All services completed by Skylight Media will be carried out under the following terms and conditions. Please read all sections so that you’re totally clear on your obligations and the service being provided. Please let us know prior to your scheduled service(s) if you have any questions.
Parties
Client: The person or entity named on the accepted quote/invoice/order form.
Company / Photographer: Skylight Media (ABN 39 695 216 855).
“Photos/Images/Content” means photographs, video, reels and any other media provided by Skylight Media.
1.1 The Client engages Skylight Media (the Photographer) to provide the services set out in the accepted quote, under these Terms & Conditions (the Agreement).
2.1 Fees. The Client agrees to pay the amount in the accepted quote (plus GST if applicable), including any agreed travel or add-ons.
2.2 When due. All fees are due on delivery of the Content. Content is delivered via a digital gallery; download access may be withheld until payment is received.
2.3 Pay even if unused. The Client must pay for services performed, even if the Content is no longer required or not downloaded, by the invoice due date.
2.4 Client cancellation. Cancelling or postponing within 24 hours of the appointment incurs a 50% fee. This is waived if the Client re-books within 30 days.
2.5 On-site restrictions/unprepared site. If the Photographer arrives but cannot proceed due to access restrictions, safety hazards or site unpreparedness, a 20% cancellation/reschedule fee applies (plus any wasted travel costs agreed in advance).
2.6 Photographer cancellation. If the Photographer cancels due to ill-health, weather, safety or other reasonable cause, the session will be rescheduled by agreement or, if not possible, no fee will be owed for the cancelled service.
3.1 The service includes quality, edited photos and/or video as quoted or otherwise agreed in writing before the shoot.
3.2 Style. Images are delivered in Skylight Media’s style (recent examples: https://skylightmedia.com.au/). If you require a different style, please discuss before booking to confirm suitability or consider a different photographer who creates content in a different style.
3.3 Creative discretion. Elevations, compositions and views are at the Photographer’s professional discretion, considering light, equipment and conditions on the day. Client instructions are followed where reasonably possible, but an exact match for every requested angle cannot be guaranteed.
3.4 Image counts. The number of photos delivered varies by the package ordered.
3.5 Scheduling. Date/time and location(s) of photoshoots and any other appointments will be confirmed in writing.
3.6 Preparation & checklists. A preparation checklist/guide is provided and the Client is responsible for presentation. The Photographer does not undertake cleaning/styling unless that is agreed to in the photography package ordered. Where presentation on arrival at the photoshoot is not reasonable, the Photographer is not responsible for reduced quality; the Photographer may cancel/reschedule if the site is not shoot-ready.
3.7 Pre-shoot questionnaire: The Client must complete and submit the pre-shoot questionnaire at least 3 calendar days before the scheduled shoot (WA time) so the Photographer has the information they need to prepare for the shoot without any delays. If the questionnaire is not completed on time the session may be rescheduled by the Photographer and the fees in clause 2.5 may apply. If the shoot proceeds without a completed questionnaire, the Client accepts any limitations and outcomes.
3.8 Overnight / multi-night shoots (accommodation).
a) The Photographer will stay as a guest and requires exclusive use of the booked room/house during the shoot (from arrival on day one through to departure on the final day).
b) The property must be presented as for any guest (cleaned and made-up).
c) House rules will be respected. Post-shoot cleaning is the owner/host’s responsibility.
d) Other guests may attend (photographer’s assistant, partner, friend) only if mutually approved in advance.
e) The Photographer may bring linen/towels when travelling by car if arranged in advance, please advise in the pre-shoot questionnaire.
3.9 Weather/safety/drone. The Photographer may cancel or reschedule for inclement weather, unsafe conditions, equipment failure or similar. Drone use is subject to CASA rules, weather and site safety. If part of the work cannot proceed the fee will be adjusted by agreement.
3.10 Re-shoots.
4.1 Digital delivery is made within the turnaround time stated in the package (or otherwise agreed in writing) after the shoot.
5.1 Ownership. The Photographer owns all copyright in the Content. The Photographer may use the Content for their own marketing/advertising and may re-license or reproduce it (non-exclusive).
5.2 Client licence. Upon full payment, the Client (named on the invoice) receives a non-exclusive, non-transferable licence to use the Content for the Client’s own marketing.
5.3 Recommended attribution (not mandatory for the Client):
5.4 Attribution for third parties. Third parties using the photos under an extended licence (see 5.8) must include the recommended attribution on each photo.
5.5 No on-selling. The Client must not on-sell the Content for commercial or personal gain without prior written permission (additional licence/fees may apply).
5.6 No transfer to new parties. The Client must not pass the Content to a new home owner, new business owner or new agency without prior written permission from the Photographer. If a new party wishes to use the Content for their ongoing commercial gain (e.g., a new home owner using the photos to market the property themselves, or a new agency using the photos for their business marketing), a re-licensing fee (typically 50% of the original shoot fee) may be due unless otherwise agreed in writing.
5.7 Real estate photography (single property—sell or lease) – limited licence. All points above (5.1 to 5.6) apply, additionally:
5.8 All other services photography (e.g., Airbnb/holiday homes/business marketing) – extended licence. Points above (5.1 to 5.6) apply, additionally:
5.9 Builders, Landscapers, Designers & Stylists Photography. Points 5.1 to 5.6 above apply, additionally:
5.9 People/public. Where members of the public or identifiable individuals may appear, the Client is responsible for obtaining necessary permissions/releases and compliance with privacy laws before showing the photos for marketing purposes.
6.1 The Client is responsible for ensuring all information provided to the Photographer is accurate and lawful for publication and that the Client has authority to permit the shoot at the location.
6.2 The Client indemnifies the Photographer against claims, loss or liability arising from the Client’s use or publication of the Content, site conditions, or information supplied by the Client being inaccurate/unlawful.
7.1 The parties will first attempt to resolve any dispute by good-faith negotiation.
7.2 If unresolved within 14 days, either party may request an independent mediator.
7.3 If still unresolved, proceedings may be commenced only in courts located in Western Australia, and the parties submit to that jurisdiction.
8.1 All notices must be in writing and delivered to the contact details stated in the quote/invoice (or as later updated in writing).
9.1 Entire agreement. This Agreement sets out the entire understanding and supersedes all prior discussions.
9.2 Variations. Any variation must be in writing and agreed by both parties.
9.3 Severability. If any clause is unenforceable, the remainder continues in effect.
9.4 Governing law. This Agreement is governed by the laws of Western Australia.
9.5 Australian Consumer Law. Nothing in this Agreement excludes, restricts or modifies any consumer guarantees under the ACL to the extent they cannot be excluded.