Terms of Business
TERMS & CONDITIONS
These terms apply to all services provided by Hampshire Property Photography (Jeremy Sargent Photography). They will automatically form the basis of a binding contract between us when you instruct us to proceed with a proposed project or when we provide a service to you ‘The Client’.
DEFINITIONS AND APPLICATION OF TERMS
DEFINITIONS
“The Photographer” – Means Hampshire Property Photography (Jeremy Sargent Photography) or any Professional Photographer working for or with Hampshire Property Photography (Jeremy Sargent Photography).
“The Client” – Means the party commissioning the Photographer and includes the Client’s affiliates, assignees, and successors in title.
“Assignment” – Means a commission by the Client of the Photographer for provision of Photographic services at a shoot for the purpose of creating Material for Marketing Purposes.
“Estimate” – Means any email or other document electronic or otherwise created by the Photographer and setting out the Fee and expenses for any Assignment along with information as to Usage Licences.
“Fees” – Means the Photographer’s fees as set out in the Estimate.
“Image Licence” – Means the still and/or moving images selected from the Material and as specified in the Estimate as to be licensed for use in accordance with these Terms.
“Material” – Means all photographic material created by the Photographer pursuant to an Assignment and includes but is not limited to transparencies, negatives, prints, digital files or any other type of physical or electronic material recording either still or moving images.
“Image Usage Licence” – Means the licence to use the Licensed Images as set out in clauses below.
“Working Hours” – Means any day that is not a Saturday or Sunday or UK Bank Holiday in England. Between the Hours of 9am and 4pm.
“Creative Brief” – Means ‘The Clients’ specific requests for ‘The Assignment’
APPLICATION OF TERMS
The Booking of an appointment for our Professional Photography and all other services, by ‘The Client’ and the acceptance of the said booking by ‘The photographer’ confirms all parties have read & agree to the terms set out below. These terms and conditions will:
- Apply to all Assignments undertaken by the Photographer for the Client and to all Usage Licences or extended and/or additional Usage Licences relating to such Assignments,
- Prevail over any inconsistent terms or conditions contained, or referred to, in ‘The Client’s’ purchase order, confirmation of order, acceptance of Estimate, or specification or other document supplied by ‘The Client’.
COPYRIGHT, INDEMNIFICATION & IMAGE USAGE LICENCING
COPYRIGHT
IMAGE COPYRIGHT: ‘The Photographer’ retains the full worldwide copyright of all images taken during ‘The Assignment’. ‘The Photographer’ 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 ‘The Client’.
IMAGE USAGE LICENCE: ‘The Client’ is hereby granted unlimited usage rights (across their brand and marketing channels only) of the images created on their assignments for their Sole Marketing Purposes and are only permitted to use the images as outlined in the contract that is either in force or will be sent after booking confirmation.
Both ‘The Photographer’ and ‘The Client’ are forbidden from selling or gifting the images to any other third party without expressed written consent from all parties.
INDEMNIFICATION
‘The Client’ 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 of/or any use of the photos or materials furnished by Property Owner. It is the responsibility of ‘The Client’s’ to obtain the necessary signed model & property release forms 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 may be subject to any protection orders, or cause distress or offence to those who are the subject within images.
PRICING, PAYMENT, TRAVEL FEES & DELIVERY OF SERVICE
PRICING
The pricing structure is inclusive of the creative rates of ‘The Photographer’ as well as industry standard photography licence rates. ‘The Photographer’ reserves the right periodically adjust the fees and future pricing with 30 days’ notice.
PAYMENT
For repeat clients, Invoices will be sent out as agreed and must be paid within 7 days unless another agreement is approved by ‘The Photographer’. Late payments will attract late payment fee as per the HMRC guidelines. If further action is required to recover outstanding fees, The Client will be liable for all costs incurred in the recovery process.
For new clients, a 50% Non-refundable deposit is required to secure the required appointment time. Once the assignment has been completed, the remaining balance is required prior to the release of the high-res images.
TRAVEL FEES
Unless otherwise agreed in writing in advance travel fees to and from ‘The Assignment’ will be added to the final invoice at a rate of £1.10 per mile for anything over 20 miles away from SO40 8, 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 travelling at 60mph.
DELIVERY OF SERVICE
Images will be sent digitally via WeTransfer or other pre agreed form usually (depending on the size of the shoot) within 24-48 hours of the shoot taking place. Images will be edited to give a bright but natural representation of the property.
ABORTED VISITS, WEATHER & CANCELLATIONS
ABORTED VISITS
If a property is unattended and keys are issued for a lone visit and the property is, in our opinion in a non-photographic state, ‘The Photographer’ will make every effort to communicate the situation with ‘The Client’ so as to gain comments on how to proceed. In the event of not being able to contact ‘The Client’, the photoshoot will be completed, unless otherwise advised when confirming a booking. If the assignment is aborted 50% of the full fee is payable by ‘The Client’. If ‘The Client’ gives the go ahead and/or the photoshoot is completed and ‘The Client’ is then not happy with the results ‘The Client’ will need to re-book at full price.
