Terms of service.

1. Introduction

By booking our real estate, architectural, or media services, you agree to these Terms and Conditions. If you have any questions, please contact us prior to confirming your booking.

2. Booking and Payment

Bookings

  • All bookings must be made via our online booking system or confirmed in writing via email.

  • A confirmation email will confirm all of the details

Payment Terms

  • Invoices are due within 7 days unless otherwise agreed in writing.

  • A 10% monthly late fee will apply to overdue invoices.

  • Stop service will be imposed when accounts exceed payment terms

3. Cancellations, Access & Rescheduling

  • Cancellations made within 1 hour of the scheduled shoot will incur a $150 + GST cancellation fee.

  • If the property is unattended or inaccessible upon arrival, a cancellation fee of 50% of the total booking value will apply.

  • We reserve the right to reschedule or postpone shoots due to extreme weather or unsafe site conditions.

4. Client Responsibilities

  • The client is responsible for ensuring access to the property at the agreed time.

  • Properties must be clean, tidy, and photo-ready.

  • We do not clean, stage, or move furniture or personal items.

  • If the shoot cannot proceed due to the property’s condition, a call-out fee will be charged, and rescheduling will incur the full booking rate.

5. Service expectations

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)

12(a). Photographer and client agree that Photographer is under no obligation to capture any specific moment or pose or person(s) during the sessions.

12(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.

12(c) Client agrees to indemnify and hold harmless Photographer for any liability, damage, or loss related to technological failure, including data loss.

12(d) Client agrees to hold Photographer harmless for any personal injury which may occur as the client poses or works with Photographer.

12(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.

6. Content Delivery

  • Final content will be delivered via gallery link or WeTransfer download link.

  • Download links are valid for 30 days.

  • Media is archived 90 days post-delivery. Admin fees apply to reissue a gallery of images.

7. Edits & Revisions

  • One round of standard edits is included with each booking.

  • Additional revisions or reshoots outside the original scope may incur extra charges.

  • Edit requests must be made within 48 hours of delivery.

8. Copyright & Licensing

  • All media remains the copyright of Beach.Haus.

  • Clients are granted a non-transferable license to use the content for one property/agent campaign only.

  • Content may not be altered, reused, sold, or provided to third parties.

  • Beach.Haus reserves the right to use any content created for marketing or portfolio purposes unless a signed NDA is provided prior to the shoot.

  • You 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 via VCat hearing in the event that images have been used without licence.

    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.

9. Liability

  • Beach.Haus is not liable for delays, damages, or cancellations caused by third parties, weather, or access issues.

  • Clients are responsible for securing or removing any valuable or fragile items.

  • Our total liability is limited to the amount paid for the service in question.

  • To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and /or our products or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date.

  • Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

    10. Indemnity

    To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

11. Force Majeure

We are not liable for failure to provide services due to events beyond our control, including illness, travel delays, equipment failure, natural disasters, or legal restrictions. In such cases, refunds or rescheduling may be offered at our discretion.

12. Safety

Personal Safety: In the event the photographer feels unsafe, threatened, disrespected, physically or verbally abused, the session will end immediately at the discretion of the photographer and the session either rescheduled or cancelled.

  • We reserve the right to postpone or cancel any shoot if the environment is unsafe, hazardous, or unlawful.

  • Outdoor shoots will not proceed in adverse weather conditions (e.g., heavy rain, lightning, thick fog).

13. Service Area and Travel Fees

  • Standard service area covers a 30 km radius from Mount Martha, VIC.

  • Travel outside this radius will be charged at $0.85 per 1 km + $50 for the return distance

  • Regional or interstate bookings will be quoted on a case-by-case basis.

14. Governing Law

These Terms and Conditions are governed by the laws of Victoria, Australia. Any disputes will be handled in the courts of Victoria.

15. Updates

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.

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