Terms of service.

The term “’photography” is used to encompass all content created by Up Imagery Limited. An Up Imagery “photographer” is applicable to an Up Imagery videographer, graphic designer, 3D modeller, or script writer and the applicable noun variants.


PHOTO-READY CONDITION
It is the client and home owner's responsibility to have the home in photo-ready condition prior to the Up Imagery photographer arriving. The Up Imagery photographer will shoot the home "as-is". This means that he/she may make minor adjustments to improve the shot, but will not make significant changes to the layout of the home or clean the property. If the Up Imagery photographer arrives on location at the agreed time, and the house is in absolute no state to be photographed, he/she may contact the client informing them of them of the state of the property and the need to reschedule. A $100 rescheduling fee will apply.


REQUESTS
The Up Imagery photographer will engage the property shoot with his/her best practice, unless otherwise requested. This means that the Up Imagery photographer will capture shots that showcase the property rooms, property features in the style that is respective of the training he/she has received by Up Imagery.

If particular shots are required by the client (such as specific detail shots), the client must indicate these to the Up Imagery photographer either in email/text beforehand or onsite verbally. The Up Imagery photographer must keep in mind allotted time slots and package allocations, so the requests must be within reason and be appropriate to the property being shot.

For video, we welcome ideas or preferences to the featured soundtrack prior to any edit at no cost. Up Imagery is not responsible to meeting those requests entirely if the team does not see a suitable fit. If the Up Imagery team does not receive any special requests, the client allows for full creative licence. There will be no revisions for music after delivery unless on extreme circumstances granted by the video editor.


PHOTOSHOPPING
The Up Imagery photographer will aim to get everything correct during the shoot, but sometimes ‘photoshopping’ is required to correct certain items that may have an adverse effect on the way the property is viewed. However, Up Imagery will not misrepresent the property. Misrepresentation, in this instance, can be defined as being something that is not within possible grounds of reality when a potential purchaser visits the property – ie: is reasonable to assume that this occurrence could not happen without the assistance of computer software. Up Imagery reserves the right to make a judgement call on whether or not the photoshop request is outside the grounds of misrepresentation.

Item removal or any similar photoshop work that goes beyond our standard touch-up work in our property photos (like sky replacement and brightness enhancement) are not included in our property photography services, and include an extra charge per photo as agreed by a photographer. Costs may vary depending on complexities.


RESHOOTS, REFUNDS, AND CANCELLATIONS
It is rare for a client to want to get a property reshot. When a client requires an Up Imagery photographer to reshoot the property, Up Imagery separates the reason for a reshoot into two streams.

1.
If the clients rationale for a reshoot is something that falls under the remit of Up Imagery photographer, such as missing important shots or angles of the home, photographer gear failure, and any other incidences where it can be otherwise identified that the Up Imagery photographer has not done a job to the best of his/her ability, then Up Imagery will offer the client a reshoot to either capture the required shots or reshoot the entire home(when required), charging travel costs to cover fuel (if relevant).
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2.
If the client requires a reshoot due to any reason that is the responsibility or fault of the client or homeowner, such as dissatisfaction with the photographs (if they are up to the usual standard of Up Imagery), excessive clutter in the home, the photographer having to leave due to safety reasons on the property (animals, violence), and any other reason that could have been prevented that falls under the responsibility or fault of the homeowner or client, then Up Imagery will offer the client a reshoot at half of the price of (and additional to) the original shoot, as well as charging any travel costs to cover fuel.

If, for any reason, the client is unable to keep their scheduled appointment, Up Imagery requires at least 24 hours notice so Up Imagery can reschedule you at a more appropriate time and open your time slot to others. Cancellations with less than 12 hours notice may incur a cancellation fee of 50% of the total value of the booking. This is authorised at the discretion of the Up Imagery team.
Should a shoot be postponed due to bad weather, the client will not incur any charge if a postponement is agreed to by both the client and the photographer BEFORE the photographer’s departure for the shoot. Up Imagery photographers can and will shoot property in all weather conditions except heavy rain, extreme wind or hail. Up Imagery photographers can still photograph in light rain, if timed right. This does not apply to rural properties. The client is responsible if they wish to postpone prior a shoot if bad weather is imminent, otherwise the shoot will continue as planned. If bad weather occurs and a revisit is required, there will be a rescheduling fee of $200 (and will be more if outside of Whangarei).

3.
There will be no refunds given after the capturing of the home, unless under extreme circumstances Up Imagery cannot provide a final product.


EDIT REVISIONS
The client has the access of one free revision (up to 1.5 hours equivalent editing labour). It is up to the client to provide all revisions necessary. Any further revisions will be charged an amount disclosed by the Up Imagery team when multiple revisions are requested.


PHOTO, VIDEO RIGHTS AND USAGE
All content taken of and created for a property is owned by Up Imagery, and may not be reproduced unless agreed upon in writing. The paying client is granted license to utilise the content created by Up Imagery to market the specific property for sale for the duration of the original listing agency agreement, using mediums such as online advertising, TradeMe, social media, printed advertisements and signboards. This license does not extend to a third party. The usage of the photos by a third party, including (but not limited to) architects, builders, stagers, holiday accomodation providers, designers, sellers or buyers, alternative real estate agencies, is prohibited unless approved in writing by Up Imagery. This license extends to print and media, such as newspapers, magazines, news articles and blogs, as long as Up Imagery is credited as owning the image, and the content is not used to sell a product or service other than Up Imagery Ltd.

Up Imagery reserves the right to use or sell photographs or video. Exclusivity will not be unreasonably withheld but only on written agreement with Up Imagery before work commences.

CONSENTS
The client accepts that all necessary rights, model releases or consents which may be required for reproduction of people, places or items depicted within any works, are obtained by Up Imagery through the undertaking of work. Up Imagery shall be only responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot. In all other cases the client shall indemnify Up Imagery against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. Up Imagery will not be liable for any loss or damage, for any consequential loss of profit or income should this arise.

RAW FILES
Up Imagery will never hand out RAW files to the client. The captured RAW files are always property of Up Imagery.


TERMS AND CONDITIONS
These terms and conditions are subject to change over time without notice