For the purpose of this agreement the “Photographer” is Zeus 360 or one of its agents, franchisees or employees. Zeus 360 is a trading name of Vaccine Media Ltd which is a company registered in England and Wales No. 08658339. “Photographs” includes all material provided by the Photographer. “Property” means the property (e.g. retail unit) in which the Client has commissioned the Photographer to photograph.
The Photographer exclusively owns all rights to the photographs, videos and 360 Tours. Only the Photographer or their appointed representatives can assign licences for the use of the photographs. As such, the Photographer can use all photographs for his own marketing purposes. No licence for any service or product is assigned either implicitly or explicitly until full payment has been received. Licences only apply to ‘final full quality’ images. No licences are granted on images provided for proofing purposes and these may not be used for any purpose other than to select the final images. No licence is transferrable unless explicit consent is provided by the Photographer.
The hosting of Matterport 360 Virtual Tours is provided by Matterport. Liability for the host remains with the third party and the Photographer accepts no liability for the hosting. The length of hosting is as defined in the product description of the package purchased. Hosting can be extended for an additional cost. It is the client’s responsibility to request the extension of hosting prior to the end of the agreed period. Alternatively the client may arrange their own Matterport account and the virtual tours may be transferred from the Zeus 360 account to the client’s account.
The Client shall be responsible for obtaining all necessary permissions and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such permissions.
The Photographer is fully insured for Public Liability.
All quotes for work will include expenses unless specifically stated. However, if additional reasonable expenses or time are incurred by the Photographer, due to alterations by the Client or other factors outside of the control of the Photographer, Clients will be responsible for those expenses.
Travel and accommodation expenses may be charged where the property is outside the North West. This will be agreed in advance.
Full payment is required within 30 days.
Where invoices have been issued, late payments will incur a late fee of £25 per week until full payment is received.
Any cancellations within 72 hours of the photo shoot will result in the Client being charged 100% of the fee. Requests to reschedule a photo shoot with more than 72 hours’ notice should be done by telephone or email. If any expenses are incurred by the Photographer due to rescheduling, the Client is liable for those expenses.
Should the Photographer be unable to access the property for whatever reason then the Client will be charged up to the full cost of the package booked plus any additional expenses incurred.
The Client and not the Photographer is responsible for preparing the property for the photographs. The Photographer will take the photographs of the property as it is presented. If the Photographer is delayed by the Client or anyone else preparing the property during the photo shoot, the Photographer has the right to charge an additional fee for the extra time. Any additional visits that are required to the property will be charged at the full rate subject to a minimum charge of half day rate.
If adverse weather conditions impact a photo shoot then an additional visit may be required. Additional visits may attract a charge.
All children and pets must be kept away from the Photographer and the photography equipment. Any damage caused to Photographer or equipment due to children or pets will be charged to the Client. If the Photographer sustains any injury at a property then legal action can be taken. The Photographer can cancel a photo shoot on arrival at the property or at any time during the photo shoot if he has any concerns for his safety. The Client will be liable for the full cost of the photography package as booked.
The Photographer’s liability in any case is limited to professional fees paid to the Photographer by the Client prior to the photo shoot in relation to the specific property and photo shoot. Photographer shall not be liable to Client for any loss no matter how it was caused or to the minimum level as allowed by law.
This agreement shall be governed by the Laws of England & Wales.
These Terms and Conditions shall not be varied except by agreement in writing. If one or more of the provisions contained in the Agreement is found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.