Term’s & Conditions

Estate Agents Term’s & 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 Sean Keane working at or for Keane Media Services (KMS).

1.0 CLIENT ASSISTANCE - The Photographer will use their discretion of the location and quantity of photos required for the property. If specific photo’s are requested it is strongly recommended that either the client, agent or both shall attend to ensure all parties are happy with the final product. The Photographer shall not be responsible for photographs not taken as a result of the Client or Agent's failure to provide information required or any other obstructions that may prohibit the photographer. 

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.

2.0 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.

3.0 TRAVEL FEES: Our fees cover up to 20 miles radius of travel from the assigning office. In excess of 20 miles there will be a £1/mile charge added to the final invoice.

4.0 NON-PHOTOGRAPHABLE - If the property is in our opinion not in a-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 fee is payable or a minimum charge of £40 will be applied.

5.0 WORKING/SHOOTING ENVIRONMENT- When multiple people or 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. We will endeavour to work with anyone that maybe in attendance to ensure everyone can work safely and efficiently.

KMS offers photography, floorpans, EPC’s and virtual tours and all are performed in house. This is to help reduce un-needed footfall on the clients property and to give the agents one port of call.

Any distractions from a professional or otherwise that prohibits any of the services being provided to be compromised or incomplete, this is not the responsibility of KMS and a fee is still chargeable. Any re-attendance would be charge on top.

6.0 DELIVERY - KMS will endeavour to deliver images within 24 hours for photos only & 48 hours when a floorplan, EPC or virtual tour is required. 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, via a downloadable  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.

7.0 COPYRIGHT - The Photographer hereby grants the Agent or the paying client if the property owner, limited license 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 £1,000 (one 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.

8.0 FLOORPLANS - Floor-plans are for illustrative purposes only and are made using industry standard software. Measurements and areas shown are approximate but will be taken, where possible, with a digital tape measure. 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.

9.0 PAYMENT - Payment is required 14 days after the issue of invoice via bank details on the invoice.

10.0 PHOTO EDITS - If some touch up or edits are required for a single photo, this is charges at £20 per hour.

11.0 VIDEOGRAPHY - Fees are calculated upon your requirements & level of production time & post editing work required.

12.0 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 event that an appointment is cancelled or rescheduled within 48-24hrs then an administration fee of £39.95 will be applied. In the even that an appointment is cancelled or rescheduled within 23.59hrs of the confirmed appointment time an administration fee 50% of the total assignment fee, or £49.95 whichever is greater will be applied. Appointments whether cancelled or rescheduled after 7am on the actual date of the appointment will incur a minimum fee of either £64.95 or 65% 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 accessible time, you agree that this will incur a £19.95 administration fee. Any appointments that require rescheduling outside of your accessible limits will not incur a fee due to not having access to administrate the booking/appointment yourself within 48hrs of the appointment.

13.0 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 £39.95 will be applied.

14.0 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.

15.0 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.

16.0 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.

17.0 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.

19.0 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.