TERMS & CONDITIONS
241Photography
These Terms & Conditions apply to services supplied by 241Photography, a partnership based in Plymouth, Devon.
By booking or instructing 241Photography to carry out work, the Client agrees to these Terms & Conditions.
In these terms, “241Photography”, “we”, “us” and “our” means 241Photography and the photographers or other persons working on its behalf. “Client” means the person or organisation commissioning the work.
1. OUR SERVICES
241Photography provides property photography and media services including:
- Property photography
- Property video
- Matterport 3D virtual tours
- Floorplans
- Drone photography and video
- Virtual staging
- Energy Performance Certificates (EPCs)
- Other related property media services agreed with the Client
The exact services supplied will be those agreed when the booking is made.
2. BOOKINGS
A booking is considered confirmed once it has been accepted by 241Photography.
The Client is responsible for providing accurate information regarding the property, its location, the services required and any special requirements that may affect the assignment.
If there are particular photographs, features, views, rooms or other requirements that must be included, these should be made clear before or at the start of the appointment.
Where no specific instructions are provided, our photographers will use their professional judgement to decide how best to photograph or record the property.
3. PROPERTY ACCESS
The Client is responsible for ensuring that we can gain access to the property at the agreed appointment time.
Where keys, key safes, alarm codes or access instructions are provided, the Client is responsible for ensuring they are accurate and that we have permission to use them.
We will take reasonable care when accessing and securing a property.
If we are unable to gain access, or an appointment cannot proceed because access arrangements supplied to us are incorrect or incomplete, the appointment may be treated as an aborted visit and the cancellation / aborted visit fee may apply.
4. PREPARING THE PROPERTY
The property should be ready to photograph when we arrive.
Responsibility for cleaning, tidying, dressing and preparing the property rests with the Client, property owner or occupier.
We may make small adjustments where practical, such as moving a bin, tea towel or other minor item, but our photographers are not responsible for cleaning or staging the property.
For safety and insurance reasons we will not normally move furniture, heavy objects or personal belongings.
Items that the Client does not want photographed should be removed or hidden before we arrive.
Unless otherwise agreed, we will photograph the property substantially as it is presented to us.
5. OCCUPIED PROPERTIES, CHILDREN & PETS
Our photographers need a reasonably clear and safe environment in which to work.
Pets should be kept under control and, where possible, away from the area being photographed.
We will not knowingly remain alone in a property with an unaccompanied person under the age of 18.
If a photographer considers a situation unsafe or unsuitable, they may pause or terminate the appointment.
Where an appointment cannot reasonably continue because of circumstances at the property outside our control, the cancellation / aborted visit fee may apply.
6. PHOTOGRAPHIC STYLE
241Photography photographs and edits properties in our established style.
The Client acknowledges that photography and editing involve professional and creative judgement.
Examples of our work are available throughout our website and portfolio and should be considered representative of our general photographic style.
Reasonable corrections will be considered where an image contains an editing error or does not reflect what was agreed.
Additional editing requested after delivery, including significant object removal, alterations or work outside the original brief, may be chargeable.
7. DELIVERY
Unless otherwise agreed, we aim to deliver standard property photography by the next working day following the appointment.
Other services, including video, Matterport tours, floorplans, virtual staging and more complex editing, may require additional time.
Any delivery time given is an estimate unless we have expressly agreed a fixed deadline.
We will always make reasonable efforts to meet agreed timescales, but cannot be responsible for delays caused by circumstances outside our reasonable control.
8. COPYRIGHT & IMAGE LICENSING
Copyright and ownership of all photographs, videos and other copyright material created by 241Photography remains with 241Photography.
This licence includes use on the Client's website, property portals, printed particulars, brochures, social media and other advertising directly associated with that property.
Unless otherwise agreed in writing, the licence applies to the Client who commissioned the work and does not transfer copyright ownership.
Photographs, videos or other material may not be sold, transferred, supplied, sublicensed or otherwise made available for use by another estate agent, photographer, business or other third party without permission from 241Photography.
Where another estate agent, property owner, developer, publication or other third party wishes to use our material, a separate licence may be available by contacting 241Photography.
