TERMS AND CONDITIONS
These terms and conditions ("Terms") govern the provision of photography services ("Services") by Above And Beyond Creative, located in Perth, Western Australia, to you ("Client"). By engaging our Services, you agree to be bound by these Terms.
1. UNATTENDED SHOOTS In the event of unattended shoots where we are not meeting anyone at the property, we reserve the right to conduct the shoot at any time during the booked day, unless otherwise specified by you. It is essential to inform us promptly if circumstances change, such as if someone will be present at the property. Failure to notify us may result in shooting the property as is or rescheduling with a cancellation fee, at our discretion. Furthermore, if we are alone at the shoot, it is imperative that you answer your phone promptly. In case of triggering an alarm not previously disclosed, we will require the alarm code swiftly to avoid any disturbances. Failure to provide necessary information may result in additional charges if we need to return later.
2. PROPERTY DETAILS You are responsible for providing accurate details about the property, including its address, and any information that may affect the duration of the shoot or access to the property. This includes details regarding location, boundaries, access, alarm systems, and power status. You must also inform us of any specific shots required or features of the property that need to be highlighted.
3. HEALTH AND SAFETY You must notify us of any safety concerns, such as structural damage, hazardous materials, or potential threats from individuals or animals on the property. We reserve the right to leave if we feel threatened, and in such cases, you remain liable for the full cost of the shoot. Any subsequent bookings must ensure the property is vacant, with an additional cancellation fee applicable. We do not engage in unsafe activities and will not climb ladders, trees, or access roofs without proper safety measures.
4. PROPERTY ACCESS AND LIABILITY FOR EQUIPMENT DAMAGE As the engaging party, you are required to facilitate lawful entry to the property for our operations. Recognizing the potential for unforeseen incidents, it is imperative to delineate responsibilities clearly to avert misapprehensions. The stipulations below outline our shared obligations:
a) Liability for Negligence or Insufficient Access Preparation: Should damage to our equipment result directly from negligence or a failure to prepare appropriate access to the property (including, but not limited to, failure to alert us regarding existing hazards, secure animals, etc.), you shall bear responsibility for the resultant damages.
b) Handling of Accidental Damage: In instances where our equipment incurs accidental damage not directly attributable to negligence or access shortcomings (such as unintentional interactions leading to equipment damage by residents or animals), our initial recourse will be through our insurance coverage. Your cooperation will be required in these situations, including the provision of pertinent information for the processing of insurance claims.
c) Joint Responsibilities in Ambiguous Circumstances: In the event our equipment suffers damage under circumstances that do not distinctly align with the scenarios described above, or where there is a shared culpability, both parties commit to engage in dialogue and address the matter in a manner that is equitable and reasonable. This may include proportionate sharing of repair or replacement costs, as dictated by the specific situation.
d) Mutual Indemnification: Each party agrees to indemnify and hold harmless the other against any claims brought by third parties that arise from our operational presence on the property, excluding instances of flagrant negligence or deliberate misconduct by either party.
e) Insurance Obligations: Our organization maintains insurance coverage for our equipment and liability. It is advised that you possess a comprehensive general liability insurance policy to mitigate potential risks of damage or injury on the property.
5. ACCESS TO SERVICES You agree to provide access to power, water, air conditioning, and toilet facilities unless the property is tenanted.
6. COOPERATION DURING PHOTOGRAPHY SESSIONS
For the purpose of ensuring the highest quality of our photography and to protect our equipment, we require that areas being photographed are vacated by individuals, including agents, homeowners, tenants, and pets. This policy is in place to minimize distractions and potential risks, aiming for an efficient workflow and optimal photographic outcomes. We understand that situations may arise preventing immediate compliance; however, we value prompt communication to manage such instances together. Should the need to vacate be repeatedly ignored, additional fees may be assessed to cover the added complexity and time necessitated by such circumstances. Your cooperation and understanding help us maintain the quality of our services and the safety of all parties involved.
7. ADDITIONAL EXPENSES You agree to reimburse us for reasonable additional expenses incurred during the assignment, including specialized equipment hire, with prior discussion between both parties. Any reasonable parking fees that arise during the assignment will be charged accordingly.
8. ADDITIONAL TRAVEL Travel within the Perth metropolitan area is included. Any travel outside this area will incur additional charges at an hourly rate. We will advise you of these charges prior to the assignment.
9. ADDITIONAL PHOTOS Requests for additional photos will incur separate charges to cover increased time and editing costs.
10. ADDITIONAL TIME Additional time spent on or off-site may be charged at our hourly rate.
11. RETURNING TO THE PROPERTY No charge applies if we need to return due to missed shots. However, if the property was not ready, or access issues arise, a return charge will apply. Additionally, if certain areas were not photographed due to tenant or owner preferences, or if specific areas were not commonly photographed and we were not advised beforehand, a return charge may also apply.
12. Cancellation and Rescheduling Fees:
a) General Appointments:
o Cancellations or rescheduling with more than 12 hours’ notice: No charge.
o Cancellations or rescheduling with less than 12 hours but more than 2 hours’ notice: $50 cancellation fee.
o Cancellations or rescheduling with less than 2 hours’ notice: $100 cancellation fee.
b) Special Appointments (Twilight, Video):
o Cancellations or rescheduling with more than 12 hours’ notice: No charge.
o Cancellations or rescheduling with less than 12 hours but more than 2 hours’ notice: $75 cancellation fee.
o Cancellations or rescheduling with less than 2 hours’ notice: $150 cancellation fee.
c) No-Show and Inability to Access Property:
o If we arrive and cannot access the property or commence the shoot for reasons within the client's control, including due to tenant's or client's fault, $100 for general appointments, $150 for special appointments will be charged.
o Missed appointments without any prior notice will also be charged at $100 for general appointments, $150 for special appointments.
d) Late Arrival Policy:
o A grace period of up to 15 minutes is provided for late arrivals. Beyond this time, we will charge a waiting fee for the additional time spent on-site.
o Daytime Waiting Fee: $75 for every hour of waiting, charged in 15-minute increments.
o Twilight Waiting Fee: $100 for every hour of waiting, charged in 15-minute increments.
o If the delay significantly impacts our schedule, we reserve the right to leave the location. In such cases, the cancellation fee $100 for daytime appointments, $150 for twilight appointments will apply, in addition to a rescheduling fee equal to the original shoot fee.
o In instances where we must return to complete the shoot due to the client's late arrival, the full shoot fee may be charged again.
Please note that these policies aim to respect the time of both our clients and our photographers. We recommend clients to communicate any potential delays as early as possible to allow us to manage our schedule effectively.
e) Fault on Our Part:
o If the cancellation or rescheduling is due to our fault (e.g., equipment failure, staff unavailability), we will not charge a cancellation fee and will offer to reschedule at no additional cost.
f) Notes:
o Returning to the property for additional shoots due to reasons within the client's control will be considered a separate job and will incur full charges according to our Price List.
o We aim to be flexible and understanding in cases of emergency or unforeseen circumstances, evaluating such situations on a case-by-case basis.
13. ADDITIONAL EDITING Requests for additional editing will incur extra fees, particularly if the property was not prepared as per our guidelines.
14. OUTSOURCED WORK AND EQUIPMENT HIRE Additional costs for outsourced work or equipment hire will be communicated and agreed upon before proceeding. You are responsible for these costs, even if our fee is reduced.
15. TURNAROUND TIME AND DELIVERY OF MEDIA We aim to deliver floorplans and photos by 5 pm the next business day. Please note that in many cases, our turnaround time is quicker. However, urgent requests will incur a priority processing fee, charged at our discretion. Please be aware that videos may take longer, typically around 36 hours. We use Dropbox to deliver the final products to clients.
16. ACCEPTANCE Clients are required to notify us within 7 days if they deem the delivered materials unacceptable. Failure to provide notification within this timeframe may result in the requirement of full payment. In such instances, we commit to addressing any concerns promptly and professionally. Should the issue persist due to our oversight, we undertake to rectify it at no extra charge by either reediting or conducting a reshoot. However, if the concern arises from the client's actions or omissions, the full cost of a reshoot may be applicable, subject to case-by-case evaluation.
17. TECHNICAL SUPPORT We do not provide technical support beyond the scope of our services.
18. STORAGE OF MATERIALS Clients are required to download delivered materials within 7 days of receipt. After this period, we are not obligated to store materials.
19. PAYMENT TERMS For first-time clients or clients who are private individuals a 50% deposit is required upfront, with the remaining balance due before media delivery. Regular clients are expected to make full payment within 14 days from the invoice date. Late payments may incur additional fees or interest charges. Payment can be made via Electronic Funds Transfer (EFT) only.
20. LEGAL LIABILITY We do not warrant uninterrupted or error-free usage of our materials. You agree to indemnify us against any claims arising from your use of our materials.
21. Floorplan Disclaimer: The floorplans provided by Above And Beyond Creative are for illustrative purposes only and are not to be relied upon for architectural, construction, or legal purposes. They are not created to scale and may not accurately depict all details of the property. Above And Beyond Creative disclaims any liability for errors, omissions, or inaccuracies in the floorplans and advises users to seek professional verification for any serious use. By using these floorplans, users agree to hold Above And Beyond Creative harmless for any reliance on their contents.
22. PRIVACY Our privacy policy applies to the handling of personal information.
23. APPLICABLE LAW These Terms are governed by the laws of Western Australia. Disputes are to be resolved in the courts of Western Australia.
24. Dispute Resolution: To ensure an amicable resolution of disputes that may arise under these Terms, we strongly encourage the use of mediation or arbitration as a first step before resorting to court proceedings. In the event of a dispute, the parties agree to engage in good faith negotiations or mediation to resolve the dispute. If mediation fails to achieve a resolution, arbitration may be pursued as an alternative to court proceedings, with the following conditions:
• The arbitration shall be conducted in Perth, Western Australia, according to the rules of the Australian Centre for International Commercial Arbitration (ACICA).
• The decision of the arbitrator shall be final and binding upon both parties.
• Both parties agree that the arbitration process will be kept confidential to protect the privacy and business interests of both parties.
This dispute resolution process is intended to provide a faster, more cost-effective means of resolving disputes compared to traditional litigation.
25. Weather Contingency Plan: In the event of inclement weather, we have a contingency plan in place. If weather conditions are extreme, we will contact you to discuss rescheduling options at no additional fee. However, if you choose to proceed with the shoot despite adverse weather conditions, we will do so at your request, but any dissatisfaction with the resulting images due to weather-related factors will require a rebooking at full cost, as it would be considered outside our control.
26. Client Representation: By engaging our services, you represent that you have the authority to engage us for the photography services for the property in question, particularly in cases where you are not the property owner.
27. Model Releases: If you require individuals to be featured in the photographs, it is your responsibility to hire or engage the individuals or models and discuss any conditions related to their participation, including obtaining the necessary model releases. While we can provide model release forms if needed, you must ensure that all necessary arrangements are made before the shoot takes place. We will require notification in advance to prepare any necessary documentation.
28. Future Use of Property Images Licensing Terms
a) License for Original Use:
Images provided by Above and Beyond Creative are specifically for the client's use to market the property during their initial selling or leasing campaign. This license is directly granted to the client for use linked to their particular listing period only.
b) New Licensing Agreement Required:
If the property changes hands or is listed again by a different agency wanting to use the previously commissioned images, they need to contact Above and Beyond Creative directly to arrange a new licensing agreement. The original license does not allow third parties to use the images without obtaining permission from Above and Beyond Creative.
c) Disclosure Requirement:
When new owners or agencies ask about reusing the images, the original client or their agency must inform them that the images were produced by Above and Beyond Creative. They should also be advised that to use these images again, they need to contact Above and Beyond Creative to discuss a new licensing agreement.
d) Contact Information for New Licenses:
For information on licensing images for properties under new ownership or new agency listings, please reach out to Above and Beyond Creative at:
Email: bookings@aboveandbeyondcreative.com.au
Website: www.aboveandbeyondcreative.com.au
Phone: 0434 200 736
We are ready to help with the right licensing for your needs, ensuring you have the legal right to use our images for your property marketing.
29. Termination of Services: The agreement can be terminated by either party under certain conditions, such as contract breach or mutual consent. This includes potential fees or penalties, emphasizing the importance of understanding the termination conditions.
30. Force Majeure: For the purposes of this agreement, Force Majeure events are understood to include any act, event, non-happening, omission, or accident beyond our reasonable control and includes, but is not limited to, the following:
• Severe weather conditions such as hurricanes, floods, earthquakes, and other natural disasters,
• War, threat of war, terrorist actions, and similar situations,
• Fire, explosion, or accidental damage,
• Pandemics, epidemics, or public health emergencies,
• Government actions including but not limited to, embargoes, import or export regulations, and travel restrictions.
• In the occurrence of a Force Majeure event, the affected party shall notify the other party as soon as reasonably possible, detailing the circumstances and the expected duration of its inability to perform its obligations. Both parties shall then undertake reasonable efforts to mitigate the effects of the Force Majeure event and resume the performance of their obligations as soon as feasible.
31. Client Representation in Photos: Clients are responsible for preparing the property for the shoot, including staging and decor. While the photography team may assist with minor adjustments, the primary responsibility lies with the client, clarifying roles in preparing for the shoot.
32. Updates to Terms and Conditions: The business retains the right to modify the terms and conditions as necessary, committing to notifying clients of any changes via email. This ensures that clients are always informed about the terms governing their agreement.
By engaging our services, clients agree to abide by these terms and conditions outlined above.
Contact Information: For any questions, concerns, or clarifications regarding these Terms and Conditions, please contact us at:
• Company Name: Above And Beyond Creative
• Email: bookings@aboveandbeyondcreative.com.au
• Phone: 0434 200 736
We are committed to providing exceptional service and encourage open communication to address any issues or questions that may arise.