Terms of service.
BEACH.HAUS TERMS & CONDITIONS
1. BOOKINGS & APPOINTMENTS
All bookings will be confirmed via calendar invitation by the Photographer prior to attending the appointment.
The Client is responsible for communicating all appointment details, preparation requirements and relevant instructions to the vendor, tenant, landlord or other occupant. The Photographer should not be expected to have any contact with vendors or occupants other than as reasonably required whilst attending the Property.
2. DELIVERY
Next-day delivery applies to business days only. Next-day means the following business day and does not mean next-morning delivery.
All works will be supplied to the Client electronically via an online gallery link.
3.GST & PRICING
Unless otherwise stated, all prices displayed by Beach.Haus are inclusive of GST.
4. PROPERTY PREPARATION
Properties must be clean, tidy and photo-ready prior to the Photographer’s arrival.
The Photographer does not clean, stage, or move furniture or personal items other than minor adjustments deemed appropriate or acceptable by the Photographer.
If a shoot cannot proceed due to the condition of the Property, a call-out fee of $165 will be charged. Any subsequent booking or rescheduling will incur the applicable full booking rate.
5. WEATHER, ACCESS & PHOTOGRAPHIC CONDITIONS
The Client acknowledges that the Photographer cannot guarantee specific photographic outcomes where those outcomes are outside the Photographer’s reasonable control, are not physically achievable, or would jeopardise the safety of the Client, Photographer or any other person.
The Client agrees not to hold the Photographer liable for compromised or poor-quality images resulting from factors outside the Photographer’s reasonable control, including adverse weather conditions such as rain, high winds, sea mist, fog or other environmental conditions.
The Photographer reserves the right to reschedule or postpone shoots due to extreme weather, unsafe site conditions or circumstances which, in the Photographer’s reasonable opinion, prevent the services from being safely or professionally performed.
The Photographer is under no obligation to capture any specific moment, pose, person, feature or photographic composition during the session.
6. CREATIVE EXPRESSION
The Photographer will strive to present Photographs in a professional and workmanlike manner but is not required to cater to specific aesthetic preferences of the Client. The Client acknowledges the creative expression and professional judgement of the Photographer in producing photographic artwork.
7. CANCELLATIONS, RESCHEDULING & ACCESS
Changes or cancellations made within 4 hours of the scheduled appointment, including requests to reschedule, will incur a $165 late cancellation/rescheduling fee.
If the Property is unattended or inaccessible upon the Photographer’s arrival, a $165 call-out fee will apply.
If the Property is unsafe, unsuitable for photography or not reasonably ready for the commissioned services upon arrival, the Photographer may decline to proceed and the applicable call-out and/or rescheduling fees will apply.
8. TRAVEL
Properties outside a 30km radius of Safety Beach may incur additional travel charges at $0.85 per kilometre plus $55 for the total distance travelled. Any applicable travel charges will be outlined to the Client prior to undertaking the services.
9. EDITING & REVISIONS
One round of standard post-production is included with each booking. This may include exposure, colour, tone adjustments, minor object removal and Photographer-applied sky adjustments.
Additional revisions to edits or more detailed editing, including extensive decluttering, virtual staging, AI-generated alterations or other editing outside the original scope of the booking, may incur additional charges.
Edit requests must be made within 48 hours of delivery. Requests received after this period may be treated as additional editing work and may incur additional fees.
10. INVOICING & PAYMENT
The Photographer will invoice for services within 5 days of completion unless otherwise advised.
Invoices are issued weekly and are due within 7 days of issue unless otherwise agreed in writing.
Payment must be made in accordance with the payment terms set out in the invoice particulars.
No licence to use the Photographs is granted or deemed to arise, whether expressly or impliedly, until all amounts owing to the Photographer in respect of the relevant services have been paid in full.
Services may be suspended or stopped where accounts exceed the applicable payment terms.
11. INSPECTION OF DELIVERED WORKS
The Client agrees to inspect all delivered works and notify the Photographer of any defects within 5 working days of delivery of the services and/or products.
Where the Client fails to notify the Photographer within this period, the Photographer will not be liable for defects that could reasonably have been identified upon inspection.
12. WORKPLACE HEALTH, SAFETY & PROPERTY ACCESS
The Photographer must abide by applicable workplace health and safety rules, practices, laws and general requirements of respect for the Property and people whenever photographing a Property for the Client.
The Photographer will not be held liable to the Client for an inability to photograph or cover any part of the Property where doing so would breach applicable safety requirements, create an unreasonable risk, or otherwise be unsafe or inappropriate.
The Client warrants that all permissions, access rights and legal rights of entry to the Property have been obtained and are sufficient to allow the Photographer to undertake the commissioned services.
The Client is responsible for ensuring that the Photographer is permitted to access and photograph the Property and that any relevant restrictions, hazards or circumstances affecting access or photography have been disclosed to the Photographer.
