TERMS & DEFINITIONS
a.  The “Photographer” will be known as Fi Digby-Jones Photography.
b.  The “Client” will be known as any person, business or company commissioning the Photographer and includes the Client’s affiliates, assignees, and successors in title. 
c.  The “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. 
d.  The “photographs” means all photographic material captured and supplied by the Photographer.
e.  The “image licence” means the photographs selected from the material as to be licensed for use in accordance with these Terms.  
f.  The “material” means all photographic material created by the Photographer pursuant to an Assignment and includes but is not limited to prints, digital files or any other type of physical or electronic material recording either still or moving images.
g.  The “image usage licence” means the licence to use the Licensed Images as set out in clauses below. 
h.  “working hours” – Means any day that is not a Saturday or Sunday or UK Bank Holiday in England. Between the Hours of 9am and 5pm. 
i.  The “creative brief” means ‘The Clients’ specific requests for ‘The Assignment’
j.  All terms & conditions of the Photographer will be the only ones applicable, unless agreed in writing, either by email or hard copy by the Photographer and the Client.
k.  The Photographer reserves the right to amend these terms and conditions without prior notice.

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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’.

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COPYRIGHT & OWNERSHIP OF PHOTOGRAPHS
a.  Unless the Client has requested exclusive use of the photographs prior to the photoshoot, and this has been agreed in writing by the Photographer, the Photographer retains full copyright of all images, at all times, throughout the world, in accordance with the Copyright, Designs and Patents Act 1988 and reserves the right to use images for self-promotion, editorial use, on personal website and social media. If no exclusivity has been agreed, the Photographer may use the photographs without the permission of the original Client.
b.  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.
c.  The Photographer would appreciate being identified as the author of all photographs, whether they are being used in print or digital format, by the words: ‘Photographs by Fi Digby-Jones Photography’. If the photographs are being shared on social media a clickable handle may be used (Instagram @fi.digbyjones.photography, Facebook @fionadigbyjonesphotography).
d.  Unless otherwise agreed in writing, the Photographer retains the right in all cases to use the Client’s name, business or company name, in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting her work.
e.  It is the Client’s responsibility to ensure that all the necessary clearances/ property releases have been obtained to allow the photographs to be taken without hindrance or infringements of trademarks or copyrights. The Client shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
f.  The Photographer will retain copies of the photographs from the photoshoot for at least 6 (six) months after the photographs have been delivered to the Client.

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BOOKING
After the initial enquiry, and if the Client wishes to proceed, the booking must be confirmed via email with the proposed date and time of the photoshoot. It will be assumed the Client agrees to all of the Photographer’s terms and conditions if they book the photoshoot.

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PRICING, PAYMENT, TRAVEL FEES & DELIVERY OF SERVICE

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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 to adjust the fees and future pricing with 30 days’ notice.

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PAYMENT
Invoices will be sent out as agreed and must be paid within 14 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.  

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TRAVEL FEES
Travel fees to and from the assignment are included in the pricing structure assuming that the assignment is within a 10 mile radius of GU1 3. For assignments outside of this area, travel fees will be calculated at the base rate of 45p per mile for basic fuel and vehicle costs and will be added to the final invoice.

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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 business hours of the shoot taking place. 

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RETOUCHING
Images will be edited to give a bright but natural representation of the property and retouching includes basic clean-up (colour correction, spotting, simple blemishes removed) in the file charge. Any additional retouching requested by the Client will be billed at £5-10 per image depending on the level of the request from the Client.

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EXTENSIONS TO PRICING
Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at the Photographer's normal rate to the Photographer in addition to the expenses as having been agreed or estimated.

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ABORTED VISITS, WEATHER & CANCELLATIONS

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ABORTED VISITS 

If a property is unattended and keys are issued for a lone visit and the property is, in the Photographer’s 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 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 the appointment at full price.

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WEATHER 
Unfortunately, while the Photographer supplies all the equipment needed, she can’t bring good weather, but can brighten and add blue skies to photos to simulate better weather. If, however, the Client decides they wish to re-schedule for a day with better weather, the Photographer’s cancellation policy below becomes applicable. 

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CANCELLATIONS 

Whilst it is understood that from time to time, assignments will need to be cancelled, it would be appreciated if notice of cancellation can be sent to the Photographer within 48 hours, in order for the aborted session to be added to the Photographer’s waiting list.

 

If the Photographer arrives at the property and the assignment cannot be completed through no fault of the Photographer, the Client will need to re-book the appointment.

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OCCUPIED HOMES/PROPERTIES 
In the event, ‘The Client’ requires ‘The Photographer’ to attend an occupied home the following terms will become applicable. 

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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. The Photographer is a fan of dogs but does not wish to be jumped on or risk expensive equipment being knocked over. All of the Photographer’s 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.

