Terms & Conditions
These Terms & Conditions apply to all bookings made with FDO Photography and constitute the entire agreement between the parties.
1. Booking & Acceptance
A booking is confirmed once agreed in writing, including email correspondence. Verbal discussions do not constitute a binding agreement unless confirmed in writing.
Confirmation of a booking constitutes acceptance of these Terms & Conditions.
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FDO Photography provides services as an independent contractor. Nothing in this agreement creates an employment relationship, partnership or joint venture.
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FDO Photography reserves the right to decline or withdraw a booking prior to written confirmation.
2. Fees & Payment
Fees will be confirmed in writing prior to the shoot.
Unless otherwise agreed:
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• Invoices are payable within 30 days of the invoice date
• Late payments may be subject to a late payment fee of £50.00, interest and/or recovery fees in accordance with UK legislation.
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All fees are exclusive of VAT unless stated otherwise.
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Payment obligations are not contingent upon subjective approval of artistic style or aesthetic preference.
3. Copyright & Licensing
All images remain the sole intellectual property and copyright of FDO Photography at all times.
Upon receipt of full payment, the client is granted a non-exclusive, non-transferable licence to use the images solely for agreed marketing purposes relating to the photographed property or project. The licence becomes effective only upon receipt of full payment.
The client acknowledges that photography involves creative judgement and interpretation, and final images may differ from expectations.
Permitted uses include:
• Website marketing
• Social media
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Online travel agents and booking platforms
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Brochures and printed materials
The licence does not permit:
• Sale or resale of images
• Sub licensing
• Supply to third parties without written consent
• Editing beyond permitted formatting under Clause 4
Images may not be used for artificial intelligence training, dataset generation, automated scraping systems or resale content platforms without prior written consent.
The licence granted is perpetual for the agreed marketing purposes unless otherwise agreed in writing.
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Third parties including designers, architects, estate agents, developers or brands must obtain a separate written licence and payment fee from FDO Photography before using any imagery.
FDO Photography reserves the right to use images for portfolio, website, social media, editorial features, competitions and promotional purposes unless confidentiality is requested in writing prior to the shoot.
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FDO reserves the right to alter images for any FDO marketing or social media use.
4. Image Alteration & Platform Formatting
The client may resize or crop images solely for the purposes of adapting them to platform specifications or marketing layouts, provided that such alteration does not materially alter, distort or misrepresent the images.
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The application of filters, colour overlays, digital manipulation or structural alterations is not permitted without prior written consent from FDO Photography.
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FDO Photography shall not be liable for any claims arising from unauthorised editing or modification of images by the client or any third party.
5. Property Preparation & Readiness
The client is responsible for ensuring the property is fully prepared and ready to photograph at the agreed arrival time.
This includes:
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• Property cleaned and professionally presented
• Beds fully dressed
• Surfaces decluttered
• No tradespeople or guests present
• All areas accessible
• Utilities fully operational
If, upon arrival, the property is not ready for photography and the shoot cannot proceed, FDO Photography reserves the right to charge the full booking fee.
However, if the shoot is rescheduled, the following will apply:
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A half-day fee for the cancelled appointment
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Full travel expenses
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The full original agreed fee for the rescheduled shoot
Professional judgement of readiness shall be exercised reasonably by FDO Photography.
6. Weather Contingency
Exterior, twilight and lifestyle photography are weather dependent.
FDO Photography reserves the right to postpone or reschedule exterior where weather conditions are unsuitable.
Unsuitable conditions may include:
• Heavy rain
• High winds
• Fog or poor visibility
• Severe overcast conditions impacting light
Interior photography may proceed independently where possible.
Weather related postponement initiated by FDO Photography will not incur cancellation fees. A mutually convenient alternative date will be arranged.
If the client elects to proceed against professional advice, written confirmation may be requested, and image quality cannot be guaranteed.
7. Cancellations & Rescheduling
Cancellations must be made in writing.
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• Cancellation within 7 days of the scheduled shoot incurs a half day fee
• Cancellation within 24 hours incurs the full agreed shoot fee
• If travel has commenced, travel costs remain payable
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Rescheduling will be accommodated where reasonably possible.
8. Access, Safety & Delays
The client must ensure safe and uninterrupted access at the agreed time.
Minor delays will be accommodated where possible. However:
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• Significant delays may reduce shoot time
• Additional days required due to delays will be charged at the agreed day rate
FDO Photography is not liable for circumstances outside of its control including trades on site, incomplete works, weather conditions, utility failures or restricted access.
The client is responsible for ensuring that the property and surrounding areas are safe, secure and suitable for photographic work at the time of the shoot.
The client warrants that:
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• The property is structurally safe and free from known hazards
• Floors, stairs, balconies and outdoor areas are stable and safe
• Electrical systems are operational and safe
• No hazardous materials or unsafe conditions are present
• Any ongoing construction or maintenance works have been disclosed in advance
FDO Photography reserves the right to refuse to work in any area deemed unsafe or hazardous.
