Terms and Conditions. Updated July 7 2018.
“Material” means images, floor plan, video or any other item supplied by us.
“Us” or “we” or “our” means “Property Shoots Australia” ABN 58 719 903 921
“You” or “Client” means the Agency, Agent, Vendor, or entity as shown on an invoice.
By engaging the services of Property Shoots Australia, you hereby agree to comply with all the terms and conditions as set out on this page. All customers, clients and end users are subject to these terms. Image license agreement between Property Shoots Australia (ABN 58 719 903 921) and the contracting client, including clients of the contracting client.
Copyright
All material supplied or produced by us is copyrighted. Material may not be on-sold, sub leased, or given to any 3rd party commercial or non-commercial entities without written permission. Fees apply depending on usage as set out in section 4 “Unauthorised Image Usage”
Property Shoots Australia certifies that it is entitled to all commercial rights pertaining to the photographs.
The photographs are protected by the laws on royalty and copyright. You are therefore under the
obligation to use the photographs like any other protected product.
Any representation or reproduction, complete or partial, carried out without the consent of Property Shoots Australia may be considered a breach of contract.
Vendors are entitled to keep images for personal use only and must not reproduce, resell or redistribute those images for commercial purposes or for marketing use with another selling agent or marketing company.
Contract
All photography bookings are a direct contract between Property Shoots Australia and the company booking the job such as the advertising agency or listing agent. The vendor, tenant, investor or any associated person(s) have no involvement in the contract between Property Shoots Australia and the listing agent. Furthermore they hold no rights over any images unless specifically requested.
Licence
Upon full settlement as per the terms on the invoice the client is granted a licence which entitles the client (or their appointed real estate agent if engaged directly by the property owner) to use the material for the purpose marketing of a property for sale or rent, for a time limit based on the life of the property listing with the current contracting client (real estate agent). The Licence cannot be transferred to another party without permission in writing from Property Shots Australia. Re-licence fees may apply. The licence is automatically revoked if the client is placed into receivership or liquidation.
The granting of this license does not imply a transfer of ownership.
Unauthorised Image Usage
Property Shoots Australia hold copyright to all images, floor plans, renders and graphics produced by any member of the Property Shoots Australia team. All images are provided to clients under license only.
Any individual, company, corporation or entity using Property Shoots Australia images without proper written authorisation may be liable to costs associated with copyright, damages, loss of business and defamation of our brand. In addition, images found being used in an unauthorised capacity will be subject to full copyright fees as set out below
- Image re-license fees per image – Prices range from $200 – $550 inc GST, depending on image and are subject to approval. Full images sets can only be re-licensed as a full set with approval and the price is decided upon by Property Shoots Australia.
- Image infringement, copyright and ownership transfer prices range based on the image, circulation and usage average price $500 – $2,000 per image.
- Any unauthorised usage maybe perused via legal representation of whom Property Shoots Australia appoint as their legal representative and in accordance with the Australian Copyright Act 2006, including any related state and federal laws.
Distribution and Archival of Images
Property Shoots Australia will provide the images for your use via a Dropbox download link,which will be emailed to you. This link will be available to you for 14 days. Processed images are stored for archival purposes in some cases, but this cannot be guaranteed. No claim will be made against Property Shoots Australia for the loss of these images after the initial 14 day download period. Archive fees may apply for retrieval of images after a 60 day period if archived.
Promotional Use
Property Shoots Australia retain the right to use images for any means or purpose, including self-promotion and marketing.
Client’s materials
The Client accepts full responsibility for any materials that they supply for use in the images and that the materials are adequately insured against loss, damage or liability. Property Shoots Australia will not be liable for any damages arising from images taken that contain any items of copyright. illegal activity or any objects, as defined by Australian law.
Travel
Fees may apply for travel outside agreed areas.
Payment
Full payment by the client will be required either before photos are released or as otherwise stipulated on the Invoice or via a separate payment agreement. Failure to pay within the agreed time frame will result in a breach of Copyright. A late fee will apply for payments not received by the due date. If the client does not pay the invoice and late fee, then the client acknowledges that a debt collection agency will be engaged to recover the invoice and late fee amount. The client acknowledges that they will additionally be responsible for the debt collection agency fees.
Indemnity
Property Shoots Australia shall not be liable for any legal action, claim, or damages resulting from or arising out of the publication of the images or other use by the client. The client shall indemnify Property Shoots Australia against any claims and/or damages as a result of the client’s use of the images.
Client Approval
If the client is not present or represented by an agent during the photography shoot then interpretation of the assignment by Property Shoots Australia will be accepted. Reshoot fees apply for a 2nd visit to the property. There may also be additional fees for key collection if the client or agent is not present.
Client Confidentiality
Property Shoots Australia treats and respects any information the client provides as strictly confidential and shall not be sold or traded to any third party.
Client Responsibilities
It is the client’s responsibility to ensure the tidiness of the commissioned assignment and to ensure the property is ready for photographing and that the property is presented to its full potential. We accept no responsibility for the tidying, cleaning, moving, changing and preparation of any items. It is the clients responsibility to check on the appropriate laws relating to the publication of these photographs. The party which has ordered these photographs agrees to assume all legal liabilities relating to the publication of these photographs.
Floor plans –
Whilst every attempt has been made to ensure the accuracy of any floor plans, all measurements shown or implied are approximate and no responsibility is taken for any error, or omission, nor is any warranty given. Kitchen, bathrooms, appliances, fixtures, fittings or any other items shown are representative only, and do not necessarily match what is in the property. Different levels may not align correctly. These plans are for illustrative purposes only and should be used as such.
Virtual Furniture –
Whilst every attempt has been made to ensure any virtual furniture is to size and scale, all virtual furniture shown or implied are approximate only in sizing and scale and no responsibility is taken for any error, or omission, nor is any warranty given. Virtual furniture is for illustrative purposes only and should be used as such.
Additonal Services
Additional Services are add-ons to a fully booked photo shoot. They are an editing service to be added on after a paid photo shoot has been completed.
Cancellation Fee –
Cancellation fees apply with less than 24 hours of notice to cancel or change a booking.
Weather –
In severe weather conditions, and at our discretion, we may cancel a shoot. Cloudy or light rain is not considered severe, and we will continue to shoot under these conditions. If you require perfect weather for the shoot, extra fees may apply, and must be noted at the time of booking.
*These terms and conditions may be varied without notice at any time.
Thank you for choosing Property Shoots Australia. Your business is greatly appreciated!