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MINOR’S (UNDER 18’S)
The Photographer will not work alone with minors in the property, if minors are present then they must always be accompanied by a responsible parent/guardian.

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STAGING THE PROPERTY/SITE  
Where the Client requires the Photographer to attend an occupied home, it is the Client’s responsibility to inform the owner of the property, prior to the assignment of the necessary preparations in order for the photographs to be taken and a Photo Ready Checklist will be provided via email.  Due to Insurance limitations and Health and safety requirements, the Photographer will not move any large furniture, including, but not limited to sofas, armchairs, dining tables, beds, desks, wardrobes, chest of drawers, garden tables, trampolines, barbeques etc. The Photographer may move smaller objects to enhance the image composition.

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PREPARATION ASSISTANCE
The Client is responsible for sending an authorised representative to the assignment. If no representative is present, the Client is obligated to accept the Photographer's judgment as to the acceptability of the images. Images may not be rejected on the basis of style or composition. The Photographer shall not be responsible for photographs not taken as a result of the Client’s failure to provide reasonable assistance or instruction. In the absence of prior instructions or specific requests, the photographs recorded and provided will be totally at the Photographers’ discretion. The Photographer takes no responsibility for the property presentation when she arrives and will shoot as presented. As the Photographer is on a strict time constraint and insurance restrictions, she is unable to move large amounts of items to improve any particular shots. The Photographer will move tea towels, bins and basic washing items from the kitchen and wheelie bins from the front of the property. For sanitary reasons, bathroom towels, bins, brushes and toiletries will not be touched. It is therefore strongly recommended to spend some time prior to the Photographer’s arrival to check the property is properly presented to fully guarantee the images received are of the highest presentation as possible. The Photo Ready Checklist guide gives a clear explanation of how each room, or area of a property should be presented for the photographs and should be actioned upon by the property owner to avoid unnecessary additional charges caused by additional time take to prepare the space for photographs.

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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 the Property Owner. It is the responsibility of the Client to obtain the necessary signed model & property release forms to ensure they are in 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. 

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FAILURE TO PERFORM 
If the Photographer 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 the Photographer 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. In the event the event that 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. 

SERVICES 

PROPERTY PHOTOGRAPHY AND PHOTOGRAPHIC STYLE
The Photographer takes a great deal of pride in her work and delivers images appropriate to the property’s ambiance and style and as such uses 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 Photographer’s style as presented on her website; www.fidigby-jonesphotography.com. 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, as outlined above.

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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. 

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AERIAL PHOTOGRAPHY 
Aerial photography is available on request and is subject to separate Terms, Conditions and fees. Please get in touch for details

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PAYMENT
a.  Payment can be made by bank transfer, details of which will be found on the invoice.
b.  Payment for the balance of the final invoice will be expected for the commissioned work within 21 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 21 days, the Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
c.  The Photographer may make additional charges should an assignment overrun due to circumstances beyond the control of Photographer (e.g. including but not limited to the Client requesting additional photographs over and above the Client's original brief, or the condition of the property not being ready to photograph on arrival leading to additional time to set up etc).
d.  Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.

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CLIENT CONFIDENTIALITY
The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out her obligations in relation to the commission.

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LIABILITY
a.  The Client shall indemnify and hold harmless the Photographer from any loss, damage or liability resulting from the Client’s breach of the terms and conditions. The Client agrees to indemnify and hold harmless the Photographer for any liability, damage, or loss related to technological failure, including data loss.
b.  The Photographer shall be held harmless for any and all injury to the Client, his associates or property owner during the course of the photography session and the immediately surrounding events. The Client understands and agrees that the Photographer may have cords, light stands, and other equipment at the location. The Client will hold the Photographer harmless for any damage, personal injury, or loss caused by tripping over or otherwise being injured from this equipment. 
c.  The supply of products/services are provided by the Photographer on a reasonable endeavours basis, and agreed deadlines met where possible. The Photographer shall not be liable for any delays in meeting any of her obligations which were due to causes beyond her reasonable control including but not limited to sickness, adverse weather conditions, acts of God, floods, fire, loss etc.
d.   In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the Photographer’s control, including but not limited to camera, hard drive, or equipment malfunction, the Photographer’s liability is limited to the return of all payments received for the photoshoot.
The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
e.  In no event shall the Photographer be liable for any incidental, indirect, punitive, exemplary or consequential damages whatsoever (including damages for loss of profits/contracts/business, interruption, loss of business information or any other loss).
f.  The Photographer’s maximum liability for all losses, damages, costs, expenses and claims in any event will be limited to the total amount of fees paid by the Client to the Photographer for the relevant commission.
g.  This agreement shall be governed by the laws of England & Wales

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DATA PROTECTION
Any information or data is kept in accordance with data protection principles set out in the Data Protection (GDPR) policy on the ICO (Information Commissioner’s) website.  If you wish to view the Photographer’s Data Protection policy please contact the Photographer.