Where unsafe conditions prevent completion of the shoot, this shall not constitute breach of contract, and the booking may be treated as a late cancellation.
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FDO Photography shall not be liable where client delays impact available natural light conditions or overall image outcome.
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The client shall be liable for any injury, loss or damage suffered by FDO Photography arising from unsafe site conditions that were not disclosed prior to the shoot.
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FDO Photography maintains appropriate public liability insurance. Evidence of insurance can be provided upon reasonable request.
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FDO Photography will not access rooftops, unstable balconies, scaffolding or elevated positions without appropriate safe access equipment. Requests to capture images from unsafe vantage points may be declined without liability.
9. Travel
Travel time and mileage are chargeable unless agreed otherwise in writing.
If cancellation occurs before travel commences, no travel costs apply.
If the shoot cannot proceed upon arrival due to property readiness, travel costs remain payable.
10. Image Delivery & Archiving
Estimated delivery timelines will be confirmed at booking.
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FDO Photography will retain image files for a minimum of 12 months from the date of delivery unless otherwise agreed.
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Clients are responsible for the secure storage of delivered files.
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Re supply of archived images may incur an administrative fee.
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Any concerns regarding delivered images must be raised within 7 days of delivery. After this period, images shall be deemed accepted.
11. Non-Defamation & Public Commentary
The client agrees that any concerns regarding the services provided shall first be raised directly with FDO Photography and a reasonable opportunity given to investigate and respond.
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The client shall not publish, post or otherwise communicate any public statement, review or commentary that knowingly misrepresents the services provided.
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Nothing in this clause prevents the client from providing honest and fair feedback.
12. Confidentiality & High Value or Off Market Properties
Where a property is high value, security sensitive, embargoed or not yet publicly launched, the client must notify FDO Photography in writing prior to the shoot.
Upon written instruction, FDO Photography will:
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• Withhold publication
• Delay portfolio use
• Avoid identifying location details
• Respect agreed embargo periods
Unless written confidentiality is received prior to the shoot, FDO Photography retains promotional usage rights as outlined in Clause 3.
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FDO Photography will not disclose property access codes, security information or client data to third parties.
Confidentiality obligations survive termination of this agreement.
13. Data Protection
Each party agrees to comply with all applicable UK data protection legislation.
Where personal data is shared for the purposes of carrying out the shoot, including names, contact details, access codes or security information, FDO Photography shall:
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• Process such data only for the purpose of providing services
• Not disclose personal data to third parties without lawful basis
• Take reasonable steps to protect such data from unauthorised access
• Retain data only for as long as reasonably necessary
This clause survives termination of the agreement.
14. Client Warranty & Indemnity
The client warrants that:
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• The property is lawful to market and advertise
• All features depicted comply with applicable safety and regulatory requirements
• No aspect of the property has been knowingly misrepresented
The client agrees to indemnify and hold harmless FDO Photography against any claims, losses, damages, liabilities or legal costs arising from:
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• Misrepresentation of the property
• Unsafe or non-compliant features depicted in imagery
• Claims made by guests, tenants or third parties relating to the condition or use of the property
This indemnity survives termination of the agreement.
15. Force Majeure
FDO Photography shall not be liable for any failure or delay in performing its obligations where such failure or delay results from events beyond its reasonable control.
Such events may include:
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• Severe weather conditions
• Illness or injury
• Transport disruption
• Equipment failure not caused by negligence
• Theft or damage of equipment
• Government restrictions
• Power outages
• Acts of God
Where a force major event prevents performance, FDO Photography will use reasonable efforts to reschedule.
16. Sole Trader Illness & Emergency
FDO Photography operates as a sole trader. In the event of illness, injury or emergency preventing attendance, reasonable efforts will be made to reschedule.
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FDO Photography is not obliged to provide a substitute photographer.
17. Limitation of Liability
While every care is taken during the shoot, FDO Photography shall not be liable for:
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Any accidental breakages or damage caused
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Loss of income
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Business interruption
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Indirect or consequential losses
Liability is strictly limited to the total value of the booking fee paid.
In the unlikely event of complete photographic failure due to equipment malfunction or unforeseen circumstance, liability shall be limited to either:
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• A reshoot where reasonably possible
Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence, or for any liability which cannot lawfully be excluded.
18. Credit
Where reasonably possible, FDO Photography should be credited when images are used online or in print.
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For social media usage, tagging the relevant account is appreciated.
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Failure to credit does not invalidate payment or licensing obligations.
19. Assignment
The client may not assign or transfer any rights under this agreement without prior written consent from FDO Photography.
20. Variation
No variation of these Terms shall be valid unless agreed in writing by both parties.
21. Governing Law & Jurisdiction
This agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising from this agreement.
These Terms & Conditions constitute the entire agreement between the parties and supersede any prior discussions or representations.