Terms of Business

These terms apply to all services provided by Stay Studios Ltd. They will automatically form the basis of a binding contract between us when you instruct us to proceed with a proposed project or when we provide a service to you ‘The Client’.

Definitions and Application of Terms

“The Photographer” – Means Stay Studios Ltd or any Professional Photographer working for or with Stay Studios Ltd.

“The Client” – Means the party commissioning the Photographer and includes the Client’s affiliates, assignees, and successors in title. 

“Assignment” – Means a commission by the Client of the Photographer for provision of Photographic services at a shoot for the purpose of creating Material for Marketing Purposes. 

“Estimate” – Means any email or other document electronic or otherwise created by the Photographer and setting out the Fee and expenses for any Assignment along with information as to Usage Licences. 

“Fees” – Means the Photographer’s fees as set out in the Estimate. 

“Image Licence” – Means the still and/or moving images selected from the Material and as specified in the Estimate as to be licensed for use in accordance with these Terms.  

“Material” – Means all photographic material created by the Photographer pursuant to an Assignment and includes but is not limited to transparencies, negatives, prints, digital files or any other type of physical or electronic material recording either still or moving images.

“Image Usage Licence” – Means the licence to use the Licensed Images as set out in clauses below. 

“Working Hours” – Means any day that is not a Saturday or Sunday or UK Bank Holiday in England. Between the Hours of 9am and 5pm. 

“Creative Brief” – Means ‘The Clients’ specific requests for ‘The Assignment’

APPLICATION OF TERMS 

The Booking of an appointment for our Professional Photography and all other services, by ‘The Client’ and the acceptance of the said booking by ‘The photographer’ confirms all parties have read & agree to the terms set out below. These terms and conditions will: 

• Apply to all Assignments undertaken by the Photographer for the Client and to all Usage Licences or extended and/or additional Usage Licences relating to such Assignments,
• Prevail over any inconsistent terms or conditions contained, or referred to, in ‘The Client’s’ purchase order, confirmation of order, acceptance of Estimate, or specification or other document supplied by ‘The Client’.

Copyright, Indemnification & Image Usage Licensing

IMAGE COPYRIGHT: ‘The Photographer’ retains the full worldwide copyright of all images taken during ‘The Assignment’. ‘The Photographer’ reserves the right to use images for self-promotion, editorial use, on personal website and social media, unless instructed by or negotiated in a separate contract with the agent or ‘The Client’. 

IMAGE USAGE LICENCE: ‘The Client’ is hereby granted unlimited usage rights (across their brand, marketing and booking channels only) of the images created on their assignments for their Sole Marketing Purposes and are only permitted to use the images as outlined in the contract that is either in force or send after booking confirmation.  

‘The Client’ is forbidden from selling or gifting the images to any other third party without expressed written consent from 'The Photographer'.

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 of/or any use of the photos or materials furnished by Property Owner. It is the responsibility of ‘The Client’s’ to obtain the necessary signed model & property release forms to ensure they are full effect and in force. This is in relation to GDPR (General Data Protection Regulation) where family photos or other identifying information is captured within the images, these images will be online for the world to see, so should not contain images of children who may be subject to any protection orders, or cause distress or offence to those who are the subject within images. 

Pricing, Payment, Travel Fees & Delivery of Service

PRICING

The pricing structure is inclusive of the creative rates of ‘The Photographer’ as well as industry standard photography licence rates. ‘The Photographer’ reserves the right periodically adjust the fees and future pricing with 30 days’ notice.

PAYMENT

A 30% deposit is required to secure the required appointment time. Once the assignment has been completed, the remaining balance is required prior to the release of the high-res images. Late payments will attract late payment fee as per the HMRC guidelines. If further action is required to recover outstanding fees, The Client will be liable for all costs incurred in the recovery process. Please see section below relating to Cancellation Policy.

DELIVERY OF SERVICE

Images will be sent digitally via WeTransfer or other pre-agreed form usually (depending on the size of the shoot) within 2-5 business days of the shoot taking place.

Aborted Visits, Weather & Cancellations

ABORTED VISITS 

If a property is unattended and keys are issued for a lone visit and the property is, in our opinion in a non-photographic state, ‘The Photographer’ will make every effort to communicate the situation with ‘The Client’ so as to gain comments on how to proceed. In the event of not being able to contact ‘The Client’, the photoshoot will be completed, unless otherwise advised when confirming a booking. If the assignment is aborted 100% of the project fee is payable by ‘The Client’. If ‘The Client’ gives the go ahead and/or the photoshoot is completed and ‘The Client’ is then not happy with the results ‘The Client’ will need to re-book at full price.

WEATHER 

Unfortunately, while we bring all the equipment we need, we can’t bring good weather. If however you decide you wish to re-schedule for a day with better weather, our cancellation policy below becomes applicable. 

CANCELLATIONS

The deposit will be retained if any ‘assignment’ is cancelled or amended through no fault of ‘The Photographer’. Any ‘assignment’ cancelled or amended through no fault of ‘The Photographer’ within 48hrs, will incur a charge equal to 50% of the agreed project cost. Any ‘assignment’ cancelled or amended through no fault of ‘The Photographer’ within 24hrs, will incur a charge equal to 100% of the agreed project cost.

If The Photographer arrives at the property and the assignment cannot be completed through no fault of ‘The Photographer’, a cancellation fee equal to 100% of the agreed price will be invoiced. 

CHANGES TO ASSIGNMENT BRIEF

If changes are made to the scope of work to be delivered (the assignment brief) after the shoot date has been secured through payment of the 30% deposit, the photographer reserves the right to retain the initial deposit. The remaining 70% of the project fee will then be applicable to the work delivered on the shoot date.

Services

PROPERTY PHOTOGRAPHY AND PHOTOGRAPHIC STYLE

We take a great deal of pride in our work and deliver images appropriate to the properties ambiance and style. Images will therefore be edited to ‘The Photographers’ style as presented on this site. ‘The Photographer’s’ Creative decisions will be final and The Client waivers the right of complaint. If Further alterations are required such as item removal, further fees will become applicable.