Terms & Conditions
These terms and conditions shall apply to all bookings made by the agent. Any amendments must be agreed in writing between both parties prior to services being carried out.
360 Holmes are identified in the terms as “the photographer”, and the agent is identified as “the agent”.
All prices listed are the total payable: VAT is not applicable.
These terms and conditions were last updated on 03/12/2022.
- Job Pricing.
Prices are calculated assuming the property is in “photo ready” condition, and that the property has no more rooms than what would normally be expected in relation to the number of bedrooms. A room is counted as a bedroom if it would normally be marketed as such, regardless of the actual use of the room at the time of shooting.
A “normal” number of rooms per bedroom is deemed to be the following:
– Studio/1 Bedroom: a maximum of 5 rooms (including the bedroom).
– Each additional bedroom: a maximum of 2 additional rooms (including the bedroom).
– Counted towards the total are all rooms apart from hallways, cupboards, and garages.Should a property exceed the maximums stated above, the price will be changed to reflect the equivalent number of bedrooms in relation to the total number of rooms, for example:
A property with 2 bedrooms that has 9 rooms in total will instead be charged as having 3 bedrooms.The photographer reserves the right to charge more than the original/quoted price should the time spent at the property exceed what would reasonably be expected due to any reason beyond the photographer’s control or responsibility. This includes (but is not limited to): the property not being in a “photo ready” condition; delays caused by the agent/client/occupants for any reason (such as waiting for a room to be cleared or to become available); the photographer having to move/tidy objects themselves due to the property not being in a fit state for photography.
The 5% services package discount will be applied when at least three services are booked for a single property and at least three of them are from different main service categories (these are: photography, videography, 360 virtual tours, EPCs, and floorplans).
A service (or the sum of multiple services within one main category) must also be worth at least £15 to be counted towards the 5% services package discount: e.g. if the services booked for a property include a single drone photo, floorplan and EPC this would only count as 2 services due to the drone photography’s cost of £10. As such, the 5% discount would not be applied.
If two or more properties that are booked to be shot in quick succession are in the same location (i.e. two flats within the same block), the total services cost of the first property will be charged at full price and any subsequent properties will be discounted by the lesser of £5 or 10%.
If only one service (or multiple services within one main category) is booked for a property, it will be charged at an additional £5 (with the exception of floorplans if a physical visit to the property is not required).
A minimum service charge of £25 per property visit is applicable (this will be shared between two or more properties in the same location (i.e. two flats within the same block) if they are booked to be shot in quick succession (with the exception of revisits that are necessitated by an error on the photographer’s behalf, in which case there will be no charge). - Travel.
The first 10 miles of the photographer’s return journey will be included at no extra charge. Additional miles thereafter will be charged at 35p per mile. The total distance will be calculated as the shortest reasonable return journey between the photographer’s address and the property location using Google Maps. The milage amount will also take into account any additional travel necessary for the shoot, for example picking up keys from an office.If the property is within London and within any of the following zones, the following charges will apply:
– Low Emission Zone (LEZ): £2.50
– Ultra Low Emission Zone (ULEZ): £7.50
– Congestion Charge Zone (CCZ): £27.50Only the highest charge will apply for properties that reside in two or more zones.
Any other road tolls etc incurred for the shoot will also be added to the invoice.Travel costs will be split between jobs (unless requested otherwise) if two or more properties are booked to be shot in quick succession.
- Parking.
Should there be no legal free car parking available nearby the property (i.e. within a couple of minutes’ walk), the agent must either provide a valid permit or reimburse the photographer for any car parking charges incurred for the duration of the shoot.
Should the only nearby parking option be “Permit Only”, the agent should ensure a valid permit is provided.
The photographer will keep copies of any parking receipts to be submitted to the agent along with the invoice.
The agent will not be responsible for any fines or penalties incurred by the photographer as a result of any unpaid, illegal, or otherwise negligent parking on the behalf of the photographer. -
Working hours.
Our normal working hours are Monday – Friday between 9am and 5pm.
Jobs booked to start from 5pm onwards on weekdays or at any time on Saturdays / Sundays will incur an additional charge of £25 / 25% of the services cost (whichever is greater).
- Fees & Payment.
Unless agreed otherwise in writing, each job is invoiced separately and payment is due within 14 calendar days of the invoice date.
Where booking fees are applicable and agreed in writing, the job will not be considered confirmed by the photographer until the booking fee payment has been received. Unless the photographer cancels the booking, booking fees are non-refundable.The agent is liable for payment should any costs be passed onto the vendor/landlord and they are not paid by the due date.
- Delivery.
- The photographer will deliver the image(s)/video(s)/virtual tour(s)/floorplan(s) to the agent no later than 3 working days after the day of shooting. EPCs may take longer depending on whether evidence needs to be provided by the vendor/landlord, and whether evidence provided needs to be verified by the accreditation body prior to lodgement.
- The photographer will deliver fully and professionally edited the image(s)/video(s)/virtual tour(s)/floorplan(s) as digital files securely via the internet, taken using professional grade cameras.
- The photographer will deliver images (if applicable) in two sizes: one with a lower resolution (2048px on the longest side) optimised for web use and one with a higher resolution (minimum 3600px on the longest side) for printing or other purposes. Videos (if applicable) will be delivered with a resolution of 1920 x 1080px (Full HD resolution) in landscape format (unless requested otherwise prior to shooting).
- Virtual tours (if applicable) will be hosted online by the Photographer free of charge for duration of the property’s listing. The agent may purchase further hosting on a subscription basis should they require it beyond this date.
