Terms & Conditions
The scheduling of an appointment for our professional photographic & floorplan service confirms you have read & agreed to the terms set out below. Client means the Vendor or Landlord; Agent means the Estate Agent & the Photographer means any professional property photographer including Darryl Rixon working at or for Darryl Rixon Photography.
CLIENT ASSISTANCE - The Client, 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.
When an email is supplied for the client, we will send out an appointment & reminder confirmation with detailed instructions in preparing their property for the photo shoot. 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 items to improve any particular shots due to insurance restrictions. It therefore is strongly recommended to attend sometime prior to our attendance to check and assist your client having the property properly presented to fully guarantee the images received are of the highest presentation as possible.
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 or any use of the Photos or materials furnished by Client. It is the Client’s responsibility to obtain the necessary model or property releases to ensure they are full effect and in force.
TRAVEL FEES: Our fees cover up to 15 miles radius of travel to & from the assigning office. In excess of 15 miles there will be a £2/mile charge added to the final invoice.
NON-PHOTOGRAPHABLE - If the property is in our opinion a non-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 a minimum charge of £39.95 will be applied, whichever is the greater.
BOOKING TERMS - Once an appointment has been booked into our diary it becomes subject to our minimum booking fee of £39.95.
INCORRECT BOOKING- You confirm you agree to the booking instructions prior to scheduling an appointment and that you have not omitted any requirements and the information is correctly supplied. You also accept that if YOU UNDER BOOK If a property has a loft room accessed via a fixed staircase, whether it’s used as a bedroom or not, then this must be classed as a bedroom when booking (i.e. the property should be booked as 5 bedrooms not 4 as to allow the extra time to complete the assignment). If any assignment is UNDER BOOKED this will incur an administration fee of £25.00 plus the correct assignment fee plus some of your requirements may possibly be omitted due to the incorrect allocated time to complete all of the specific assignment(s). You additionally accept that if you OVER BOOK (i.e. the property has 4 bedrooms & not 5) the assignment will be invoiced at the higher assignment fee i.e. 5 beds, as this allocates a longer appointment time.
WORKING/SHOOTING ENVIRONMENT- When multiple professionals are in attendance at the same time of our assignment this makes it difficult to carry out our preferred workflow without distractions, or the risk of our equipment being damaged.
Without allowing us the opportunity to shoot without distractions, this will often reduce the quality and number of images. Additionally, if a floorplan has been booked, then this may not be completed if the distractions have delayed the assignment process.
If any rooms weren’t able to be photographed due to distractions, or a floorplan not drawn or completed, this will need to be booked again with an attendance fee of £39.95, plus £5.00 per room to be photographed. When a floorplan is required, the fee is the floorplan cost, plus the attendance fee.
The original assignment is charged at the FULL booking fee, regardless if any rooms were not photographed or whether a floorplan was completed or not, as the assignment fee is based on the allocation of time it is expected to complete the assignment booked. It is out of our control if we are delayed due to the distractions above and therefore can’t be held responsible as we have provided recommendations to avoid incomplete assignments.
ADDITIONAL SPACES/LOCATIONS- as an example and not limited to are interior log cabins and communal gyms etc. Each additional photographed area is charged at £7.50 and a Floorplan addition is £2.50, or £10.00 when jointly required.
DELIVERY - The Photographer will make every effort to deliver images within 48 hours from the end of the shoot. Delivery dates are given as an estimate only and the Photographer shall not be held responsible for any problems, difficulties or loss arising from any delay. Delivery of the work shall be deemed delivered when it leaves the possession or custody of the Photographer. Once the finished images are supplied to the Agent, by an electronic download link, the Photographer is under no obligation to store copies of the images. It is the responsibility of the Agent to back up and store all work carried out by the Photographer. Where replacement images are available and requested by the Agent or a third party acting on its behalf the Photographer reserves the right to make a reasonable charge for this service.
COPYRIGHT - The Photographer hereby grants the Agent or the paying client if the property owner, limited usage of the photographs, to use or reproduce for the purposes of advertising and marketing the assignment property only. The Photographer retains the copyright in all cases and is able to use the photographs in any manner at any time and in any part of the world for the purposes of advertising, selling a licensed copy for private use, complying photo books or otherwise promoting their photography work. The limited licence doesn't allow the distribution by means of a download option of the images by the Agent to the property owner or any connected participants. Should any unauthorised distribution resulting in a download or the images will be liable for a copyright infringement and compensation will be sought of no more than £10,000 (ten thousand pounds per image). Any copies of an image or images must be purchased directly from the photographer and can’t be used for commercial purposes unless they have acquired the relevant licence directly from the photographer.
