Terms & Conditions – Real Estate Media Services

Last updated: 11/11/2025

Business Name: Pete Kirby Photography (PKP)

Contact: pete@petekirbyphotography.co.uk Tel- 07955267099

⸻

1. Services Provided

1.1 I provide professional real estate photography, videography (including drone footage), floorplans, and EPC assessments for property marketing purposes.

1.2 The specific services, fees, and delivery times will be confirmed in writing at the time of booking.

1.3 Any additional requests or changes must be agreed in writing before the shoot.

⸻

2. Copyright & Ownership

2.1 All copyright and intellectual property rights in the photographs, videos, floorplans, and any other media (“the Works”) remain the sole property of PKP.

2.2 No ownership or copyright is transferred to the client under any circumstances.

2.3 The client receives a limited licence (see below) to use the Works for agreed purposes once full payment is received.

⸻

3. Licence to Use

3.1 Upon full payment, a non-exclusive, non-transferable licence is granted to the estate agent or client to use the Works solely for marketing the specific property for sale or rent.

3.2 The licence:

• Permits use on property portals (Rightmove, Zoopla, OnTheMarket, etc.), the client’s website, social media, and printed brochures.

• Expires automatically when the property is sold, let, or withdrawn.

• Cannot be transferred to another party (including vendors, developers, or other agents) without written consent.

• Does not permit editing, cropping, or removal of any copyright or watermark without prior approval.

3.3 Any additional use (e.g. company advertising, long-term branding, or re-licensing) will require a separate written agreement and may incur further fees.

⸻

4. Drone Operations

4.1 Drone flights will only take place where legal and safe under UK Civil Aviation Authority (CAA) regulations.

4.2 Drone operations may be postponed or cancelled if weather, location restrictions, or safety conditions prevent safe flight.

4.3 Where drone footage cannot be completed for regulatory or safety reasons, no liability shall be accepted beyond the cost of that specific service.

⸻

5. Floorplans & EPC Assessments

5.1 Floorplans are for illustration and marketing purposes only and are not guaranteed to be accurate to scale.

5.2 EPCs are carried out by qualified, accredited Domestic Energy Assessors in accordance with government standards.

5.3 The photographer accepts no liability for reliance on floorplans or EPC data beyond their intended marketing or statutory use.

⸻

6. Fees & Payment

6.1 All prices are quoted in GBP and may be subject to VAT.

6.2 Payment is due within 14 days of invoice unless otherwise agreed.

6.3 The photographer reserves the right to withhold delivery of the Works until full payment has been received.

⸻

7. Cancellations & Postponements

7.1 If a shoot is cancelled by the client within 24 of the agreed time, a cancellation fee may apply (20% of fee).

7.2 In cases of poor weather, illness, or unforeseen circumstances, the photographer will make reasonable efforts to reschedule at no extra charge.

7.3 If rescheduling is not possible, the client will only be charged for any work already carried out.

⸻

8. Client Responsibilities

8.1 The client must ensure the property is ready, clean, and accessible at the agreed time.

8.2 The client is responsible for obtaining permission from property owners or occupiers to allow photography, filming, or drone use on or over the property.

⸻

9. Liability

9.1 The photographer will exercise reasonable care and skill but shall not be liable for any indirect or consequential loss or damage.

9.2 Liability is limited to the total amount paid for the services provided.

9.3 The client agrees to indemnify the photographer against any claims arising from misuse or unauthorised use of the Works.

⸻

10. Use for Portfolio and Marketing

10.1 The photographer reserves the right to use selected images or video clips for portfolio, social media, and marketing purposes unless the client specifically requests otherwise in writing before the shoot.

⸻

11. Governing Law

11.1 These Terms and any related agreements shall be governed by and construed in accordance with the laws of England and Wales.

11.2 Any disputes shall be subject to the exclusive jurisdiction of the English courts.

Further reading/information

These terms and conditions are inclusive, but not limited to, the details that can be found at the following sources:

- The Business Protection from Misleading Marketing Regulations 2008

- The Consumer Protection from Unfair Trading Regulations 2008

- Copyright Notice: digital images, photographs and the internet

- Copyright Notice: Assignment of copyright

- The Association of Photographers - copyright FAQs​​​​​​​

⸻

✅ By confirming a booking or accepting delivery of the Works, you agree to these Terms & Conditions.