The Client agrees to indemnify and hold harmless the Photographer from claims, damages, expenses or liability arising from the Client’s failure to obtain appropriate permission, access or authority to photograph the Property, or from hazards, conditions or circumstances at the Property that were not caused by the Photographer.
13. LIABILITY & FORCE MAJEURE
If the Photographer is unable to perform the services due to any cause outside the Photographer’s reasonable control, including Force Majeure, the Photographer will not be liable for any resulting delay, inability to perform or loss arising from that circumstance.
The Photographer will take reasonable care in the performance of the services but will not be responsible for loss or damage caused by circumstances outside the Photographer’s reasonable control, including technological failure, data loss, weather, unsafe site conditions, restricted access or actions of third parties.
To the extent permitted by law, the Photographer’s liability arising directly from the services provided for a specific Property and booking will be limited to the professional fees actually paid to the Photographer by the Client for that specific booking.
Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded, restricted or modified under applicable law.
14. COPYRIGHT, LICENSING & USE OF PHOTOGRAPHS
14.1 Copyright & Ownership
Copyright in all original Photographs and other original creative works produced by the Photographer remains the property of the Photographer. Nothing in these Terms constitutes a sale, assignment or transfer of copyright or ownership of the Photographs.
Where any material supplied by the Photographer has been created by, licensed from, or otherwise owned by a third party, the Photographer does not represent that it owns copyright in that material and may only grant rights to the extent permitted by the relevant third-party licence or agreement.
14.2 Photography Fee
The Photography Fee is payable for the Photographer’s professional time, skill, knowledge, creative judgement, expertise, equipment and ability to photograph and present a Property to a professional standard suitable for architectural representation and the promotion, marketing and sale or lease of the Property.
The Photographs produced as a result of those services are supplied to the Client subject to the limited licence set out in these Terms. The Photography Fee does not constitute a purchase of the Photographs or an entitlement to unrestricted use.
The Photography Fee is structured to provide professional photography at an accessible cost while granting a limited licence for the agreed campaign purpose. Where Photographs subsequently provide additional commercial value through extended, alternative, repeated or third-party use, such use falls outside the original licence and may be subject to an additional licensing fee.
14.3 Licence Granted to Client
The Client is granted a non-exclusive, non-transferable and limited licence to use the Photographs solely for the purpose of publicly marketing and promoting the specific Property Listing for which the Photographer was commissioned.
The licence permits the Client to use the Photographs in connection with that Listing across the Client’s usual property marketing channels, including real estate portals, the Client’s website, social media, printed marketing materials and other advertising directly relating to the Listing.
The licence applies only to the specific Property and Listing for which the Photographer was engaged and does not extend to any other Property, Listing, campaign, purpose, business, person or entity.
The licence commences upon full payment of the applicable invoice and continues for the duration of the specific Listing, ending when the Listing is withdrawn, sold, leased or otherwise concluded, unless a different licence period is expressly agreed in writing.
The licence is not transferable and the Client may not sell, assign, transfer, sublicense, gift, distribute or otherwise grant any rights in the Photographs to another person or entity for their own use.
14.4 Additional Licensing & Unauthorised Use
Any use of the Photographs outside the scope of the licence granted above requires the Photographer’s prior written permission and may incur an additional licensing fee.
Additional licensing may apply where Photographs are used:
by another agent, agency, vendor, owner, builder, developer, architect, designer, staging company or other third party for their own commercial purposes;
for a different Property or Listing;
for a subsequent sale, rental, lease or other campaign;
after the original Listing has concluded;
for a purpose unrelated to the original Listing;
for commercial, editorial, promotional, portfolio or advertising purposes beyond the original Listing; or
in any other manner not expressly permitted under the licence granted by these Terms.
The Photographer reserves the right to determine the applicable additional licensing fee having regard to the nature, duration, extent and commercial purpose of the proposed use.
Unauthorised use of the Photographs constitutes use without licence. The Photographer reserves the right to seek payment of the applicable licensing fee and any other remedies available under applicable law.
Unauthorised use does not become authorised by the passage of time, removal of identifying information or alteration of the Photograph, including alteration through AI or other editing technology.
15. VENDOR USE
The vendor or property owner is not the Photographer’s Client unless expressly agreed otherwise in writing.
The vendor may be provided with low-resolution copies of selected Photographs for personal, non-commercial use only. Such provision does not grant the vendor any commercial licence or ownership rights.
The vendor must not sell, licence, publish for commercial purposes, distribute to another business, submit the Photographs for commercial advertising or otherwise commercially exploit the Photographs without obtaining a separate licence from the Photographer.
16. AI, IMAGE EDITING & THIRD-PARTY SERVICES
The Client must not, without the Photographer’s prior written consent, materially alter, manipulate, enhance, transform or create derivative works from any Photograph, whether directly or through any third party, editing service, artificial intelligence (AI), generative AI, machine-learning or automated image-editing or image-generation tool.
