Terms of service
1. Definitions
"Photography" refers to all content created by Up Imagery Limited, including but not limited to photography, videography, graphic design, 3D modeling, and scriptwriting.
"Photographer" refers to Up Imagery staff, photographers, videographers, graphic designers, 3D modelers, and scriptwriters.
2. Photo-Ready Condition
It is the responsibility of the client and homeowner to ensure the property is in a photo-ready condition before the scheduled shoot. The Up Imagery photographer will capture the home "as-is" and may make minor adjustments but will not rearrange furniture or clean the property.
If the property is not in a suitable state for photography upon the photographer’s arrival, the client will be contacted and may need to reschedule. A rescheduling fee of $100 will apply.
3. Client Requests
Up Imagery photographers follow industry best practices unless specific requests are made.
Clients must communicate special shot requirements via email, text, or verbally before or during the shoot.
Requests must be reasonable and within the scope of the booked package and time constraints.
For video, clients may suggest soundtrack preferences before editing begins. However, Up Imagery retains full creative discretion and may not accommodate requests if deemed unsuitable. Music revisions will not be made post-delivery except under extreme circumstances at the discretion of the video editor.
4. Photoshopping
Up Imagery aims to capture images accurately during the shoot but offers minor post-processing corrections.
Requests for image modifications that could misrepresent the property (e.g., removing structural damage) will not be honored.
Additional Photoshop work beyond standard touch-ups (such as sky replacement and brightness adjustments) incurs extra charges, determined by complexity and agreed upon before processing.
5. Drone Operations
Up Imagery operates drones in accordance with the Civil Aviation Authority’s (CAA) Part 101 drone laws. If the project location is near an airport or controlled airspace, Up Imagery will liaise with the relevant Air Traffic Control authority to obtain necessary approvals. This process may incur additional charges, which will be communicated in advance.
While we strive to provide drone services as planned, external factors such as weather conditions, airspace restrictions, or safety concerns may prevent flight operations. If we are unable to operate the drone for reasons beyond our control, any drone-related charges will be refunded.
The client and/or their appointed agent is responsible for notifying and obtaining permission from neighbouring property owners if drone operations may involve flying over their land. Up Imagery accepts no liability for any complaints or disputes arising from drone flights over neighbouring properties.
Up Imagery follows strict safety procedures in all drone operations. However, we are not liable for any accidental property damage unless it is determined to be a direct result of negligence on our part.
6. Reshoots, Refunds, and Cancellations
Reshoots
A reshoot is granted under the following conditions:
No Charge: If the Up Imagery photographer fails to capture essential shots, experiences equipment failure, or does not perform to professional standards.
Chargeable: If the reshoot is required due to reasons beyond Up Imagery’s control, such as excessive clutter, safety concerns, or dissatisfaction with standard-quality images. The reshoot fee is $250 or half the original shoot price (whichever is higher) plus travel expenses.
Cancellations and Rescheduling
24-hour notice (48 hours during peak season: November-February) is required for cancellations or reschedules.
Less than 12-hour notice: Cancellation incurs a fee of 50% of the booking value; rescheduling for reasons outside of wet weather conditions incurs a 25% fee.
Weather-related postponements: No charge if agreed upon before the photographer departs. Up Imagery will shoot in most weather conditions except heavy rain, extreme wind, or hail.
Rescheduling due to personal weather preferences (e.g., clear skies) incurs a $200 fee.
No refunds will be issued once a shoot has taken place unless Up Imagery is unable to deliver a final product due to unforeseen circumstances.
7. Edit Revisions
Clients receive one free revision (up to 1.5 hours of editing labor).
Additional revisions will be charged based on the time required, with costs disclosed in advance.
8. Photo & Video Rights and Usage
Up Imagery retains ownership of all content and grants the paying client a license to use it exclusively for property marketing with the purpose of being sold (e.g., online listings, social media, print advertisements).
Third-party use (e.g., by architects, builders, stagers, designers, buyers, or sellers) is prohibited without written permission.
Content may be used in newspapers, magazines, or blogs if Up Imagery is credited and the content is not used to sell a product/service other than Up Imagery Ltd.
Up Imagery may sell or reuse photographs unless exclusivity is agreed upon in writing before the shoot.
Requests for archived files (older than 3 months) will incur a retrieval fee.
9. Consents
The client is responsible for obtaining necessary permissions, model releases, or consents for people, locations, or items depicted. Up Imagery will only secure such clearances if agreed upon in writing before the shoot. The client indemnifies Up Imagery against legal claims arising from failure to obtain proper permissions.
10. RAW Files
RAW files remain the exclusive property of Up Imagery and will not be provided to clients under any circumstances.
11. Promotions
AI Video Tour Package with Free Drone:
Drone footage is included for a limited time and may be discontinued without notice.
If booked before the promotion ends, the offer will be honored even if the shoot occurs later.
Drone operation is subject to Civil Aviation Authority restrictions.
Flights near airports may incur a $100 clearance fee.
If drone flight is not possible, no discount will be provided, as the drone footage is a complimentary add-on.
12. Liability
Up Imagery is not responsible for any damage to property, injury, or losses incurred during the shoot unless caused by gross negligence.
The client agrees to indemnify Up Imagery against any claims, damages, or legal expenses arising from the use of the delivered content.
These terms are subject to change at Up Imagery’s discretion. By booking services with Up Imagery, the client agrees to these terms and conditions.