Any use of our photographs, videos or other material outside the licence granted under these terms requires prior permission from 241Photography.
9. OUR USE OF IMAGES
Unless we have agreed otherwise, 241Photography may use photographs and other media created during an assignment for our own portfolio, website, social media, advertising, awards, demonstrations and other promotional purposes.
We will use reasonable care not to publish material that unnecessarily identifies private individuals or displays obviously sensitive personal information.
If there is a particular reason why images from a property must not be used by us for promotional purposes, the Client should tell us.
10. PERSONAL ITEMS & PRIVACY
The Client or property owner is responsible for removing photographs, documents, personal information, valuables or other items they do not wish to appear in photographs, video or 3D tours.
This is particularly important with Matterport and other 360° services because substantially more of the property may be visible than in conventional photography.
Where we notice obvious personal or sensitive information we may avoid or obscure it where reasonably practical, but responsibility for preparing the property remains with the Client or occupier.
11. PRICES & PAYMENT
Prices will be those quoted, published or otherwise agreed at the time of booking.
Unless stated otherwise, additional services requested after the original booking may incur additional charges.
Regular account Clients will normally be invoiced on the payment terms agreed with 241Photography.
New Clients or private Clients may be asked to make payment or a deposit before the appointment or before final media is released.
Where payment becomes overdue, we reserve the right to suspend future bookings or delivery of outstanding work until the account is brought up to date.
For business-to-business invoices, statutory interest and recovery costs may be applied where legally permitted.
12. TRAVEL, PARKING & OTHER EXPENSES
Our normal service area covers Plymouth and the surrounding areas of Devon and Cornwall.
For assignments requiring significantly greater travel, a higher travel charge may apply.
Reasonable parking charges, tolls, ferries or other unavoidable expenses directly associated with an assignment may also be charged where applicable.
13. CANCELLATIONS & RESCHEDULING
We understand that property appointments sometimes need to change. Please give us as much notice as possible if an appointment needs to be cancelled or rescheduled.
This includes, for example, being unable to gain access, incorrect or unavailable keys, an occupier refusing access, or the property being unsuitable to enter safely.
We will apply cancellation charges reasonably and take the circumstances into account.
Nothing in these terms affects any statutory cancellation rights a consumer may have under UK law.
14. WEATHER
Property photography can usually proceed in most weather conditions.
Where appropriate, exterior photographs may be edited to improve skies or general presentation while maintaining a realistic result.
If the Client chooses to postpone an appointment because of weather when we are otherwise able to carry out the work, our normal cancellation or rescheduling terms may apply.
Drone operations and some exterior or twilight work are more weather-dependent and may need to be rescheduled for safety or operational reasons.
15. DRONE PHOTOGRAPHY & VIDEO
All drone operations are subject to weather, location, airspace restrictions, safety considerations and applicable UK aviation rules.
A drone flight will only take place where our operator considers it safe and lawful to do so.
We cannot guarantee that drone photography or video will be possible at every property, even where it has been booked in advance.
If conditions prevent safe or lawful operation, we may alter, postpone or cancel the drone element of an assignment.
The final decision on whether a flight can safely and legally take place rests with the drone operator.
16. PROPERTY VIDEO
Property videos are created and edited in the established 241Photography style unless a different brief has been agreed beforehand.
The selection and sequence of footage, camera movements, editing style and music are creative decisions made by 241Photography.
Where licensed music is included, its use is subject to the terms of the relevant music licence.
Reasonable corrections will be made where necessary, but substantial alterations or a different edit requested after completion may incur an additional fee.
17. MATTERPORT 3D TOURS
Matterport tours rely on third-party technology and hosting provided by Matterport.
At the end of the 12-month period, continued hosting can be renewed at the Client's expense at the rate applicable at that time.
If the Client does not wish to renew the hosting, the Matterport tour will be removed and may subsequently be permanently deleted. Once deleted, we cannot guarantee that the tour can be recovered without the property being scanned again.
The property should be suitably prepared before scanning begins because a 360° camera captures substantially more of each room than conventional photography.
Continued availability of a tour also depends upon Matterport's platform and services, which are outside our direct control.
18. FLOORPLANS
Floorplans supplied by 241Photography are intended for illustrative and property-marketing purposes only.