WEATHER
Unfortunately, while we bring all the equipment we need, we can’t bring good weather, but we can brighten and add blue skies to photos to simulate better weather. If however you decide you wish to re-schedule for a day with better weather, our cancellation policy below becomes applicable.
CANCELLATIONS
Any ‘assignment’ cancelled through no fault of ‘The Photographer’ within 24hrs will be subject to a cancellation fee of £30.00, If The Photographer arrives at the property and the assignment cannot be completed through no fault of ‘The Photographer’, a cancellation fee equal to 50% of the agreed price will be invoiced.
OCCUPIED HOMES/PROPERTIES
In the event, ‘The Client’ requires ‘The Photographer’ to attend an occupied home the following terms will become applicable.
COVID 19
Please see our COVID19 policy below
WORKING ENVIRONMENT / MINORS / PETS
It is beneficial for all parties concerned to have a clear working environment for the Duration of ‘The Assignment’, 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 for the duration of ‘The Assignment’. We are dog friendly but do not wish to be jumped on or expensive equipment being knocked over. All our equipment is insured for business use however if during ‘The Assignment’ an agent / vendor or other persons / pets present cause accidental damage ‘The Client’ will be liable for any reasonable repair or replacement costs for any damaged equipment.
MINOR’S (UNDER 18’S)
We will NOT work alone with minors in the property, if minors are present then they must always be accompanied by a Responsible Parent/Guardian. In the event that a minor is left alone at any time we will not work on that floor/level until either the Responsible Parent/Guardian is present, or the minor has moved to a different floor. If a property is empty and a minor arrives home by themselves, we will Immediately leave the property and inform ‘The Client’ of the situation. Any such scenario will be classified as an Abortive Visit and subject to 50% of the Agreed fee will be payable by ‘The Client’. ‘The Client’ will then need to re-schedule at full price.
STAGING THE PROPERTY/SITE
In the event the Client requires the Photographer to attend an occupied home, it is ‘The Clients’ responsibility to ensure the property is staged to their requirements prior to the appointment. A ‘Staging Guide’ to prepare the property to its best can be provided via email upon request. Due to Insurance limitations and Health and safety requirements, ‘The Photographer’ will NOT move any furniture.
PREPARATION ASSISTANCE
If the Owner does not wish to Stage their home, ‘The Client’ shall be responsible for staging the home so as to obtain their desired photographic staging standards. This includes 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’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 constraint and insurance restrictions, we are unable to move large amounts of items to improve any particular shots. 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 is therefore 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 Client’ has limited ability this can be arranged as a separate service via our preferred suppliers (Link to Portfolio available upon request)
FAILURE TO PERFORM
If ‘The Photographer’ or any subcontractor (excluding ‘Preferred Suppliers’ who have entered into a separate and direct agreement with ‘The Client’) 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 ‘The Photographer’ will have no liability with respect to the assignment. ‘The Photographer’ 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 ‘The Photographer’ or any subcontractor working on behalf of Hampshire property Photography. In the event ‘The Photographer’ fails to perform the assignment as directed for any other reason they shall not be liable for any amount beyond that of the fees agreed for the failed assignment.
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 20 miles away from SO40 8, 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 travelling at 60mph.
SERVICES
PROPERTY PHOTOGRAPHY AND PHOTOGRAPHIC STYLE
We take a great deal of pride in our work and deliver images appropriate to the properties ambiance and style and as such we use a Specialist process which utilises Flash and the natural ambient light to show the property at its best! Images will therefore be edited to ‘The Photographers’ style as presented on this site. Unless the client has given a specific ‘Creative Brief’ on composition and specific image requirements at the time of booking, ‘The Photographer’s’ Creative decisions will be final and The Client waivers the right of complaint. If Further alterations are required such as item removal, further fees will become applicable.
ELEVATED PHOTOGRAPHY (EXCLUDING DRONE)
This service will provide 2-3 Images per plot utilising a 30ft Pole… PLEASE NOTE, this service will incur additional fees to be arranged and is subject to good weather and a brief on site risk assessment and as such subject to cancellation at the Photographers discretion.
MATTERPORT & 360° TOURS
Matterport and 360° tours are additional services and as such are subject additional costs and annual hosting fees, please get in touch for further details. In line with our Staging policies, when opting for a Matterport or 360° tour it is even more vital to present your property perfectly! Please bare in mind, we will be using cameras with 360° vision and therefore there is nowhere to hide things! When ‘The Client’ requests a matterport or 360° tour, It is ‘The Clients’ responsibility to ensure the property is fully staged in readiness for our arrival so as to ensure a free flow throughout the property. If the property is not staged in readiness and The Client decides to re-schedule the appointment, our cancellations and rebooking policies will become applicable.
