BEN THOMPSON PHOTOGRAPHY LTD
Terms and Conditions of Business
1. Definitions
In these Terms and Conditions:
"Company" means Ben Thompson Photography Ltd.
"Photographer" means Ben Thompson Photography Ltd, its employees, subcontractors and authorised representatives.
"Client" means the individual, company, organisation, property owner, occupier, agent or representative commissioning the Services.
"Services" means photography, videography, drone photography, image editing, post-production, digital asset delivery and any related services supplied by the Company.
"Images" means all photographs, digital files, video footage, edited content and associated media produced by the Company.
"Licence" means the permission granted to the Client to use the Images in accordance with these Terms.
2. Acceptance of Terms
Acceptance of a quotation, purchase order, written instruction, booking confirmation, email instruction or commencement of Services shall constitute acceptance of these Terms and Conditions.
These Terms shall apply to all work undertaken by Ben Thompson Photography Ltd unless otherwise agreed in writing.
3. Quotations and Bookings
All quotations remain valid for 30 days unless otherwise stated.
A booking is confirmed only upon written acceptance by the Client.
The Company reserves the right to request a deposit prior to undertaking any work. Deposits are non-refundable except where cancellation is initiated by the Company.
Any amendments to the agreed brief following confirmation of the booking may result in additional charges.
The Company reserves the right to refuse any booking at its discretion.
4. Fees and Payment
Invoices are payable within 14 days of the invoice date unless otherwise agreed in writing.
The Company reserves the right to charge statutory interest and debt recovery costs on overdue accounts.
Where payment remains outstanding beyond 30 days, the Company reserves the right to suspend image licensing and pursue recovery of all outstanding amounts.
All prices quoted are exclusive of VAT unless stated otherwise.
Additional expenses including travel, parking, congestion charges, permits, specialist access equipment, accommodation and security escorts may be charged separately where applicable.
No licence for image usage shall be granted until full payment has been received.
5. Scope of Services
The Company shall use reasonable skill and care to provide the Services described within the agreed brief.
Image quantity, viewpoints, deliverables and timescales are estimates unless specifically guaranteed in writing.
The Company shall determine the artistic and technical approach necessary to complete the assignment.
Additional photography, re-visits, retouching requests, editing requests or amendments outside the agreed brief may incur additional fees.
6. Client Responsibilities
The Client shall:
Ensure unrestricted access to all agreed areas.
Obtain all necessary permissions from landlords, tenants, occupiers, managing agents and property owners.
Ensure properties are presented in a suitable condition for photography.
Inform the Company of any site-specific hazards or restrictions.
Arrange access passes, permits, security clearances and escorts where required.
The Company shall not be liable for delays or reduced image quality resulting from site conditions outside its control.
Waiting time exceeding 30 minutes due to site access issues may be charged at the Company's prevailing hourly rate.
7. Image Delivery and Retention
Final edited Images will typically be delivered within one business day following the shoot unless otherwise agreed.
Delivery times are estimates and may vary depending on project complexity.
Images shall be supplied electronically via secure download link, online gallery or cloud transfer service.
RAW files remain the property of the Company and will not be supplied unless agreed in writing.
The Company will normally retain archived files for a minimum period of 12 months but makes no guarantee regarding long-term storage.
Clients are responsible for downloading and maintaining their own backups of all delivered files.
8. Editing and Post-Production
Standard editing includes:
Exposure correction
Colour balancing
Perspective correction
Lens correction
Basic retouching
The following services are chargeable unless specifically included within the quotation:
Sky replacement
Object removal
Digital decluttering
Composite imagery
Extensive retouching
CGI integration
Virtual staging
The Company reserves the right to determine the extent of editing necessary to achieve a professional final result.
9. Copyright and Intellectual Property
In accordance with the Copyright, Designs and Patents Act 1988, copyright in all Images remains vested in Ben Thompson Photography Ltd.
No copyright ownership shall transfer to the Client unless expressly agreed in writing.
The Client shall not alter, edit, manipulate, distort, apply filters to or otherwise modify Images without prior written consent.
The removal of watermarks, metadata or copyright information is strictly prohibited.
10. Licence of Use
Upon full payment, the Client shall receive a non-exclusive, non-transferable licence to use the Images for their own marketing and promotional purposes.
Unless otherwise agreed, permitted usage includes:
Company websites
Property portals
Social media channels
Marketing brochures
Sales particulars
Leasing particulars
Press releases
Investor and corporate presentations relating to the commissioned property
The Licence does not permit:
Sale of Images
Transfer to third parties
Stock photography distribution
National advertising campaigns
Use by unrelated businesses
Use beyond the original purpose commissioned
Additional licensing fees may apply for wider usage rights.
11. Third-Party Use
Property agents, consultants, contractors, occupiers, investors, architects, designers and other third parties wishing to use Images must obtain written permission from the Company.
Unauthorised use may result in retrospective licensing fees and legal action.
12. Property Marketing, Agency and Occupier Usage
Unless otherwise agreed in writing, the licence granted under these Terms extends only to the Client named on the original invoice.