Although measurements are taken with appropriate measuring equipment and reasonable care is used when preparing plans, dimensions, floor areas and layouts are approximate.
Anyone relying on the dimensions or layout of a property for an important decision should carry out their own independent inspection and measurements.
We are not responsible for alterations made to a property after it has been measured or scanned.
19. VIRTUAL STAGING & DIGITAL ALTERATIONS
Virtual staging involves digitally adding furniture, furnishings or other visual elements to an image.
Virtually staged images are intended to demonstrate how a space could potentially look and should not be interpreted as showing items physically present at the property.
Where virtual staging or other substantial digital alteration is used, the Client is responsible for ensuring the resulting image is used appropriately and that any disclosure required by a property portal, advertising platform or applicable law is made.
We aim to retain the original architecture and significant features of the property unless a different alteration has specifically been requested.
20. ENERGY PERFORMANCE CERTIFICATES
Where EPC services are arranged through a third-party Domestic Energy Assessor, that assessment may be subject to the assessor's own terms and professional requirements.
An EPC appointment may take place separately from photography or other property-media appointments.
Where 241Photography provides EPC assessments directly, the assessment will be carried out in accordance with the applicable accreditation and regulatory requirements.
21. RESHOOTS & ADDITIONAL VISITS
If an additional visit is required because the property was not ready, access was unavailable, the Client changes the brief, alterations have subsequently been made to the property or new photographs are requested, the additional visit may be charged at our normal applicable rate.
If a reshoot is required because of an error by 241Photography, we will take reasonable steps to correct the issue without additional charge.
22. FILE STORAGE & ARCHIVING
Clients should download and securely store all delivered photographs, videos and other files.
File retention is provided as a convenience and should not be treated as a permanent backup service. We cannot guarantee that a particular file will remain available throughout the retention period in the event of circumstances outside our reasonable control, including storage failure or corruption.
Clients are responsible for maintaining their own copies and backups of supplied media.
The separate hosting arrangements for Matterport 3D tours are covered by the Matterport section of these terms.
23. CIRCUMSTANCES OUTSIDE OUR CONTROL
Occasionally an assignment may be affected by circumstances outside our reasonable control, including illness, severe weather, transport disruption, equipment failure, property access restrictions, unsafe conditions, legal restrictions or failure of third-party services.
Where this happens, we will take reasonable steps to minimise disruption and, where appropriate, rearrange the assignment or provide an alternative solution.
24. EQUIPMENT DAMAGE
Our photographers use professional photographic and video equipment in clients' properties.
Where our equipment is deliberately damaged, or damaged through the negligent actions of a person or uncontrolled animal at the property, we reserve the right to seek reasonable repair or replacement costs from the responsible party where legally appropriate.
25. LIABILITY
241Photography will provide its services with reasonable care and skill.
We are not responsible for matters outside the agreed scope of our services or for losses caused by inaccurate information, inadequate property preparation, access problems or other circumstances outside our reasonable control.
Nothing in these Terms & Conditions excludes or limits liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or a consumer's statutory rights.
Where the Client is acting in the course of a business, any limitation of liability will apply only to the extent permitted by law.
26. THIRD-PARTY SERVICES
Some services or elements of services may depend on third-party providers, software or platforms, including Matterport, property portals, cloud hosting, music licensing and other technology providers.
We cannot guarantee the continuous operation or availability of services controlled entirely by those third parties.
Where a separate third-party contract applies, we will make this clear where appropriate.
27. COMPLAINTS
If there is a problem with any service we have provided, please contact us as soon as reasonably possible and give us an opportunity to investigate and, where appropriate, correct it.
We would always prefer to resolve a genuine problem directly and fairly.
Nothing in these terms affects a Client's statutory rights.
28. CHANGES TO THESE TERMS
We may update these Terms & Conditions from time to time.
The terms applying to an assignment will normally be those in force when the booking is accepted, unless a change is required by law or subsequently agreed between us and the Client.
29. GOVERNING LAW
These Terms & Conditions are governed by the laws of England and Wales.
Nothing in this clause removes any rights a consumer may have regarding where legal proceedings can be brought.