DUSK/TWILIGHT PHOTOGRAPHY
This service is usually for External shots on Properties that have had extensive detailing applied to exterior lighting. However, can also be applied to and utilised to shoot the interiors of specific rooms that may have impressive outlooks through Bi-Fold doors etc. PLEASE NOTE, this service is subject to additional fees (to be arranged) but due to the anti-social hour requirements, is usually subject to surcharges…please get in touch for more information.
FLOORPLANS
Floorplans are for illustrative and guidance purposes only and should not be used for any legally binding purposes such as HMO licence applications. Although a laser measure is used, measurements and areas shown are approximate. 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 of representation as to the total accuracy and completeness of the floorplan. We will not accept any responsibility for differences caused by alterations made by the client after the plan was drawn which may effect the layout or square footage of the property. If Alterations are made and the plan needs re-drawing, a full revisit fee will be applicable. Anyone relying on the information provided in the property details (and floorplans) should conduct a careful, independent investigation of the property to determine the suitability of the property for their requirements. PLEASE NOTE, this service will Incur additional fees
DRONE PHOTOGRAPHY
Subject to separate Terms, Conditions and fees … please get in touch for details
HOME STAGING
We have created a comprehensive staging guide, a copy of which will is available upon request and will be sent with all appointment confirmations. It is ‘The Clients’ responsibility to ensure the property is staged to their requirements, A ‘Staging Guide’ to prepare the property to its best can be provided via email upon request. Due to Insurance limitations and Health and safety requirements, The Photographer will NOT move any furniture. We have partnered with a reputable local home stager who can offer multiple levels of service from complete ‘Home Staging’ to ‘Photo Dress’. More details upon request, this service is subject to additional fees to be arranged with our partnered Home Stager. Please note, this service could also attract additional timescales out of the control of ‘The Photographer’.
EPC’s
EPC’s are supplied by a third party and as such their T&C’s and Fees are applicable when booking this service. More details upon request, this service is subject to additional fees to be arranged with our partnered EPC Surveyor. Please note, this service could also attract additional timescales out of the control of ‘The Photographer’.
PLEASE NOTE: The Home staging service is offered by a 3rd party, Therefore, on arrival ‘The Photographer’ will assume that ‘The Client’ is happy with the service provided by The Home Stager and as such, that the Photography is to go ahead on their arrival. Therefore, it is ‘The Clients’ responsibility to ensure they are happy with the service provided ahead of ‘The Photographers’ booked appointment. ‘The Photographer’ cannot be held liable for any concerns over the quality of the home staging service.
COVID19 POLICIES AND PROCEDURES (Update 1st January 2021)
We take the Health and Safety of our clients and ‘The Photographer’ in the working environment very seriously and as such have created the following COVID19 guidelines to create a safe working environment for the duration of ‘The Assignment’.
WHAT I WILL & WILL NOT DO;
• I will, before booking an appointment confirm if any members of the household are self isolating/shielding and have or had symptoms in the last 7 days wear appropriate PPE
• I will not enter a property where any residence have displayed COVID19 symptoms in the last 7 days or are self isolating/shielding
• I will not enter a property where I have displayed any COVID19 symptoms in the last 7 days
• I will wear appropriate PPE and maintain Social Distancing guidelines for the duration of ‘The assignment’.
• I will not touch anything unless absolutely necessary and as such require my the property to be staged in accordance with ‘The Clients’ standards before my arrival as per my staging policy above. I will keep contact to a minimum ie, only touching door handles and light switches where I deem it a requirement to acheive an appropriate shot, where I have touched surfaces, I will advise what I have touched so the owner/occupants.
• I will wipe down all of my equipment with antibacterial wipes after each shoot so as to prevent any cross contamination between properties.
WHAT I REQUIRE FROM ‘THE CLIENT’:
• To update me if occupants have advised them of a change of circumstance since the booking was made e.g. have become symptomatic or are now self-isolating/Shielding as a vulnerable person.
• In the event of a shoot where ‘The Client’ wishes to attend, please maintain Social Distancing guidelines during ‘The Appointment’. If you wish to stage the property, please ensure this is completed before my arrival.
• To wear appropriate PPE and maintain Social Distancing guidelines for the duration of the assignment.
• If I am entering a vacant property requiring me to collect keys, these will be sanitised on collection and it will be the agent’s responsibility to sanitise them on return.
• It is the agent’s responsibility to ensure that the property is able to be photographed, taking into account the measures outlined above and that there are no conflicting visitors/subcontractors at the property.
Thank you for your understanding in this matter while I do all I can to keep myself and our clients safe.
Jeremy Sargent
Hampshire Property Photography
PLEASE NOTE – These guidelines subject to change in line with government guidance.