Terms and Conditions
Engaging our services automatically signifies your acceptance of these terms and conditions. These terms and conditions are subject to change without notice.
"We", "us", "our" and similar means the business operating under the name "Key Real Estate Photography", that was incorporated in the state of Western Australia and assigned ABN 67 345 328 911. It includes our directors, employees, officers, and any other entity associated with us, and each of our successors, licensees, and assignees.
"You", "your" and similar refers to the real estate business, agency, licensee or representative (as the case may be) that has been engaged to sell or lease the property and that has engaged us to produce the materials that we supply.
"Materials" means any goods or services created by us.
When you engage our services, you agree to abide by all of the terms and conditions outlined on this page.
We are an independent contractor and not your employee. You cannot make agreements, appointments or undertakings on behalf of us.
The owner of the property is not our client. All dealings (including payments) will be done through you. Direction and/or interference by persons at the property may result in additional charges if we are unable to complete the assignment in the alloted time.
You and we will not discuss our arrangement, business practices or photographic techniques with any other parties.
All copyright ownership rights (expressed or implied) will be retained by us, unless an agreement has been made in writing to the contrary (or in certain circumstances where specified in the Copyright Act 1968).
LICENSE TO USE
We will grant you a license to use the materials to assist you in the marketing (in whatever form) of the real estate property that you have been engaged to sell or lease. Usage for any other purpose is forbidden unless we agree to such usage in writing.
At no time shall usage of those materials be assigned to, or used by, any third party without our permission through prior written agreement.
The license to use the materials expires if:
Payment is not received within 21 days from the date on the invoice in relation to the property, or
The property is sold or leased or the agreement to sell or lease the property terminates, or
12 months (6 in the case of rentals) has elapsed since the photos were delivered (please contact us to extend the period).
Photos may not be sold, leased, reused in a later sale or leasing of the property, or otherwise transferred to any other person (including to the owners of the property or to other agencies), unless where expressly agreed to by us in writing. Further usage of the materials for any purpose will subsequently require a new license and will require payment of a new licensing fee. All efforts must be made to remove materials from web sites, social media etc after the property has been sold or leased.
We will grant you a license to use a single photograph in perpetuity for the purpose of advertising that the property has been sold.
Modifications to photographs are not permissible without our written permission. This includes the combining of two or more images into a single image and the overlaying of text or graphics on top of images.
You are responsible for providing us with clear, detailed instructions of particular items and features you would like us to include, remove or avoid in photographs to be taken at the property before the shoot. If necessary, you should be present at the shoot to provide us with direction. If no such instructions or direction are provided, our interpretation of the shoot shall be deemed acceptable.
Direction by either you or the owner may result in additional time being spent at the property and may result in additional charges being incurred. We reserve the right to leave if we need to get to the next scheduled appointment.
The package prices that are quoted in the Services page are an estimate and are made in good faith based on an assumption that the session will be completed without any issues or complications and within the alloted time. The final price may vary accordingly.
If no package type is specified when a booking is made, the Standard Day package (30 photos) will be assumed.
A booking/attendance/travel fee (currently $50 for daylight shoots and $120 for twilight shoots) will apply if the shoot is cancelled or rescheduled and insufficient notice is given (<1 hour for daylight and <24 hours for twilight) of the appointment or if we are unable to complete the shoot due to access issues. However, the fee will not be required if the shoot is cancelled due to our fault, at our absolute discretion. Returning to the property to complete the shoot will constitute a separate, chargeable job, and will be subject to additional, full payment of the appropriate fee.
We may decide to leave and return to the property (at no charge) in cases where bad weather, glare from the sun etc has prevented us from obtaining acceptable materials.
You are responsible for ensuring that the property is ready to be photographed before we arrive, that no items are to be moved and that people, pets and vehicles are removed from areas that we are working in. Failure to do so may result in those items being included in the materials that are delivered to you. We strongly recommend that either a printed copy or the link to our preparation guides (separate guides for owners and tenants) be sent to owners and tenants respectively as soon as the property is listed, unless the property is vacant.
