Terms & Conditions
These Terms and Conditions apply to all photography, videography, aerial drone media, and related creative services provided by David Morley trading as Highland Croft Media ("the Photographer") to the client named on the booking confirmation or invoice ("the Client"). By
commissioning services from Highland Croft Media, you agree to be bound by the terms outlined below.
1. Definitions & General
- "The Photographer" refers to David Morley trading as Highland Croft Media.
- "The Client" refers to the person, business, or organisation booking the service.
- "Media" covers all visual content produced, including but not limited to digital photographs, HDR images, video reels, marketing footage, and aerial drone captures.
- These terms constitute the entire contract between the Photographer and the Client. Any variations must be agreed in writing.
2. Bookings, Deposits & Payment
- A booking is officially confirmed only when the Photographer receives a written confirmation (via email) and, where applicable, a cleared deposit.
- Payment terms are strictly 14 days from the date of the invoice, unless alternative corporate payment schedules have been agreed upon in writing prior to the shoot.
- Highland Croft Media reserves the right to charge interest on late payments in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
- All final media remains the property of Highland Croft Media until full payment is cleared. Digital delivery access may be suspended for overdue accounts.
3. Creative Execution & Service Packages
- Services will be delivered based on the specific package agreed during booking (e.g., Base Package or Complete Package).
- The Photographer will use professional judgment, creative style, and technical expertise regarding composition, lighting, masking, and post-processing workflows.
- While every effort is made to fulfill specific client requests, external factors (including property presentation, specific light availability, and constraints of the Scottish climate) may influence the final output.
4. The Highland Weather & Drone Policy
4.1 Adverse Weather Strategy
Given the highly unpredictable nature of the climate in the Scottish Highlands, outdoor photography, hospitality exterior sessions, and aerial media are heavily weather-dependent. The Photographer monitors local forecasts continuously leading up to a scheduled assignment.
- Interior Operations: Unless road access is rendered unsafe by extreme weather, interior photography sessions (such as holiday let, cafe, or restaurant interiors) will proceed as scheduled regardless of external conditions.
- Exterior & Aerial Operations: If heavy rain, high winds, poor visibility, or low cloud cover prevents successful exterior media or violates Civil Aviation Authority (CAA) legal safety limits for aerial drone operations, the following options apply:
- The Photographer will complete all interior work as planned and arrange a mutually convenient secondary date to capture outstanding exterior or drone elements.
- Alternatively, the entire session can be rescheduled to the next available clear date at no additional fee to the Client, provided the decision is made in consultation at least 24 hours prior to travel.
- On-Site Postponement: If the Photographer arrives on-site and sudden, unexpected weather prevents safe operation (especially drone flights), the Photographer will maximise interior options. If a return visit is essential solely due to weather deterioration on-site the following protocol applies:
- Within 30 miles of Roshven: the Photographer will head back out on the next clear day to finish the exterior work at no extra cost.
- Beyond 30 miles: The Photographer will postpone the entire shoot to the next mutually available date, completely free of charge.
5. Rescheduling & Cancellations (Client-Initiated)
- If the Client wishes to cancel or reschedule for reasons unrelated to weather (e.g., property preparation delays, scheduling conflicts), a minimum of 48 hours’ notice must be given.
- Cancellations or structural schedule shifts made by the Client with less than 48 hours' notice may incur a cancellation charge equivalent to 25% of the total booking value to cover lost availability.
6. Property Presentation & Site Access
- The Client is entirely responsible for ensuring the property, holiday let, or commercial hospitality venue is clean, staged, styled, and ready for photography at the agreed start time.
- The Photographer is commissioned to capture the venue as presented. Extensive digital alterations or object removal in post-production to remedy poor on-site preparation may incur additional technical editing fees.
7. Copyright, Licensing & Usage Rights
- In accordance with the Copyright, Designs and Patents Act 1988, the copyright of all media generated remains exclusively with David Morley / Highland Croft Media.
- Upon receipt of full payment, the Client is granted a non-exclusive, perpetual, royalty-free licence to use the media for marketing, social media reels, website promotion, online booking channels (e.g., Airbnb, Booking.com), and print brochures relating directly to the specified business or property.
- The Client may not resell, sub-license, or transfer the media to third-party commercial entities without express written consent from the Photographer.
8. Liability & Indemnity
- Highland Croft Media maintains comprehensive Public Liability Insurance and specific commercial drone operator indemnity coverage.
- In the highly unlikely event of total equipment failure, media corruption, or circumstances beyond control that prevent delivery of the work, the Photographer’s liability is strictly limited to a full refund of any monies paid by the Client for that specific assignment.
9. Governing Law
- These Terms and Conditions are governed by and construed in accordance with the laws of Scotland, and both parties submit to the exclusive jurisdiction of the Scottish courts.