This includes, without limitation, AI enhancement or generation, virtual staging or furnishing, sky replacement, removal or addition of objects, alteration of architectural or structural features, changes to landscaping, views, finishes, colours or materials, or any other alteration that changes or creates the visual representation of the Property.
The Client must not upload, submit or provide the Photographs to any third-party editing or AI service for such purposes, nor permit any third party to do so, without the Photographer’s prior written consent.
Ordinary technical adjustments required for publication, such as cropping, resizing, compression or file-format conversion, are permitted provided they do not materially alter the content or representation of the Property.
For the avoidance of doubt, any editing, retouching, sky replacement or other image enhancement expressly included in the Photographer’s services may be undertaken by the Photographer as part of the commissioned service. The restrictions in this section apply to alterations undertaken or commissioned by the Client or any third party after delivery of the Photographs.
Any approved alteration remains subject to the Photographer’s copyright and licensing terms and may be subject to additional licensing conditions or fees.
Any altered, AI-generated or digitally manipulated image used in connection with the marketing of a Property must not materially misrepresent the Property, its features, condition, dimensions, appearance or surroundings as they exist at the time of marketing.
The Client remains responsible for ensuring that any third-party editing, AI-generated or digitally altered content used in connection with the Property complies with these Terms and does not create a misleading or deceptive representation of the Property.
17. PHOTOGRAPHER’S PROMOTIONAL USE
The Client acknowledges and agrees that the Photographer retains the right to display and use Photographs created by the Photographer for the Photographer’s own portfolio, website, social media, advertising, marketing, promotional materials, awards, competitions, editorial submissions and other legitimate self-promotional purposes, subject to any applicable third-party rights and legal obligations.
The Client warrants that it has obtained any permissions or consents reasonably required from the vendor, property owner or other relevant person for the Photographer to undertake the commissioned photography and for the Photographer to use the resulting Photographs for the purposes permitted under these Terms.
To the extent permitted by law, the Client releases the Photographer from claims arising solely from the Photographer’s authorised promotional use of the Photographs in accordance with these Terms.
18. DEFINITIONS
For the purposes of these Terms:
“Photographer” means Beach.Haus & Hayleigh Beach (ABN 35 161 816 382), including any employee or contractor engaged by the Photographer.
“Client” means the person or entity contracting the Photographer. In the case of real estate imagery, the Client is the real estate agent or agency commissioning the Photographer, unless otherwise agreed in writing.
“Photographs” means all photographic and visual material supplied by the Photographer, including but not limited to still photographs, video, graphics, floorplans, virtual tours and other visual assets, subject to any third-party intellectual property rights.
“Property” means the house, building, land or other real property for which the Client commissions the Photographer to provide services.
“Listing” means the marketing of a Property for the purpose of sale, rent, lease or the promotion of building, architectural or construction works.
19. THIRD-PARTY PLATFORM USAGE
The licence granted under these Terms permits the Client to upload and display the Photographs on third-party real estate listing platforms, including but not limited to realestate.com.au and Domain.com.au, solely for the purpose of advertising the specific Property for which the Photographs 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 it does not hold sublicensing rights in respect of the Photographs 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 its 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 under these Terms. No implied licence shall arise from the nature of the commission, the intended use of the Photographs or industry practice.
20. TERMINATION
The termination of this Agreement or the ending of any licence granted under these Terms 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 the licence.
Any rights or obligations which by their nature are intended to survive termination, including copyright, payment obligations, unauthorised use, licensing obligations, indemnities and limitations of liability, will continue to apply after termination to the extent permitted by law.
21. SEVERABILITY & WAIVER
If one or more of the provisions contained in these Terms is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions will not be affected.
Such provision will be revised only to the extent necessary to make it enforceable.
The non-exercise of or delay in exercising a right of a party will 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.
22. GOVERNING LAW & JURISDICTION
These Terms and Conditions are governed by and construed in accordance with the laws from time to time in force in Victoria, Australia.
The parties submit to the jurisdiction of the courts of Victoria, Australia.
23. CHANGES TO THESE TERMS
These Terms may be updated from time to time.
The version of these Terms accepted by the Client at the time of booking will apply to that booking, unless otherwise agreed in writing.
Updated Terms will apply to future bookings from the date they are published or otherwise notified to the Client.
24. PRIVACY POLICY
Our Privacy Policy can be viewed here.
25. ACCEPTANCE OF TERMS
Beach.Haus is a photography service owned and operated by Hayleigh Beach (ABN 35 161 816 382).
By submitting a booking, accepting a quotation, confirming an appointment or otherwise engaging the Photographer to provide services, the Client acknowledges that it has read, understood and agrees to be bound by these Terms and Conditions.
These Terms form part of the agreement between the Client and the Photographer in relation to the services provided.