Terms and Conditions

TERMS AND CONDITIONS OF COMMISSIONING AND REPRODUCTION OF PICTURES FROM
SQUARE FOOT PHOTOGRAPHY

  1. Terms and Definitions:
    (a) picture includes a photograph, images, transparency, negative, digital scan, design, artwork, painting,
    montage drawing, engraving or any other item which may be offered for the purposes of reproduction;
    (b) reproduction includes any form of publication or copying of the whole or part of any picture and whether or
    not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s
    reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any
    other means;
    (c) The Company (otherwise known as Square Foot Photography) is the Author of the photograph
    (d) the Client is the person or organization to whom the invoice is addressed (whether or not the Client is acting
    for a third party);
    (e) These terms and conditions represent the entirety of the agreement between Square Foot Photography and the
    Client. Any variation is only applicable when agreed in advance and in writing;
  2. Copyright and Ownership of Materials:
    (a) The entire copyright in the pictures is retained by The Client at all times throughout the world.
    (b) Title to all photographs remains the property of The Client.
    (c) The Photographer, as administered by Square Foot Photography, supplies the technical and artistic ability to
    illustrate an idea photographically, and sells the rights to those pictures in a given context.
  3. Use and Reproduction:
    (a) The License to Use only comes into effect once full payment of the invoice has been made. No use may be
    made of the images until full and final payment – including any late payment charges that may have been levied
    – has been received by Square Foot Photography;
    (b) Permission in writing may be granted for image use before payment, however this permission will be
    immediately revoked if payment of the invoice is not made by the timescale stated on the invoice;
    (c) Reproduction rights are issued exclusively to the Client.
    (d) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall
    be implied.
  4. Booking and Cancellation:
    (a) The Client will be required to complete a Booking Form, on receipt of the booking form, Square Foot
    Photography will send an email as confirmation. The booking will then be considered Confirmed.
    (b) Once the Client has made a booking for a specific time and date and this date/time has been Confirmed,
    Square Foot Photography will not accept any other work from other clients for those times.
    (c) As a result, once a booking is Confirmed, if it is subsequently cancelled, a cancellation fee will be charged to
    the client according to the following schedule: (i) When a client cancels a confirmed booking more than 24 hours
    from any confirmed date, no administration fee will be charged; (ii) When a client cancels photography within
    less than 24 hours of any confirmed date, a fee of 50.00$ will be charged. (iii) In addition to this cancellation fee,
    the client will be charged for any expenses already incurred by Square Foot Photography.
    (d) It is the Realtor and/or home owner’s responsibility to have the home in photo ready condition prior to the
    photographer arriving. The photographer may ask for minor adjustments to improve the shot, but they cannot
    move furniture or make significant changes, clean the home, etc. Be sure to read the home prep guide several
    days prior to your shoot to make sure you are ready to capture the best photos possible. If the photographer
    cannot adequately shoot the property once they arrive due to reasons beyond our control (such as, but not limited
    to a) unable to gain access to the property b) excessive clutter and mess c) unrestrained animals) you will be
    charged the full fee of the shoot. Please make certain that arrangements have been made to access the property
    prior to scheduling a shoot.
  5. Payment Terms:
    (a) Payment is due at the time of the shoot by check or credit card or for your convenience you may pay securely
    online with a credit card ahead of time.
    (b) If payment is not made in accordance with (a) above then Square Foot Photography may rescind any
    Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late
    Payment Of Commercial Debts (Interest) Act 1998;
    (c) A fee of 20.00$ (excluding Tax) will be made for each account reminder, duplicate invoice, or any other
    paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable, and
    represents the additional time spent pursuing overdue invoices;
    (e) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client
    become due of immediate effect, even if it is less than 28 days from the issue date, and that Square Foot
    Photography may consider these invoices as overdue when pursuing legal action for the recovery of said debts;
  6. Rejection:
    (a) Square Foot Photography will edit every image and deliver what it considers to be the best of every situation
    covered;
    (b) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition
    or editing.
    (c) Please make any special requests known to the photographer before the shoot begins, including specific
    shots, angles and the like. Otherwise the photographer will shoot the home based on experience, the home’s
    condition, lighting and several other factors to get the best possible shots. That sometimes means making
    compromises when it is necessary to shoot around things or compensate for the angle of the sun.
    (d) Turnaround time is 24 hours. Although you may get your photos back in less time we cannot guarantee it. If
    you have a situation that requires a quicker turn around time please inquire about options for express service at
    an additional fee.
  7. Liability and Indemnity:
    (a) While Square Foot Photography takes all reasonable care in the performance of this agreement generally, it
    shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or
    reproduction of any picture or its caption;
    (b) The Client agrees to indemnify Square Foot Photography in respect of any claims or damages or any costs
    arising in any manner from the production supplied to the Client by Square Foot Photography;
    (c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be
    required for reproduction, are obtained and it is acknowledged that Square Foot Photography gives no warranty
    or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the
    use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the
    event that the picture is issued or reproduced by or with the authority of the Client then the Client shall
    indemnify Square Foot Photography against any loss or damage, proceedings or costs where such rights, releases
    or consents have not been obtained.
  8. Applicable Law:
    (a) This Agreement shall be subject to and constructed according to Texas Law.
    (b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
    (c) Email communication constitutes a contract in law, unless the Client specifically states they will not accept
    this and instead provides hardcopy paperwork of all relevant agreements and contracts.
  9. Client Confidentiality:
    The Photographer and Square Foot Photography will keep confidential and will not disclose to any third parties
    or make use of information communicated to them in confidence for the purposes of the photography, save as
    may be reasonably necessary to enable the Photographer or Square Foot Photography to carry out their
    obligations in relation to the commission.
  10. Making Payment
    Payment is due at the time of the shoot by check, cash or credit card or for your convenience you may pay
    securely online with a credit card ahead of time.
    When we accept payment by check, payment should be made payable to Square Foot Photography. Please note,
    when making payment by check, clients are advised to send payment by any method affording proof of delivery.
    Bounced Checks will incur a 20% additional fee.