Terms of service

1. Introduction

These Terms & Conditions govern all services provided by Bertie Victor Photography (“Bertie Victor Photography”, “we”, “us”, or “our”) to any client (“client”, “you”, or “your”).

By booking, commissioning, using this website, or engaging our services in any capacity, you agree to these Terms & Conditions in full.

These terms apply to all services unless otherwise agreed in writing.

2. Business Information

Bertie Victor Photography is a UK sole trader business operating within England and Wales.

Website: bertievictor.com

For privacy and security reasons, a residential business address may not always be publicly displayed.

3. Services Provided

Services may include, but are not limited to:

  • Property photography
  • Walkthrough video production
  • Drone photography and videography
  • Floor plans
  • Commercial photography
  • Corporate headshots
  • Event photography
  • Social media content creation
  • Editing and retouching
  • Brochure and marketing design
  • Canva and social media packages
  • Content licensing

All services are subject to availability, suitability, weather conditions, safety assessments, and scheduling.

4. Booking & Acceptance

Bookings may be made via:

  • Telephone
  • Website contact form
  • Direct email correspondence

A booking is considered confirmed once accepted in writing by Bertie Victor Photography.

We reserve the right to refuse or cancel bookings at our discretion, including where:

  • Conditions are unsafe
  • Access is restricted
  • The property is unsuitable
  • The client behaves abusively or unreasonably
  • Legal or regulatory concerns arise

5. Client Responsibilities

The client is responsible for ensuring:

  • The property or location is fully prepared and photo-ready
  • Cleaning, staging, decluttering, and presentation are completed before arrival
  • All necessary permissions and access rights are obtained
  • Tenants, occupants, or relevant parties are informed where applicable
  • Pets, hazards, or security risks are managed appropriately

Bertie Victor Photography reserves the right to decline or postpone shoots where a property is considered excessively unsuitable, unsafe, inaccessible, or materially different from what was described at booking.

Additional charges may apply if excessive waiting, preparation delays, or revisits are required.

6. Fees, Invoices & Payment Terms

Invoices are payable within 30 calendar days of issue unless otherwise agreed in writing.

Accepted payment methods may include:

  • Bank transfer
  • Stripe
  • PayPal
  • Other agreed methods

Deposits, retainers, recurring billing arrangements, or staged payments may be agreed for larger or ongoing projects.

Late payments incur:

  • A 5% fee per month after the payment due date
  • Any reasonable recovery or administrative costs associated with overdue invoices

We reserve the right to suspend future work, withhold delivery, revoke usage licences, or refuse future bookings where invoices remain unpaid.

7. Cancellation & Rescheduling

While standard cancellation fees are not currently applied, Bertie Victor Photography reserves the right to charge for:

  • Repeated cancellations
  • Last-minute cancellations
  • Excessive rescheduling
  • Travel already undertaken
  • Reserved production time

We reserve the right to reschedule or cancel services due to:

  • Illness
  • Equipment failure
  • Unsafe conditions
  • Adverse weather
  • Travel disruption
  • Regulatory restrictions
  • Force majeure events

In such circumstances, liability shall be limited to rescheduling or refunding any unused fees paid.

8. Weather, Force Majeure & External Conditions

Services involving exterior photography, drone work, natural lighting, or travel may be affected by:

  • Rain
  • High winds
  • Fog
  • Extreme temperatures
  • Airspace restrictions
  • Public safety concerns
  • Traffic delays
  • Government restrictions
  • Events beyond reasonable control

Bertie Victor Photography shall not be liable for delays, cancellations, reduced output, or inability to complete services caused by circumstances outside reasonable control.

9. Drone Operations

All drone operations are conducted in accordance with applicable UK Civil Aviation Authority (CAA) regulations.

Drone services are subject to:

  • Safe weather conditions
  • Airspace restrictions
  • Site risk assessments
  • Privacy considerations
  • Pilot discretion
  • Legal compliance

Bertie Victor Photography operates using valid Flyer and Operator ID registrations where required.

Drone photography or videography is never guaranteed and may be cancelled or modified without notice where safety, legality, privacy, weather, technical limitations, or environmental obstacles prevent safe operation.

The pilot’s decision regarding flight safety shall be final.

10. Editing & Delivery

Standard editing and retouching are included within quoted pricing unless otherwise stated.

Editing style and creative interpretation remain at the discretion of Bertie Victor Photography.

Unless agreed otherwise:

  • One revision request per project/set is included
  • Additional revisions are charged at £30 per hour

We reserve the right to refuse excessive, unreasonable, misleading, or inappropriate editing requests.

Virtual staging, object removal, structural alteration, AI-generated modifications, or cosmetic concealment are not included unless specifically agreed.

Sky replacements, lighting adjustments, and standard visual enhancements may be used where appropriate.

11. Delivery & Archival

Delivery timelines are estimates only and may vary depending on:

  • Project size
  • Editing requirements
  • Weather
  • Client responsiveness
  • Workload

Clients are responsible for downloading and backing up all delivered files.

