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 service(s) being carried out if you have any questions, there’s a form at the end to ask us a question.
For the purposes of this contract the terms ‘photos’ or ‘images’ means photographs and videos.
1. The representative named in the order form (the “Client”), for the property address also given in the order form (the “Property”), has agreed to Skylight Media (the “Company” “Photographer” “Copywriter” “Photography Company” or “Copywriting Company”) and both herein referred to as “Parties”, has agreed to photography services under the following terms and conditions:
2.1 The Client agrees to pay Skylight Media the full amount in the quote that was agreed to for the delivery of the services.
2.2 All fees must be paid in advance of receiving the content from Skylight Media. Skylight Media uses a digital delivery platform for all content and completed content will remain ‘locked’ and unable to be downloaded by the Client if payment has not been received.
2.3 In any event the Client shall pay for all services completed by Skylight Media, even if the content is no longer required or not downloaded, within 7 days of completion of the service (for example within 7 days of the completion of the photo shoot at the property / premises).
2.4 In the event that the Client cancels the services within 24 hours of a scheduled appointment the Client will be invoiced with a cancellation fee of 50% of the original fee. This cancellation fee will be waived if the Client re-books Skylight Media’s services within 30 days of the cancellation.
2.5 In the event that a service cannot be completed as scheduled due to Skylight Media arriving at the appointment and facing restrictions or safety hazards then the Client will be invoiced with a cancellation fee of 20% of the original fee.
2.6 In the event that Skylight Media must cancel booked services at any stage due to ill-health or other personal or professional reasons, the services will be re-scheduled as agreed with the Client, and if re-scheduling is not possible then no fees will be owed.
3.1 The Photographer’s services under this Contract include quality, edited photos as quoted or as discussed and agreed to in writing between the Client and the Photographer in advance of the photo shoot.
3.2 Photographs will be delivered in the style that Skylight Media works to, examples of this style can be found on the website here: https://skylightmedia.com.au/
If your expectations for photographs are different to the style that Skylight Media works to then please discuss this with Skylight Media before your scheduled services as the service may not be suitable for your needs.
3.3 The specific amount of photos delivered to the client varies depending on the package ordered by the Client.
3.4 The photography will be carried out at a location and on the day and time as agreed to between the Parties either in advance of completing this contract or after completing the contract. The appointment day and time will be confirmed in writing between the Parties.
3.5 The Photographer will supply a checklist of recommended photo shoot presentation actions for the Client to complete leading up to the day of the scheduled photography.
If the location / subject is not presented in a reasonable condition for taking quality photographs, as per the checklist, the Photographer will not complete these presentation actions and takes no responsibility for poorer quality images, or images that are unsuitable for marketing by the Client. The Photographer also reserves the right to cancel the photography appointment if the location / subject is not presentable for quality images.
3.6 The Photographer reserves the right to cancel or request rescheduling of the photography services at any stage due to inclement weather, unsafe conditions, ill-health, or other. The Photographer will inform the Client in writing if the services are to be cancelled or rescheduled.
3.7 Re-shoots: if the photographer is requested to return to the property or location for a re-shoot or to take additional photos the following fees apply:
3.8 The photographic services performed under this Contract include digital image editing services completed by the Photographer or by their nominated editing service provider.
4.1 The Photographer will deliver digital photos to the Client within the number of days specified in the photography package ordered by the Client, after completing the photography at the agreed location, or within another timeframe as agreed to by all Parties.
5.1 The Photographer is the owner of all photos produced. The Photographer is permitted to use all photos for their personal and professional marketing and advertising purposes, and for re-sale and reproduction.
5.2 The Client is permitted to show photos produced by the Photographer for their personal or professional marketing use.
5.3 The Client is permitted to show the photos produced by the Photographer for their personal or professional marketing use without attribution, however attribution of the Photography Company when sharing to social media (for example Facebook or Instagram) is recommended in order to meet the community guidelines of these social media platforms and to avoid issues with the Client’s own social media account being reported. The recommended minimum attribution is as follows:
Instagram – Photo(s) taken by @skylightmedia.bymarli
Facebook – Photo(s) taken by @skylightmediabymarli
5.4 The client is not permitted to on-sell the photos for any commercial or personal gain without prior written permission from the Photographer. Further licensing agreements, fees and commissions may apply if the Photographer agrees to the client on-selling any of their photos.
5.5 Real Estate Photography Services (sell or lease): limited licensing, extends to use by the client only. All photos under the Contract may not be reproduced by a third party other than the Client, including but not limited to architects, builders, stagers, designers, other real estate agents, property managers, sellers or buyers in any manner without previous written allowance of the Photographer. Using photos of the Property by a third party without the Photographer’s permission is not permitted.
5.6 All Other Photography Services (commercial, holiday homes, other): Unlimited licensing, extends to the following: all photos under the Contract may be reproduced by a third party under the instruction of the Client without prior consent of the Photographer. These third parties may include property managers, marketing managers, print media, digital media, televised media, architects, builders, stagers, designers, tourism associations, booking platforms.
5.7 Third party use of the photos does not require attribution, however Skylight Media would appreciate the Client advising them of any third party use as a courtesy so that we are aware of how our photos are being distributed.
5.8 Images containing the faces / identities of members of the public: if the photo shoot will involve photos of the general public then the Client shall inform all individuals of the photo shoot and obtain release forms from these individuals to permit their images being used for marketing, adverting and other purposes by both the Client and by Skylight Media.
6.1 Skylight Media relinquishes all responsibility for legal repercussions which may be incurred on publication or distribution of material by the Client.
6.2 It is the responsibility of the Client to ensure the accuracy of all content and that all information provided to, or produced by Skylight Media, is factual and correct. The Client is also responsible for ensuring that all information provided to or produced by Skylight Media is permitted for mass reproduction in the media by the owner of the property, premises, business or products.
7.1 Any dispute arising out of this Contract shall be resolved by negotiation.
7.2 If Parties are unable to resolve the dispute by negotiation, then either of the Parties may request the services of a third party and independent mediator.
7.3 If mediation cannot resolve the dispute then the dispute may be maintained only in courts physically located in Western Australia, and the Parties hereby consent to the personal jurisdiction of such courts.
8.1 All notices or demands required or permitted by the terms of this Contract will be given in writing and delivered to the parties.
8.1 This Contract sets forth the entire understanding and agreement of the Parties and supersedes any and all prior agreements between the Parties. This Agreement shall be governed and interpreted and enforced in accordance with the laws of the State of Western Australia.
If you have any questions about these Terms and Conditions please let us know immediately using the form below: