Terms & Conditions

1. Definitions & Interpretation

In these Terms & Conditions the following definitions apply unless the context requires otherwise:

• "Photographer" means Matthew Evans, trading as The Property Photo Guy, whose registered business address is Pure Offices, Pastures Avenue, Weston-super-Mare, BS22 7SB.
• "Client" means the individual, company, partnership, or other entity that commissions the Photographer to provide Services.
• "Services" means the provision of still photographic imagery, including but not limited to interior photography, exterior photography, aerial/drone photography, and any associated editing, retouching, or post-production work.
• "Images" means all still photographs, whether in digital or physical form, produced by the Photographer in the course of providing the Services.
• "Licence" means the non-exclusive right to use the Images as set out in clause 4.
• "Fee" means the total amount payable by the Client for the Services as agreed in writing or as set out on the Photographer's website.

2. Formation of Contract

2.1  A binding contract is formed when the Client confirms a booking in writing (including by email, text message, or through the website contact form) and the Photographer confirms acceptance. Verbal agreements are not binding until confirmed in writing.

2.2  These Terms apply to all Services provided by the Photographer and take precedence over any terms proposed by the Client unless expressly agreed otherwise in writing.

2.3  The Client warrants that they have the authority to enter into this agreement and, where acting on behalf of a company or third party, that they are duly authorised to do so.

3. Copyright & Intellectual Property

3.1  In accordance with the Copyright, Designs and Patents Act 1988, copyright in all Images remains with the Photographer at all times. No transfer or assignment of copyright is made or implied by the provision of the Services or the granting of a Licence.

3.2  The Photographer retains the right to be identified as the author of the Images in accordance with sections 77–79 of the Copyright, Designs and Patents Act 1988 (the "moral rights" provisions).

3.3  The Client shall not remove, alter, or obscure any metadata, watermark, or copyright notice embedded in or applied to the Images without the Photographer's prior written consent.

3.4  Any use of the Images beyond the scope of the Licence granted under clause 4 constitutes an infringement of the Photographer's copyright and may result in legal action and a claim for damages.

4. Licence to Use Images

4.1  Upon receipt of the full Fee, the Photographer grants the Client a non-exclusive, perpetual, worldwide Licence to use the Images for the following purposes:

• Marketing and sale of the specific property or properties photographed, including use on property portals (e.g. Rightmove, Zoopla, OnTheMarket), estate agency websites, printed brochures, window displays, and social media.
• Internal business use such as presentations, reports, and records.

4.2  The Licence does not include the right to:

• Sub-licence, sell, or distribute the Images to any third party for use unrelated to the property photographed.
• Use the Images for stock photography or in any context that implies the Photographer endorses a product or service.
• Alter, manipulate, or create derivative works from the Images (other than reasonable cropping or resizing for layout purposes) without the Photographer's written consent.

4.3  Where the Client is an estate agent or property professional acting on behalf of a property owner, the Licence extends to the property owner for the purposes described in clause 4.1 only.

4.4  The Photographer reserves the right to use all Images for their own marketing, portfolio, website, social media, competitions, and editorial purposes.

5. Fees & Payment

5.1  The Fee for the Services shall be as quoted on the Photographer's website or as agreed in writing prior to the shoot. All prices are quoted in pounds sterling (GBP) and are inclusive of VAT where applicable.

5.2  Payment is due within 14 days of the date of invoice unless otherwise agreed. The Photographer reserves the right to require payment in advance or a deposit at the time of booking.

5.3  Images will not be delivered until the Fee has been paid in full. The Licence granted under clause 4 does not take effect until full payment has been received.

5.4  Late payments shall incur interest at the rate of 4% above the Bank of England base rate, calculated daily from the due date until the date of actual payment, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

5.5  Travel within 30 miles of Weston-super-Mare is included in all standard packages. Beyond that radius, a mileage charge of 45p per mile applies and will be confirmed before booking.

6. Cancellation & Rescheduling

6.1  The Client may cancel or reschedule a confirmed booking by giving at least 48 hours' written notice before the scheduled shoot date at no charge.

6.2  Cancellations made with less than 48 hours' notice may be subject to a cancellation fee of up to 50% of the agreed Fee to cover lost time and opportunity.

6.3  The Photographer reserves the right to reschedule a shoot due to adverse weather conditions (particularly where drone/aerial photography is involved) or other circumstances beyond reasonable control. In such cases, the Photographer will offer the earliest available alternative date at no additional cost.

6.4  Where the Client is a consumer (as defined by the Consumer Rights Act 2015), statutory cancellation rights apply. The Client has the right to cancel within 14 days of entering the contract without giving a reason. However, if the Client has requested that the Services begin within the cancellation period and the Services have been fully performed, the right to cancel is lost.

