by themselves we will leave immediately and inform the key holder and this will charged as a failed visit, if the job is more than 50% complete it will be fully chargable, images or services will not be delivered until a full job has been completed at a 2nd visit. The 2nd visit will be charged at full rate.
DELIVERY OF SERVICE: Images will be sent digitally via Dropbox or other pre-agreed form, within 48 hours of the shoot taking place, but with an aim of less than 24 hours and ideally same day. Images will be enhanced to give a clear bright and true reflection of colour; external images will be edited in the same manner and 1 image will be blue sky swapped if needed (rainy or cloudy day). Extra blue sky edits can be carried out at a cost of £2 per image.
FLOOR PLANS: Floor plans are for illustrative and guidance purposes only. Although a laser measure is used, measurements and areas shown are approximate to within 5cm. We will aim to provide plans that are accurate and correctly represent the rooms within the property. We do not, however, provide any guarantees, warranty or representation as to the total accuracy and completeness of the floor plan. Anyone relying on the information provided in the property details (and floor plans) should conduct a careful, independent investigation of the property to determine the suitability of the property for their requirements.
PRICING: The pricing structure is inclusive of the creative rates of Wayne Humphrey as well as industry-standard photography licence rates; these rates are adjusted periodically and future pricing may increase without prior notice.
PAYMENT: A booking fee of £25 is required prior to any attendance of appointments.
For direct vendor/client jobs, an invoice will be created and sent with proofs of the final images; full resolution images will be sent as soon as payment has cleared. Once the proofs are supplied, the full invoice will be due; you are not entitled to cancel the booking because you are not happy with the proofs.
For estate agent contracts, an invoice will be generated and paid in accordance of the individual contract, usually at the end of the month.
FAILURE TO PERFORM: If Wayne Humphrey or any subcontractor cannot complete the assignment booked due to sickness, travel disruption, casualty, fire, acts of nature, restricted access, restrictions on the use of photography within a specified area, or other causes beyond the control of other parties, then Wayne Humphrey will have no liability with respect to the assignment. Wayne Humphrey is not liable if bad weather, poor lighting, access restrictions, lack of compliance from third party subjects, or other peripheral factors adversely affect the quality of the service delivered. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, stolen, lost in the mail, or otherwise lost or damaged without fault of Wayne Humphrey, or any subcontractor working on behalf of sussexpropertyphotographer.co.uk. In the event Wayne Humphrey fails to perform the assignment as directed for any other reason, he shall not be liable for any amount beyond which he has been paid up to date for the assignment.