FLOORPLANS - Floorplans are for illustrative purposes only. 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 or representation as to the total accuracy and completeness of the floorplan. 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.
PAYMENT - For the first three months Invoices are submitted weekly and payment is due on receipt within 7 days. Then four to six months, fortnightly, then six months plus on the last day of the month with the previous month’s assignments. All payments are due within 7 days of issue of the invoice. Overdue invoices will be charged at a daily interest rate of 1%, therefore if an invoice is late by 10 days the late interest fee will be 10% of the original invoice total. Any outstanding invoices that remain unpaid beyond 28 days by the Agent may render the Agent to no longer schedule appointments until all outstanding payments/invoices and interest is paid up to date. All payments must be made by bank transfer to the specified account on the invoice. It is equally important to use the invoice number as a reference so your payment can be identified. (If your company is unable to adhere to the above payment schedule, it may be possible to make special arrangements subject to agreement). Continued late payments of invoices may also result in downgrading your account membership status and also payments will become due at the point of download, a debit or credit card payment will need to be made for a period of 28 days, before invoicing can be reconsidered as a preferred payment method.
PROPERTY ACCESS/ABORTIVE/CANCELLATION/RESCHEDULE FEES - Any security measures unlocking and locking up, including alarm details must be provided to the Photographer and should the property not be accessible due to the wrong details, unable to photograph due to condition or refused by Client or Agent, or keys not be being provided or available 50% of the full fee is payable or a minimum charge of £39.95 will be applied, whichever is the greater. In the even that an appointment is cancelled or rescheduled within 48-24hrs then an administration fee of £25.00 will be applied. In the even that an appointment is cancelled or rescheduled within 23.59hrs of the confirmed appointment time an administration fee of £39.95, or 50% of the total assignment fee, whichever is greater will be applied. Appointments whether cancelled or rescheduled after 7am on the actual date of the appointment will incur a fee of either £49.95 or 50% of the total assignment fee, whichever is the greater.
Please note that you can personally administrate the appointment (via the pop-up notification or email confirmation), reschedule or edit the forms for an appointment within 48Hrs via the links in the email confirmation that you will receive & retain for your records and future administration. If you require (Darryl Rixon Photography) to administrate an appointment during your/our accessible time on my/our behalf, you agree that this will incur a £10.00 administration fee. Any appointments that require rescheduling outside of your accessible limits will not incur a fee due to having no access to administrate the booking/appointment yourself.
INCORRECT ACCESS FEES - If a property is either booked as a key collection service, or direct to the property to meet the client/agent and either is incorrect, then an administration travel key collect/return or failed key collection from the Agent a fee of £25.00 will be applied.
KEY COLLECTION/RETURN - A key collection property will be left as found and should any doors or windows not be safely secured the Photographer will make reasonable attempts to advise the Agent and seek their instructions. Keys collected will be returned as quickly as possible no later than the following day of the appointment but can't be guaranteed immediately after the appointment and if the Agent is closed the keys will be posted through the Estate Agency letterbox or alternative secure location as per any advisory. When requested a video proof of the photographers locking and securing the property can be supplied to whom you request. If more than 25% of the total invoiced assignments are via a key collection/return service, then all assignments with this service are chargeable at £10.00 per property.
CONFIDENTIALLY - The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence for the purposes of the photography assignment.
INSURANCE - The Photographer will take all reasonable care entrusted to him by the Agent provided to him in order to carry out the photographic service and has the required Public Liability Insurance in place at the time of the shoot to cover for any losses or damages.
EXTRA SERVICES- Darryl Rixon Photography hereby reserves the right to offer the client(s) any related professional photography services as an upgrade if not previously ordered when booking an assignment and not limited to; elevated photography, drone photography, photo books, non-commercial copy of the photo collection & videography.
LAW OF ENGLAND & WALES - If any part of these Terms and Conditions is found to be void or unenforceable the rest of the Terms and Conditions will still remain in full force. For the purpose of any dispute arising these Terms and Conditions will be governed by the laws of England and Wales.