Terms & Conditions - Effective OCT 2026

1. Booking & Payment Terms

1.1 Non-Account Clients

• Upfront Payment: Full payment via our online booking portal is required at the time of booking or upon acceptance of a provided quote to confirm your service reservation. Unconfirmed bookings will not be scheduled.

1.2 Account Clients

• Invoicing: Invoices fall due two (2) business days prior to the scheduled service date. Unpaid invoices will result in automatic cancellation of tentative booking reservations.

• Account Standing: To maintain our 24-hour turnaround commitment, clients must maintain a zero balance. If an invoice remains unpaid on the due date, services will be paused and images will be withheld.

• Overdue Accounts:

  • Invoices that remain unpaid past seven (7) days incur an administration fee of 10%, compounding every seven (7) days thereafter to cover ongoing administration.

  • Accounts unpaid after 60 days will be referred to external debt collection agencies. The Client agrees to pay all collection, legal, and recovery fees incurred.

  • Repeated late payments will result in revocation of invoice privileges and refusal of future services.

1.3 Deposits for Events & Corporate Services

• Event and corporate bookings require a non-refundable deposit or strict adherence to agreed payment terms as detailed on the invoice. Unpaid reservations will be cancelled prior to the event date.

2. Cancellations, Access & Rescheduling

2.1 Cancellations & Refunds

• Client Cancellations: Cancellations made more than 24 hours prior to the scheduled booking receive a refund less a 20% administration fee. Cancellations within 24 hours of the scheduled booking incur a 50% cancellation fee.

• Post-Delivery: No refunds are issued once the photography service has been executed and files have been delivered.

• Repeated Cancellations: Multiple last-minute cancellations for the same property, project or event will result in immediate termination and refusal of service.

2.2 Site Access & Property Readiness

• Property Access: If the photographer cannot access the property on arrival (eg: due to key issues, lockout, or refusal of entry by tenants/occupiers), the session will be canceled and charged a 50% fee to cover time lost. A new booking will be required to re-attend.

• Staging & Cleaning: Properties are photographed as presented upon arrival. The Photographer is not responsible for cleaning, moving items, or staging unless these services are explicitly booked in advance.

• Session Duration: Standard property packages include up to 45 minutes on-site. This is typical of an average 3 to 4 bedroom home with 1 bathroom and no exterior structures (pool, granny flat, workshop, extensive landscaping etc). Additional time can be selected at the time of booking but cannot be requested during the session due to high demand for our services.

2.3 Adverse Weather & Safety

• Rescheduling: In the event of severe rain or unsafe weather, you may reschedule to the next available slot at no additional charge.

• Client Request to Proceed: If you instruct us to proceed during adverse weather, work will be completed only to the extent safely possible. Exterior and drone photography may be forfeited due to electrical and physical hazards. No refunds or discounts are granted for uncaptured assets under these conditions. Subsequent return visits to capture missed exterior/drone shots will incur standard re-attendance fees.

3. Copyright & Image Licensing

3.1 Ownership

• Copyright Retention: In accordance with the Australian Copyright Act 1968, That Emerald Photographer retains full, exclusive copyright in all captured images, video, floor plans, and digital assets.

• Raw Files: RAW/unedited files are strictly proprietary assets and will not be supplied under any circumstances.

3.2 Real Estate Marketing License (Limited & Non-Transferable)

• Scope of Use: Real estate photography is supplied under a temporary, non-transferable, single-agency marketing license solely for marketing the residential property for sale or lease.

• Expiration & Transfer Restrictions:

  • The license expires automatically upon settlement/sale or listing termination.

  • Images may not be resold, sub-licensed, transferred, or assigned to buyers, vendors, new agents, or third parties (e.g., builders, stagers, architects).

  • Images may not be used for ongoing commercial display, short-term accommodation (e.g., Airbnb, Stayz),or commercial hotel marketing without purchasing an extended commercial licence.

• Data Destruction: Upon licence expiry, stored local copies of the images held by the agent or vendor must be deleted. Unlicensed usage will result in copyright enforcement, takedown notices, and legal action.

3.3 Commercial Photography & Event Rights

• Commercial Use: Commercial photography is subject to an executed Commercial License Agreement outlining specific media channels, regions, and duration.

• Event Photography: That Emerald Photographer reserves the right to sell individual print/digital media directly to event attendees. Event organizers may not on-sell, distribute, or license provided images to third parties without prior written consent.

• Promotional Right: That Emerald Photographer reserves the right to use all captured images for business promotion, portfolio, social media, and marketing purposes, as well as third-party licensing at its sole discretion.

4. Floor Plans & Drone Services

• Floor Plans: Standard floor plan rates cover the main residential building only. Detached structures (sheds, workshops, granny flats, studios) require an add-on fee and must be requested prior to attendance.

• Drone (Aerial) Services: Operations are strictly governed by Civil Aviation Safety Authority (CASA) regulations. Drone flights are subject to weather, airspace restrictions, and safety risks. If drone capture is unavailable, alternative interior/exterior images will be provided where possible.

5. Digital Object Removal & Virtual Editing

5.1 Permitted vs. Prohibited Editing

• Permitted Alterations: Digital decluttering covers temporary, non-structural items only (e.g., clutter, photographs, pet bowls, bins, temporary vehicles, generic wall art).

• Prohibited Alterations: In compliance with the Australian Consumer Law (ACL) regarding misleading and deceptive conduct, we strictly refuse requests to remove or alter permanent fixtures, damaged landscaping, structural defects, power lines, neighbouring buildings, views, or legal easements.

5.2 Artistic Discretion & Variations

• Digital editing involves synthetic texture replication. The Client acknowledges that minor variations in lighting, texture, and alignment may occur compared to physical reality. Final artistic judgment rests with the Photographer.

5.3 Proofing & Revisions

• Watermarks: Proof edits may feature protective watermarks. Removing, cropping, or publicly displaying watermarked proofs is illegal and strictly prohibited.

• Review Window: Clients must inspect edited files within three (3) business days of delivery. Packages include one (1) round of minor revisions to correct blending or editing artefacts within the original brief. Additional object removal requests will incur separate fees.

5.4 Client Indemnity & Liability Limit

• Indemnification: The Client accepts full legal responsibility for advertising compliance and agrees to indemnify and hold harmless That Emerald Photographer against all claims, lawsuits, penalties, or regulatory actions (including ACCC claims) arising from the publication of edited images.

• Limitation of Liability: To the maximum extent permitted by law, the Photographer's total liability for any service failure, error, or breach is strictly limited to a refund of the fee paid for that specific individual image or service asset.