1. Copyright and Licensing

  • Ownership: Under the Copyright Act 1968 (Cth), photographers legally own the copyright to all images and media they produce.

  • Single-Use License: Payment covers a single-use, non-transferable license to market the property during its current sales or rental campaign.

  • Third-Party Usage: Agents cannot share, sell, or pass on images to third parties (e.g., builders, stagers, architects) without purchasing a separate commercial license.

  • Re-listing: If the property is withdrawn or listed with a new agency, the images cannot be transferred or reused without re-licensing.

  • Portfolio Rights: The photographer retains the right to use the media for their own social media, website, and promotional portfolio

2. Client Responsibilities and Access

  • Property Preparation: Properties should be "photography ready" (cleaned, de-cluttered, and styled) prior to the photographer's arrival. Photographers shoot the property "as is" and generally do not take liability for moving heavy furniture or deep cleaning.

  • No Staging by Photographer: Photographers do not move furniture, clean surfaces, or stage rooms. The photographer is not liable for the aesthetic presentation of unready areas. 

  • Exclusive Access: No other trades (cleaners, pest control, open houses) should be present during the shoot time to avoid delays or safety hazards

  • Agent Attendance: It is recommended (and often required) that the agent or homeowner is on-site to approve shots and guide the photographer on specific selling points.

3. Payments, Delivery and Cancellations

  • Payment Terms: Payment timelines are explicitly set (e.g., payment due on invoice, prior to media delivery, or within 14 days).

  • Licence Activation: The marketing licence is contingent on payment. Using images on marketing portals before settling the invoice constitutes a breach of copyright.

  • Late Fees: Overdue balances may attract interest charges or automatic administrative fees.

  • Cancellation/Rescheduling Fees: Cancellations made within a short window (e.g., 24 hours) may incur a specific fee to cover lost time and booking slots.

  • Weather Policy: In the event of severe weather (heavy rain, storms), outdoor and drone shoots may be rescheduled at no extra charge, or internal photos will be completed as planned

  • Invoicing: Standard terms require payment within 14 days of the invoice or digital delivery. Payment agreement is between the agency and the photographer and not the vendor. If the vendor seeks an alternative photographer or decides to withdraw or relist with another agent after a job is completed, the Agent is still obligated to pay for the scope of work completed.

‍ ‍4. Media Delivery and Revisions

  • Turnaround Times: Standard delivery timeframes are as follows - (e.g., photos delivered by the next business day; videos or floor plans within 2 business days).

  • Delivery Formats: Media is delivered as follows - (e.g., via digital download links providing web-optimized and high-resolution files).

  • Revisions and Approvals: The client must review the media and request any standard edits within a set timeframe (e.g., 5 business days). One round of standard editing is typically included. Further editing will incur a fee.

  • Floor Plan Disclaimer: All Floorplans are an approximate measurements for artistic marketing purposes only and are not legally binding architectural blueprints. 

‍ ‍5. Liability, Safety, and Indemnity

  • Safety Rights: The photographer reserves the right to stop work or leave the premises immediately if conditions are hazardous, unsafe, or hostile.

  • Limitation of Liability: The photographer is not liable for indirect damages, lost profits, or legal claims arising from the publication of the marketing material.

  • Force Majeure: Neither party is held responsible for delays or cancellations caused by acts of God, extreme weather events, or medical emergencies.