- EPCs will be delivered to the agent electronically via email as a PDF document. The link to view the EPC on the government website will also be included.
- The agent can also choose to have the virtual tour(s) delivered electronically as a digital file package for them to keep and/or host themselves.
- The photographer will not be obliged to deliver any unedited images or RAW files.
- The determination of images delivered to the agent will be at the discretion of the photographer.
- The post production, including editing styles, effects, and overall look of the image(s)/video(s)/virtual tour(s) will be at the discretion of the Photographer.
- For any content (apart from EPCs), the agent may request one revision per item free of charge (apart from object removal or advanced editing of photos/panoramas, which may be charged at £3.50 or £7 per image depending on the editing time required). Any subsequent revisions may be charged by the photographer, the costs of which will be agreed upon between the photographer and agent prior to any revisions being carried out.
- Copyright & Permissions.
- The photographer shall maintain the copyright of all images/videos.
- The agent grants the photographer and its assignees the irrevocable and unrestricted right to alter, use, and publish the image(s)/video(s)/virtual tour(s)/floorplan(s) for advertising, portfolios, or any other lawful purpose, in any manner and medium.
- The photographer grants the agent the irrevocable permission to print, share, make copies of, and use the image(s)/video(s)/virtual tour(s)/floorplan(s) for any purpose both physically and digitally, in perpetuity.
- Job/Services Cancellation.
By the agent: The agent may cancel any agreed job at any time prior to the agreed shooting time and date. However, if the job is cancelled within two hours of the agreed start time the photographer reserves the right to charge the cost of services booked up to a maximum of £50 as a cancellation fee as well as any travel costs that may have been incurred.
Jobs are agreed by the photographer on the basis that all the services requested by the agent are carried out. Should the agent decide within two hours of the agreed shooting time and date to remove any services or make any changes that reduce the value of the services rendered the photographer reserves the right to charge the value of the difference up to £50 as compensation.
By the photographer: The photographer may cancel any job at any time prior to the agreed shooting time and date, and must attempt to arrange a suitable alternative time with the Client to complete the job.
- Rejection.
- If the agent is not present during the shooting of the property then the agent is obliged to accept the photographer’s judgement as to the acceptability of the image(s)/video(s)/virtual tour(s)/floorplan(s) taken.
- Whilst the photographer will endeavor to obtain as complete coverage of the property as possible in the agreed format(s), should the agent require specific aspects of the property to be included, the agent should state them prior to shooting. Lack of coverage of any aspects of the property which were not specifically requested prior to shooting shall not act as a means for the agent to refuse payment for the booking.
- Should the image(s)/video(s)/virtual tour(s)/floorplan(s) supplied to the agent not be used by the agent (e.g. due to a withdrawal of the property from market or disinstruction from the vendor/landlord), then the agent shall still pay for the services as booked.
- Indemnity.
The agent shall be responsible for obtaining any required clearances for shooting and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
- Access to property.
Should the photographer fail to gain entry (e.g. incorrect keys) or be denied access to the property, the photographer reserves the right to charge the agent the cost of services booked up to a maximum of £50 as a cancellation fee as well as any travel costs that may have been incurred.
- Property presentation.
- The agent is responsible for ensuring the property is presented to an acceptable standard (e.g. ’photo-ready’) prior to the photographer’s arrival.
- Should the photographer be asked to return to the property for further work because the property was not presented in the expected state (e.g. unexpected renovation work or clutter), then photographer shall charge an additional fee to the agent.
- The photographer shall not be responsible for making the property presentable for shooting, or for the moving of objects within the internal (e.g. furniture) or external (e.g. waste bins) aspects of the property that may be deemed a health and safety risk to the photographer. Coverage of the property will reflect the property as it is presented upon the photographer’s arrival.
- Weather.
Occasionally, adverse weather conditions (e.g. snow/rainfall, fog or high winds) may prevent footage of the property being taken due to poor visibility, health and safety reasons, or for transport limitations. In such circumstances the photographer will arrange for a suitable alternative date/time to return to photograph the property. This will be treated as a revisit (see below) if the photographer is already at the property and they are asked to return by the client or agent.
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Property revisits.
If for any reason the photographer is required to revisit the property this will be treated and charged as a separate visit (with the exception of revisits that are necessitated by an error on the photographer’s behalf, in which case there will be no charge). This includes if the photographer is asked by the agent or client to revisit, or if the booked services were not able to be fully rendered. In these cases, the cost of the original visit will be amended to reflect the services that were actually rendered, and the cost of the revisit will include the cost of services rendered during the revisit as well as any additional costs (e.g. travel costs) chargeable as a separate visit. - Liability.
The photographer’s liability in any case is limited to the value of the agent’s order with the photographer. The photographer shall not be liable to the agent for any loss of sale, profit, business or cancellation of or reduced viewings of the property, which the agent assumes may arise out of or in connection with the content created of the property by the photographer. The photographer shall not be liable should the property fail to sell or let. - Failure to perform.
If the photographer or its assigns cannot perform this agreement due to a fire, casualty, strike or other civil disturbances, act of God, including but not limited to road closures, severe traffic or weather, fire, terrorism or other causes beyond the control of the parties, or due to the photographer’s illness, then the photographer shall return any moneys paid by the agent less expenses, but shall have no further liability.
This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, memory card malfunction, or otherwise lost or damaged without fault on the part of the photographer. In the event the photographer fails to perform for any other reason, the photographer shall not be liable for any amount in excess of the value of the agent’s order. 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.