Terms of Service Agreement for Landlord Portfolio Photographers
Effective Date: August 2024
1. Introduction
This Terms of Service Agreement (“Agreement”) outlines the terms and conditions under which Land Lord Portfolio Photographers (“Company,” “We,” or “Us”) provides property photography services to its clients (“Client,” “You,” or “Your”). By engaging our services, you agree to the terms set forth in this Agreement.
2. Services Provided
We offer a range of property photography services, including but not limited to standard photography, elevated photography, object removal, and virtual staging. Specific services to be provided will be outlined in a separate agreement or invoice provided prior to the commencement of work.
3. Booking and Payment
3.1 Booking: All bookings must be confirmed in writing or via email. A deposit may be required to secure the booking, as detailed in the invoice.
3.2 Payment: Payment terms will be specified in the invoice. Full payment is required within 30 days of the invoice date unless otherwise agreed in writing. Late payments may incur interest charges as per the UK Late Payment of Commercial Debts Regulations.
4. Cancellation and Rescheduling
4.1 Cancellation by Client: If you cancel a booking with less than 48 hours’ notice, you may be charged a cancellation fee of 50% of the agreed fee. Cancellations made within 24 hours may be charged the full amount.
4.2 Rescheduling: Rescheduling a booking is subject to availability and must be agreed upon in writing. If rescheduling occurs within 24 hours of the original booking, a fee may apply.
5. Image Delivery and Rights
5.1 Delivery: Images will be delivered digitally within 2 business days of the shoot unless otherwise agreed. We will provide images in the format and resolution specified in the agreement.
5.2 Usage Rights: Upon full payment, you are granted a non-exclusive, non-transferable license to use the images for marketing and promotional purposes related to the sale or letting of the property. The Company retains all copyright and intellectual property rights to the images.
5.3 Restrictions: You may not sell, sublicense, or redistribute the images to third parties without prior written consent from the Company. Any alteration or editing of the images must be approved by the Company.
6. Liability and Indemnity
6.1 Liability: We will provide services with reasonable skill and care but cannot guarantee specific results. We are not liable for any indirect or consequential losses, including but not limited to loss of profits, business, or reputation.
6.2 Indemnity: You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your use of the images, including any claims of intellectual property infringement.
7. Complaints and Disputes
7.1 Complaints: Any complaints about our services must be submitted in writing within 7 days of delivery of the images. We will work to resolve any issues promptly.
7.2 Dispute Resolution: In the event of a dispute, both parties agree to attempt to resolve the matter amicably. If a resolution cannot be reached, the dispute may be referred to mediation in accordance with the laws of England and Wales.
8. Governing Law
This Agreement is governed by and construed in accordance with the laws of England and Wales. Any legal action or proceedings arising out of or related to this Agreement shall be brought exclusively in the courts of England and Wales.
9. Changes to Terms
We reserve the right to modify these terms at any time. Clients will be notified of any significant changes in writing, and continued use of our services will be considered acceptance of the new terms.
10. Contact Information
For any questions or concerns regarding this Agreement, please contact us at:
Landlord Portfolio Photographers
photographers@landlordportfoliophotographers.co.uk
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 Client’ is forbidden from selling or gifting the images to any other third party without expressed written consent from The Photographer.
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.
Acceptance of Terms
By booking our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.