Delivered media is generally retained online for approximately 6 months. Long-term archival is not guaranteed.

Where files must be recovered, re-uploaded, or reissued after archival periods, a minimum £30 administration fee may apply.

12. Copyright & Licensing

Under the Copyright, Designs and Patents Act 1988, all copyright and intellectual property rights remain the property of Bertie Victor Photography unless explicitly transferred in writing.

Clients are granted a limited, non-exclusive, non-transferable licence for the agreed use only.

Usage permissions may vary depending on:

  • Estate agency listings
  • Commercial campaigns
  • Social media use
  • Print advertising
  • Website use
  • Corporate marketing

Third parties may not reproduce, edit, distribute, licence, publish, sell, or reuse content without prior written consent from Bertie Victor Photography.

Licences may be revoked where invoices remain unpaid.

Commercial licensing, syndication, public advertising campaigns, developer usage, or extended media licensing may require additional fees. Clients should contact Bertie Victor Photography directly regarding licensing requirements.

13. Portfolio & Marketing Usage

Unless otherwise agreed in writing, Bertie Victor Photography reserves the right to use captured content for:

  • Portfolio display
  • Website use
  • Social media
  • Marketing
  • Advertising
  • Awards
  • Editorial promotion

Clients may request confidentiality or restricted publication prior to the project commencing. Such requests will be considered reasonably but may affect pricing or availability.

14. Music Licensing

Where music is incorporated into video productions, appropriately licensed music may be used where agreed.

Clients remain responsible for ensuring suitability and compliance when reposting, republishing, boosting, advertising, broadcasting, or distributing content across third-party platforms.

Bertie Victor Photography accepts no liability for copyright claims, automated platform restrictions, demonetisation, muted audio, or social media takedowns imposed by external platforms.

15. Subcontractors & Assistants

Bertie Victor Photography reserves the right to engage trusted subcontractors, assistants, editors, drone operators, or associated creatives where necessary.

All subcontractors are expected to operate professionally and confidentially.

Bertie Victor Photography remains responsible for overall project management unless otherwise agreed.

16. Confidentiality

Client information, property details, and commercially sensitive information will be treated confidentially where reasonably practical.

We will never knowingly sell personal client data to third parties.

Certain third-party providers may be used during project delivery, including:

  • Stripe
  • PayPal
  • Google Drive
  • Dropbox
  • Canva
  • Meta platforms

By using our services, you acknowledge that information may be processed through these platforms where operationally necessary.

17. Marketing Communications

Bertie Victor Photography may occasionally contact previous clients regarding:

  • Service updates
  • New offerings
  • Promotions
  • Portfolio releases

Marketing communications will be infrequent and clients may request removal from communications at any time.

18. Website Use & Accuracy

All website content is created carefully and believed to be accurate at the time of publication.

However:

  • Content may change without notice
  • Availability is not guaranteed
  • Errors or omissions may occasionally occur

Bertie Victor Photography accepts no liability arising from reliance on website information alone.

All website text, branding, imagery, graphics, and media remain protected intellectual property.

19. Cookies Policy

By using this website, you consent to the use of cookies and similar technologies where reasonably necessary for:

  • Website functionality
  • Analytics
  • Performance monitoring
  • User experience improvements

You may disable cookies through your browser settings, though certain website functions may be affected.

20. AI Usage & Restrictions

AI-assisted editing tools may occasionally be used within normal production workflows.

Clients may not use, upload, distribute, or supply media created by Bertie Victor Photography for AI model training, dataset generation, synthetic reproduction, or machine learning purposes without prior written consent.

21. Behaviour & Safety

Abusive, threatening, discriminatory, unsafe, aggressive, or inappropriate behaviour toward Bertie Victor Photography or associated personnel will not be tolerated.

Services may be immediately terminated without refund where safety or wellbeing is compromised.

22. Liability Limitation

Bertie Victor Photography maintains public liability insurance through Morgan Richardson.

To the fullest extent permitted by law:

  • All services are provided without guarantees regarding commercial performance, property sales, engagement levels, or business outcomes
  • Liability for any claim shall be limited to the total amount paid for the affected service
  • We shall not be liable for indirect, consequential, incidental, reputational, or financial losses
  • We accept no liability for third-party platform issues, algorithm changes, listing removals, copyright systems, or technical failures outside our control

Nothing within these terms excludes liability where exclusion is unlawful under UK law.

23. Governing Law

These Terms & Conditions are governed by the laws of England and Wales.

Any disputes arising in connection with these services shall be subject to the exclusive jurisdiction of the courts of England and Wales.

24. Amendments

Bertie Victor Photography reserves the right to amend these Terms & Conditions at any time without prior notice.

The latest published version on the website shall apply unless otherwise agreed in writing.

25. Contact

Website: www.bertievictor.com

Send us a message via our contact us page