Definitions
Matt Hillier: Photographer shall be referred to as “mhp”
The estate and/or lettings agent shall be referred to as the “agent”
The vendor and/or landlord shall be referred to as the “client”
1.0 Appointments and Bookings
1.1 Booking details
Appointments can be made by agents or clients, either over the phone or via email. Details must contain sufficient information so that mhp can easily locate a property on the day of the appointment.
Where the agent has requested mhp make contact with a client to agree a mutually convenient appointment date/time, contact with the client will be attempted the same day, although same-day confirmation of an appointment slot cannot be guaranteed.
1.2 Availability
Appointments are available Monday to Sunday inclusive.
1.3 Image processing and delivery
mhp uses professional Adobe editing software, including Lightroom and Photoshop to produce high quality image sets. Resizing of images can be done at the client’s/agent’s request, and all media is delivered via electronic file transfer.
1.4 Processing priority
Processing priority will be agreed with the agent and/or the client depending on how quickly each client wants to be on the market. In cases where multiple clients want to go live as soon as possible, editing will be done in the order appointments were attended, even if this involves multiple agents. However, discretion may be used depending on each appointment’s relative workload.
1.5 Cancellations and rescheduling
Should an appointment be cancelled or need rescheduling, no fee is applicable. Cancellations or postponements should be made in advance of mhp departure times wherever possible.
1.6 Weather
mhp will endeavour to book appointments in conjunction with consultation of the weather forecast. Good weather cannot be guaranteed, and if weather negatively impacts the photographs, mhp will use his professional discretion in editing in blue skies. Any retouching of images must be carried out by mhp in accordance with copyright legislation. Good weather days are the most in-demand, and as such no guarantee can be made for availability at these times - especially at short notice.
2.0 Copyright, Image Licensing and Usage
2.1 Copyright
The copyright of all media provided by mhp remains the property of mhp in accordance with ‘Copyright Notice: digital images, photographs and the internet’. The client and/or agent are not permitted to share or sell any photograph without the prior consent of mhp. This includes sharing of the photographs by the agent to the client unless permission is given in writing by mhp.
For sales appointments, clients may keep a free copy of the image set for reference purposes and private use only, but any commercial use or intentions are subject to an additional fee. Free copies of image sets will usually be delivered once a sale has completed, although for client selection purposes this may actually be in preparation of marketing materials. mhp will retain copyright in all cases. This is to protect the agent and mhp.
2.2 Image licensing
Media is supplied under a Licensing Agreement and usage is restricted in accordance with that agreement. A copy of the Licence Agreement is attached to each invoice for ease of reference.
Images are licensed perpetually, non-exclusively and in a non-transferable capacity by mhp for use by the agent to market properties online on their website and through property portals, as well as in printed media including newspapers and magazines.
Images may also be used in social media, but should be accompanied with credit to mhp (@matthillierphotographer/@mhp.property on Instagram/Facebook; matthillier.co.uk elsewhere). mhp also retains the right to share examples of his work online, but will endeavour to tag relevant parties where possible.
Images are not to be shared outside of the Licence Agreement unless prior consent has been given by mhp and the appropriate fees paid.
Floor plans are also subject to copyright, and mhp reserves all rights.
3.0 Property Preparation and Photography
3.1 Property presentation
It is the responsibility of clients to ensure their property is fit and ready for photographing. mhp is happy to offer advice and help clients stage their property where appropriate and where time permits, however this service cannot be guaranteed.
3.2 Photography style
mhp works with two main priorities in mind - promoting realistic space (and linkage of rooms where possible) and promoting natural light (where possible). It may be necessary to use artificial flash to illuminate darker rooms or areas, although this is done for clarity of observation when photographs are viewed. mhp accepts no responsibility for viewers’ negative reactions based upon their expectations after having seen the photographs.
4.0 Payments, Pricing List, Fees and Expenses
4.1 Payment schedule
Images will be made available for use as soon as they are processed, and clients/agents must pay each invoice in full within 14 days of the invoice date unless otherwise agreed. Invoices are sent electronically and include mhp’s bank details for direct bank transfer.
4.2 Fees and expenses
Any overdue payments beyond the 14 day payment period will incur a late fee of £10/week until funds are paid in full. Image licensing may also be suspended beyond the 14 day payment period until payment is made in full, at which time the licensing of images will resume.
Expenses are charged for appointments beyond a 15 mile radius from YO62 5AP with return mileage at 50p/mile. Mileage will be worked out using the shortest route according to Google Maps, with distances rounded to the nearest mile.
5.0 Liability and Indemnity
5.1 Liability
mhp’s liability in any case is limited to professional fees agreed for each appointment. mhp shall not be liable to the client or agent for any loss of sale/rent, profit, business or cancellation of or reduced viewings of each property. mhp shall not be liable should the client and/or agent fail to sell or let.
5.2 Holiday and sickness
Should mhp be unable to attend appointments due to illness or holiday, sufficient notice shall be given to the client/agent. In the case of illness, this shall be no later than 9am on the day of the appointment, and in the case of holiday, mhp shall make clients/agents aware of the relevant dates at the earliest possibility.
5.3 Indemnity
Clients and/or agents agree to indemnify mhp against all claims arising out of, or in relation to, any breech of these terms and conditions.
6.0 Additional and Relevant Law
6.1 General
These terms and conditions are governed by the laws of England and Wales.
They shall not be varied except by agreement in writing.
6.2 Misrepresentation
Accuracy of photographic reproduction, and portrayal in property photography is the responsibility of mhp, the client and the agent collaboratively, in line with 'The Business Protection from Misleading Marketing Regulations 2008’ and ‘The Consumer Protection from Unfair Trading Regulations 2008’.
Once images have been delivered to the client or agent, mhp accepts no responsibility for their use in relation to these statutory instruments.
6.3 Further reading/information
These terms and conditions are inclusive, but not limited to, the details that can be found at the following sources: