Terms of service.
All bookings will be confirmed via calendar invitation, by the Photographer prior to attending appointment.
Next day delivery applies to business days only. Note, this is next DAY, not, next morning.
All services and pricing attract GST and prices displayed are GST inclusive.
It is at the responsibility of the Client(Agent) to advise its Clients (Vendor, Tenants, Landlord) of appropriate appointment times. Photographer should not be expected to have any contact with vendors other than whilst attending the property.
Properties must be clean, tidy, and photo-ready. We do not clean, stage, or move furniture or personal items other than what is deemed appropriate or acceptable by the photographer. If a shoot cannot proceed due to the property’s condition, a call-out fee of $165 will be charged, and rescheduling will incur the full booking rate.
Client agrees that Photographer can not guarantee certain photo outcomes during the photography session that are not within the clients physical capabilities or where safety to either client or photographer is jeopardised. Additionally, client agrees not to hold Photographer liable for compromised or poor quality images due to factors outside the photographers control (for example: adverse weather conditions - rain, high winds, sea mist or fog)
7(a). Photographer and client agree that Photographer is under no obligation to capture any specific moment or pose or person(s) during the sessions.
7(b) If Photographer is unable to perform the services in this contract due to any cause outside its control, Client agrees to indemnify photographer for any loss damage or liability.
7(c) Client agrees to indemnify and hold harmless Photographer for any liability, damage, or loss related to technological failure, including data loss.
7(d) Client agrees to hold Photographer harmless for any personal injury which may occur as the client poses or works with Photographer.
7(e) Photographer will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of client, acknowledging creative expression of the Photographer, producing the photographic artwork.
Cancellations made within 4 hours of the scheduled shoot will incur a $165 cancellation fee.
If the property is unattended or inaccessible upon arrival, a cancellation fee of $165 will apply.
We reserve the right to reschedule or postpone shoots due to extreme weather or unsafe site conditions.
Properties outside the 30km radium of Safety Beach, may incur additional travel charges at $0.85 per kilometer +$55 for the total distance traveled. This will be outlined to you prior to undertaking any services.
All works will be supplied to the Client electronically via online gallery link. One round of standard edits is included with each booking, this can include sky adjustments, tone adjustments, removing minor objects.
Additional revisions to edits, or more detailed edits, such as de-clutters, virtual staging or re-shoots outside the original scope may incur extra charges.
Edit requests must be made within 48 hours of delivery..
The Photographer will invoice for services within 5 days of completion unless otherwise advised and payment must be made in accordance to the terms set out on the invoice particulars. No License Usage Agreement is granted or assigned either implicitly or explicitly until full payment has been received.
Invoices are issued weekly and invoices are due within 7 days of issue unless otherwise agreed in writing. Stop service will be imposed when accounts exceed payment terms
You agree to inspect all delivered works and notify the Photographer of any defects within 5 working days of the creation of the services and/ or products, failing which we will have no liability for any defects.
The Photographer must abide by all workplace health and safety rules, practices, laws and general respect for the property and people whenever the Photographer may be photographing a property for the client and will not be held liable to the client for an inability to cover any part of the property on these grounds. The Photographer’s liability in any case is limited to professional fees paid to the Photographer by the Client prior to the photo shoot in relation to the specific property and photo shoot. This includes in the event of Force Majeure. The Photographer accepts no liability whatsoever resulting from photographing a property for the Client. The Client warrants that any permissions, access, legal or otherwise of right of entry to the property has been obtained to allow the Photographer unfettered ability to photograph the property for the Client. The Photographer is not responsible for any action arising from being on, damage caused to or injury arising from photographing the property. The Client hereby agrees to indemnify, defend and/or hold harmless the Photographer from all claims damages, expenses and liability whatsoever arising out of or connected with any actual or threatened lawsuit, claim or legal proceedings insofar as it relates to photographing the specific property.
All media remains the copyright of Beach.Haus & Hayleigh Beach
Clients are granted to use the photos supplied by way of a Licence Agreement, a non-transferable license to use the images for the sole purpose of intent. Vendors may receive a copy of the low res images for personal use ONLY. No further distribution is permitted.
For the purpose of this License Usage Agreement the “Photographer” is Beach.Haus & Hayleigh Beach (ABN 35 161 816 382) or one of its contractors or employees. For the purpose of this License Usage Agreement the “Client” includes the person/entity contracting the Photographer. “Photographs” includes all material provided by the Photographer including, but not limited to, images, video, graphics and floor plans. “Property” means the property (e.g. house, building or other real property) in which the Client has contracted the Photographer to photograph for the purpose of a property “listing”. A Listing means the property is marketed for the purpose of a sale, rent or lease, or promotion of building works.
All media remains the copyright of Beach.Haus & Hayleigh Beach
Content may not be altered, reused, sold, or provided to third parties.
Client or any Third-party may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, the products and/or services or the Content, our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve to seek financial compensation in the event that images have been used without license.
The Site, products and services contain intellectual property owned by Beach.Haus and/or by third-parties that license the content from us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, images, all designs, text, videos, audio files, graphics, other files and software (“Content”). Your use of this Site, the images & media and/or the services and access to any content does not grant or transfer any rights, title or interest to you in relation to this Site, the products and/or services or the content.
Copyright of all photographs, video, floorplans or graphics in any format or on any medium created by the Photographer remain with the Photographer. The Photographer has full rights to use and/or display any photographs, video, floorplans or graphics including but not limited to web sites, brochures and social media and the client agrees to release all claims to profits that may arise from use of photographs.
The Client warrants that all people associated with the property and appearing in any photographs associated with the property or surrounds have given their consent to be photographed and appear in all media thereafter.
The Client hereby accepts that the Photographer has the irrevocable and unrestricted right to use and publish the photographs in which the Client and/or any other persons associated with the property may be included, to alter without restriction; and to copyright and to license use of same to others to use.
The Client hereby agrees to indemnify the photographer from any claim whatsoever from such use and also indemnifies and releases Photographer and its legal representatives and assigns from all claims and liability relating to use of said photographs.
This individual, non-exclusive License Usage Agreement grants the Client a limited usage right to reproduce, publicly display, and distribute the Photographs only for promotional or advertising purposes directly related to the listing of the Property and the License Usage Agreement expires when the purpose of the listing is first achieved. This License Usage Agreement is not transferable and the client cannot resell, license or sub-license, gift, assign or transfer any rights whatsoever in the photographs. If the Client breaches this agreement the License Usage Agreement will immediately expire and be at an end.
The Termination of this Agreement or the ending of any License Usage Agreement shall not affect any right of action which may have accrued to either party in respect of any breach prior to the date of such Termination or the ending of any License Usage Agreement.
This Agreement shall be governed by and construed in accordance with the laws from time to time in force in the Jurisdiction and the parties submit to the exclusive jurisdiction of the Courts of Victoria.
Severability, if one or more of the provisions contained in this Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforce-ability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable. The non-exercise of or delay in exercising a right of a party shall not operate as a waiver of that right, nor does a single exercise of a right preclude another exercise of it or the exercise of other rights.
Third-Party Platform Usage The licence granted under this Agreement permits the Client to upload and display the Works on third-party real estate listing platforms (including but not limited to realestate.com.au) solely for the purpose of advertising the specific property for which the Works were commissioned. This permission is strictly limited to listing display and does not constitute, and shall not be construed as, a grant of any additional rights to any third-party platform operator.
The Client acknowledges that they do not hold sublicensing rights in respect of the Works and that any terms of service, licence agreements, or acknowledgements required by third-party platforms, including any purported irrevocable, perpetual, or royalty-free licence, are accepted by the Client solely in their capacity as an uploader and do not bind the copyright owner, nor extinguish, limit, or modify the copyright owner's rights in any way.
The copyright owner expressly reserves all rights not specifically granted herein. No implied licence shall arise from the nature of the commission, the intended use of the Works, or industry practice.
These Terms and Conditions are governed by the laws of Victoria, Australia. Any disputes will be handled in the courts of Victoria.
Terms & Conditions may change at anytime. Continued use of our services implies acceptance of any revisions. Please refer to this page for the latest version.
Privacy Policy can be viewed here
INFORMATION: Beach.Haus (THE ‘BUSINESS’) IS A PHOTOGRAPHY SERVICE OWNED AND OPERATED BY Hayleigh Beach (ABN 35 161 816 382). PLEASE READ THE ABOVE TERMS & CONDITIONS OF USE CAREFULLY BEFORE USING THE ONLINE BOOKING FORM. BY VISITING THE WEBSITE, YOU ARE DEEMED TO HAVE READ AND UNDERSTOOD THESE TERMS & CONDITIONS OF USE AND TO HAVE AGREED TO BE BOUND BY THESE TERMS & CONDITIONS OF USE, WHICH SHALL FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BEACH.HAUS