Harbour View Photography undertakes to deliver the completed Services to the satisfaction of the Client by the agreed date at time of booking. The Client shall pay the agreed amount upon receipt of the completed Services as total compensation for the Service(s).

Provision of Services

Harbour View Photography will supply a range of services to the Client. Harbour View Photography may utilise service partners where appropriate to ensure a quality and competitive range of services are provided.

Scheduling and Contact Information

Requests for a Service should be submitted via our on-line booking portal or via email. We will reply back within 24 hours to verify the date, time and location of the shoot. Typically shoots can be accommodated within 5 working days however this is subject to workload and cannot be guaranteed.

Once both parties have acknowledged the date and time of the appointment, the appointment will be considered “booked”.

Note that depending upon the Service(s) booked, more than one person will need to visit the property. Timings will try to be coordinated to minimise disruption but cannot be guaranteed.

At the Shoot - Photography & Video Services

The Client is responsible for the presence of an authorised representative at the shoot to approve the Photographer’s interpretation of the project. If a Client representative is not present, the Photographer’s interpretation shall be deemed acceptable. The Photographer will make a reasonable effort to tweak rooms; however please note that this does not include things like making beds or significant rearrangement of furniture. The Client is expected to ensure that the property is ready to shoot at the agreed time prior to the photo shoot. All properties will be shot “As Is.” Your input is important when choosing the best rooms and angles to photograph and video. Absent your input, the Photographer will use his/her best judgement and experience to decide how best to photograph/video the property.

The Client has no right to reject photography or videos on the basis of style, composition, angle of shooting or colour rendition.

Where any contractors, tradespeople, family members or other individuals may be present in or around the property during the shoot, it is the Client’s responsibility to ensure that appropriate consent for their image to be captured and used has been obtained. Harbour View Photography accepts no liability for the presence of unconsented individuals in the Services.

After the Shoot

Once the photos and/or video have been taken, Harbour View Photography will perform digital retouching and deliver to you. Delivery is via a secure on-line gallery to the email address(es) supplied. Images will be supplied in 2048 X 1365 pixel resolution (3X2 aspect ratio). Different resolutions and aspect ratios can be provided and should be stated at time of booking.

For videos, the price allows for up to two minor edits. Further or major edits will be quoted.

Unedited or RAW image and video files are not included as part of the Services and will not be supplied to the Client unless expressly agreed in writing and separately quoted.

Harbour View Photography will retain final edited image and video files for a period of 12 months following delivery. After this period, files may be archived or deleted without further notice. The Client is responsible for downloading and storing their own copies at the point finished images and videos are supplied.

Review and Deemed Acceptance: Upon delivery of the completed photos and/or video together with the invoice, the Client has 14 days from the date of delivery to notify Harbour View Photography in writing of any concerns regarding the Services. If no such notification is received within this period, the Client shall be deemed to have accepted the photos and/or video in full, and payment shall become due in accordance with the Payment section below, regardless of whether formal sign-off has been given.

Please see the Payment section for details on when photos and video can be used.

Cancellation, No-Show and Inclement Weather Policy

If cancellation or rescheduling is necessary, please do so with a minimum of 48 hours notice. Any shoot cancelled within 48 hours of a booked appointment is subject to a £80 Cancellation Fee. Arriving late beyond 30 minutes to an appointment will be considered a cancellation, and will be billed at the full rate of the shoot. Every effort will be made to accommodate a re-scheduling.

In the event of inclement weather, illness, equipment failure, property access issues, or other circumstances reasonably beyond the control of either party preventing photography from taking place, a new date will be scheduled at the earliest available time at no additional cost to the Client. Where possible, the decision to reschedule should be communicated at least 48 hours prior to the agreed shoot date.

Rights and Usage

All photos and video produced for a Client may be used by the Client for any and all marketing materials and campaigns associated with the property and for the Client’s self promotion. The photos may also be used by the Client’s parent company for the sole purpose of marketing the specific property photographed. Ownership and copyright of the photos and video remains with Harbour View Photography, and licence is granted only to the Client and Client’s parent company, and not to any third party.

This licence is granted in perpetuity, unless a shorter term is expressly agreed in writing at the time of booking (for example, where a licence is limited to the duration of the Client's ownership, tenancy, or active marketing/listing of the property).

Any usage of the photos and video by a third party, including but not limited to, estate agents, architects, builders, stagers, designers, sellers or buyers, is strictly prohibited unless approved in writing by Harbour View Photography.

Any use of the photos and/or video outside the scope of the licence granted above, including use by an unauthorised third party or use beyond the licence period, will be treated as a breach of this Agreement. Harbour View Photography reserves the right to invoice the party responsible for such use at its standard commercial licensing rate, in addition to any other remedies available.

Payment

Harbour View Photography will supply an invoice with all services detailed, delivered to the Client via email. Payment is accepted via electronic transfer. Payment is due within 7 days from date on invoice.

Upon an invoice being cleared, download instructions will be provided. No use of the images can be made prior to payment being cleared.

A non-refundable deposit may be required to confirm a booking for larger or commercial projects, the amount and terms of which will be confirmed at time of booking. Any deposit paid will be deducted from the final invoice.

Harbour View Photography is not VAT registered so prices quoted do not include VAT.

Invoices not paid within 7 days of the invoice date may be subject to a late payment charge of 8% plus the Bank of England base rate per annum on the outstanding balance, calculated from the invoice due date until payment is received in full, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

Liability and Insurance

Harbour View Photography holds public liability insurance and details can be provided to the Client on request.

Save in respect of death or personal injury caused by Harbour View Photography’s negligence, or any other liability which cannot be excluded or limited under English law, Harbour View Photography’s total liability to the Client arising out of or in connection with the Services, whether in contract, tort or otherwise, shall not exceed the total fees paid by the Client for the Services giving rise to the claim.

Data Protection

Harbour View Photography will process the Client’s personal data (including contact details and property information) solely for the purposes of providing the Services, in accordance with UK data protection law. Data will not be shared with third parties except where necessary to deliver the Services (e.g. gallery hosting or payment processing).

Indemnification

Harbour View Photography hereby agrees to indemnify the Client from any damages, claims or costs, including solicitors fees arising out of breach of the representations and warranties set out

General Provisions

This Agreement constitutes the entire agreement between the parties, replacing any prior agreements between them and any amendment hereto shall be effective only if made in writing and signed by both parties.

This Agreement shall be binding upon the parties and accrue to the benefit of their heirs, successors, legal representatives and assigns.

This Agreement shall be governed and construed in accordance with the laws of England and Wales. If any part of the Agreement is judged by an appropriate court of law as invalid or unenforceable, it shall be modified to the extent permissible in law and in any event shall not affect the validity of any of the remaining provisions.