7. The Shoot

7.1  The Client shall ensure that the property is accessible, adequately prepared, and available for photography at the agreed time. The Photographer is not responsible for the condition or presentation of the property.

7.2  The Client shall obtain any necessary permissions for the Photographer to access and photograph the property, including consent from occupants, tenants, or landlords as appropriate.

7.3  The Photographer will use reasonable skill and care in providing the Services but does not guarantee specific results, compositions, or that every room or feature of the property will be photographed unless expressly agreed in advance.

7.4  The Photographer may use professional techniques including HDR blending, perspective correction, colour grading, and sky replacement as part of standard editing. These techniques are considered industry standard for property photography and do not constitute misrepresentation.

8. Delivery & Image Retention

8.1  Edited Images will be delivered digitally (typically via an online gallery or file transfer) within 48 hours of the shoot as standard. Express 24-hour delivery is available for an additional fee of £50.

8.2  The Photographer will retain copies of all delivered Images for a minimum period of 12 months from the date of delivery. After this period, the Photographer may delete the Images without notice. The Client is responsible for maintaining their own backups.

8.3  Raw (unedited) image files are not included in the Services and will not be provided to the Client under any circumstances.

9. Drone / Aerial Photography

9.1  Where drone/aerial photography is included, the Photographer holds a valid Civil Aviation Authority (CAA) Flyer ID and Operator ID and operates in accordance with the UK Drone Code and the Air Navigation Order 2016 (as amended).

9.2  Drone flights are subject to weather conditions, airspace restrictions, and site-specific safety assessments. The Photographer reserves the right to cancel or modify drone operations on the day of the shoot if conditions are deemed unsafe or if regulatory requirements cannot be met. No refund or discount will be given for drone elements that cannot be completed due to factors outside the Photographer's control, although the Photographer will make reasonable efforts to reschedule the aerial component.

9.3  The Client shall inform the Photographer of any known airspace restrictions, nearby airports or helipads, overhead cables, or other hazards at the property location prior to the shoot.

10. Liability & Indemnity

10.1  The Photographer carries public liability insurance and professional indemnity insurance appropriate to the Services provided.

10.2  The Photographer's total liability under or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the Fee paid by the Client for the specific Services giving rise to the claim.

10.3  The Photographer shall not be liable for any indirect, consequential, or special loss, including but not limited to loss of profit, loss of business, loss of opportunity, or loss of goodwill, howsoever arising.

10.4  Nothing in these Terms excludes or limits the Photographer's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

10.5  The Client shall indemnify the Photographer against all claims, costs, and expenses arising from the Client's use of the Images outside the scope of the Licence granted under clause 4, or from any breach of these Terms by the Client.

11. Data Protection & Privacy

11.1  The Photographer processes personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

11.2  Personal data collected from the Client (such as name, email address, telephone number, and property address) is processed for the purposes of providing the Services, managing bookings, issuing invoices, and communicating about the Services. The lawful basis for this processing is the performance of a contract (Article 6(1)(b) UK GDPR).

11.3  The Photographer will not share the Client's personal data with third parties except where necessary to provide the Services (e.g. file delivery platforms) or where required by law.

11.4  Images of properties may incidentally capture personal items, vehicles, or other identifiable information. The Client is responsible for ensuring that the property is prepared to their satisfaction before the shoot. The Photographer will use reasonable efforts to avoid capturing sensitive personal information but accepts no liability for incidental inclusion.

11.5  The Client has the right to request access to, correction of, or deletion of their personal data by contacting the Photographer at [email protected].

11.6  For full details on how we collect, use, and protect your data, including information about cookies and affiliate links, please see our Privacy & Cookie Policy.

12. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations under this agreement where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to severe weather, natural disaster, pandemic, government restrictions, civil unrest, or failure of telecommunications networks. The affected party shall notify the other party as soon as reasonably practicable and shall use reasonable endeavours to mitigate the effect of the force majeure event.

13. Complaints & Disputes

13.1  If the Client is dissatisfied with any aspect of the Services, they should notify the Photographer in writing within 7 days of delivery of the Images. The Photographer will use reasonable endeavours to address the complaint, which may include re-editing or, at the Photographer's discretion, offering a partial re-shoot.

13.2  In the event of a dispute that cannot be resolved informally, the parties agree to attempt mediation before commencing any legal proceedings. Mediation shall be conducted in accordance with the CEDR (Centre for Effective Dispute Resolution) Model Mediation Procedure.

14. Governing Law & Jurisdiction

14.1  These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales.

14.2  The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.

15. General

15.1  If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

15.2  A waiver of any right or remedy under these Terms is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

15.3  These Terms constitute the entire agreement between the parties in relation to the Services and supersede all previous agreements, understandings, and arrangements between the parties, whether written or oral.

15.4  The Photographer reserves the right to update these Terms from time to time. The version in effect at the time of booking shall apply to that booking.