Property Agents
Where a property agent commissions the photography, the Images may be used solely for marketing the property concerned.
The licence does not automatically extend to:
Joint agents
Sub-agents
Successor agents
Marketing consultants
Design agencies
PR agencies
Media agencies
Such parties must obtain written permission from the Company prior to use.
Landlords and Property Owners
Where an agent commissions photography on behalf of a landlord or property owner, the landlord or property owner may use the Images for the promotion, leasing, management or sale of the photographed property.
The Images may not be supplied to unrelated third parties without written consent.
Occupiers and Tenants
Existing or prospective occupiers, tenants or purchasers may not use the Images for their own websites, social media, annual reports, investor communications or marketing materials without obtaining a separate licence.
Consultants and Professional Teams
Architects, designers, contractors, project managers, surveyors and consultants involved with a project shall not acquire any rights to use the Images unless expressly agreed in writing.
Future Marketing Campaigns
Where a property is subsequently re-marketed by another agent, owner or representative, a new licence may be required.
Unauthorised Use
The Company reserves the right to invoice any party using the Images without permission for the appropriate retrospective licence fee.
Unauthorised reproduction or commercial use of the Images may constitute copyright infringement and may result in legal action.
Credit
Where editorially practical, publication credit should read:
© Ben Thompson Photography Ltd
13. Portfolio and Promotional Use
Unless otherwise agreed in writing, the Company reserves the right to use Images for:
Website portfolio
Social media promotion
Industry awards
Marketing materials
Competition entries
Editorial publications
Professional presentations
Confidential projects may be excluded by prior written agreement.
14. Cancellations and Postponements
For standard photography assignments:
More than 48 hours' notice: No charge.
24–48 hours' notice: 50% of booking fee.
Less than 24 hours' notice: 100% of booking fee.
Where substantial preparation, travel, permit or accommodation costs have already been incurred, these costs may also be chargeable.
15. Insurance
The Company maintains appropriate Public Liability Insurance and Professional Indemnity Insurance where applicable.
Evidence of insurance can be provided upon request.
16. Limitation of Liability
The Company's total liability arising from any claim shall be limited to the value of the fees paid for the relevant assignment.
The Company shall not be liable for:
Indirect losses
Consequential losses
Loss of profits
Business interruption
Marketing delays
Third-party claims
In the event of equipment failure, data loss, illness, accident or other unforeseen circumstances, liability shall be limited to a refund of fees paid where replacement services cannot reasonably be arranged.
COMMERCIAL DRONE PHOTOGRAPHY TERMS
17. Drone Operations
All drone operations are conducted in accordance with applicable UK aviation legislation and operational authorisations.
The Company reserves absolute discretion regarding whether a flight may proceed safely and legally.
No Client instruction shall override safety requirements or aviation regulations.
18. Weather Conditions
Drone operations are weather dependent.
Flights may be postponed, rescheduled or cancelled due to:
Rain
Strong winds
Fog
Reduced visibility
Electrical storms
Extreme temperatures
Any condition deemed unsafe
The Company's decision regarding weather suitability shall be final.
Weather-related postponements shall not be treated as cancellations and shall not incur cancellation fees.
19. Airspace Restrictions and Permissions
Many locations, particularly within London, are subject to airspace restrictions, airport flight paths, temporary restrictions and security controls.
The Company cannot guarantee that drone operations will be permitted at every location.
Where operational authorisations, permits or additional planning are required, additional charges may apply.
The Client acknowledges that legal restrictions may affect:
Flight altitude
Camera positions
Viewing angles
Coverage area
Final deliverables
No refunds shall be due where legal restrictions prevent specific shots from being obtained.
20. Site Access and Client Obligations
The Client shall:
Confirm authority for aerial photography of the site.
Obtain any required permissions from property owners.
Inform relevant occupiers where necessary.
Provide safe access to launch and landing locations.
Disclose known hazards and restrictions.
The Company reserves the right to refuse operations where access arrangements are unsafe or inadequate.
21. Operational Safety
The Company shall undertake appropriate pre-flight planning and risk assessments.
The pilot shall retain complete authority regarding:
Flight commencement
Flight continuation
Flight termination
Operational boundaries
Flights may be terminated immediately where safety concerns arise.
22. Privacy and Data Protection
Drone operations will be conducted with due regard to privacy and applicable data protection legislation.
The Company shall take reasonable steps to avoid unnecessary capture of neighbouring properties and individuals.
The Client acknowledges that complete exclusion of third-party property or individuals may not always be possible when photographing urban environments.
23. Drone Insurance
All drone operations are undertaken with appropriate aviation-specific insurance cover.
Evidence of insurance can be provided upon request.
24. Force Majeure
The Company shall not be liable for failure to perform its obligations due to circumstances beyond its reasonable control, including but not limited to:
Severe weather
Airspace restrictions
Government action
Public emergencies
Civil disturbance
Industrial action
Equipment failure
Illness or injury
25. Complaints
Any concerns regarding the Services or Images must be raised in writing within seven days of delivery.
The Company shall be afforded reasonable opportunity to investigate and rectify any genuine issue.
26. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
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