If the property is tenanted, we will not touch or move the tenant's belongings and we do not clean or declutter areas being photographed. You are responsible for ensuring that the property is presented in the way you require before we attend. However, we may move or hide certain minor items in order to improve, in our opinion, the overall composition of each photograph. If necessary, you or your representative should attend prior to the shoot to ensure that the property is ready before we arrive.
PICKING UP AND RETURNING KEYS
We will, at our discretion, pick up and return keys as long as it doesn’t impact other commitments that we have during that day. We will attempt to return keys promptly but this service is subject to our other business obligations. Alternately, you may wish to install a lock box at the property if you’re unable to attend. We will advise you which day we will photographing the property - failure to ensure that keys are available at your office from the start of business on that day will incur a fee.
You are responsible for advising us of any details we should know about before we visit the property. We need to know about anything that will affect the time taken for us to complete our work, including specific details regarding the location and boundaries of the property, access and egress to the property, the location and operation of alarm and lighting panels, whether pets and animals within the property are dangerous, whether power to the property has be cut off and so on. Also, you need to advise us before the shoot about any specific shots you require us to include (or to avoid) or features that we might miss or deem not worthy to include (for example, "hidden" rooms, rooms that appear to be storage areas and are likely to be missed, ornate ceiling roses and cornices that may be of interest to potential buyers, and tack rooms or stables on horse properties).
ACCESS TO PROPERTY
You are responsible for ensuring that we are legally entitled to be on the property and that it is safe to do so. You are responsible for damage caused to our equipment on-site by any person or animal present at the property. We will take all efforts to ensure that property is not damaged by us, however, as an invitee to the property, we are not liable for accidental damage to any structure or item therein, unless it can be shown that we caused the damage intentionally. You will indemnify us against all claims, actions, costs, losses, damages, charges or other liabilities arising out of any claims made by any party against us as a result of us being on the property.
ACCESS TO SERVICES
You agree to allow us to access without charge to power, water, air conditioning and toilet facilities at the property, unless the property is tenanted.
You agree to reimburse us for additional expenses reasonably incurred by us that relate to the assignment, for example equipment hire and parking fees (but not parking fines).
Our fees include travel within the Perth metropolitan area (refer to https://en.wikipedia.org/wiki/List_of_Perth_suburbs for suburbs we cover). Travel outside the metropolitan area will be charged at an hourly rate - please contact us at the time of booking for a quote.
Additional time spent, on or off site, will, at our absolute discretion, be charged at our hourly rate in 10 minute segments or part thereof.
If you require reasonable, additional editing work, we will, at our discretion, do this at no charge, otherwise editing work will be subject to additional charges. We will not edit structural items that would, in our opinion, constitute misrepresentation of the property at the time that the property is sold unless you authorise us to do so in writing.
We will deliver the materials by the close of business (5pm) of the next weekday (unless, in our opinion, we are unable to due to circumstances beyond our control, for example where there is a power outage).
When you receive materials from us, you must carefully check them to make sure they are acceptable. You agree to notify us before the materials are uploaded to websites and within 7 days of receipt of the materials if you believe they are not acceptable, in which case our obligation, at our sole discretion, will be to re-edit those materials, retake the parts of the property that are considered unacceptable or withdraw our involvement in relation to that property. If you notify us after the materials are uploaded or after 7 days, or if we deem that the materials are of acceptable quality, additional charges will apply for any further work carried out by us.
STORAGE OF MATERIALS
We have no obligation to store, retain or archive any of the material after they have been delivered to you. Although we may store the materials, it is ultimately your responsibility to ensure the materials that you receive are securely archived.
Invoices will generally be issued at the end of each month unless requested otherwise and must be paid within 14 days from the date on the invoice, whether or not you have received payment from your client. Where invoices are outstanding for more than 21 days after the due date, we will not undertake any further work until all overdue invoices are paid in full. Failure to make payment by the due date may result in legal action being taken to recover monies owing. Additional costs, fees and charges incurred as a result of a failure to pay are to be met by you.
All materials are made available to you as-is, as-available, and with all faults. We make no representation or warranty, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement. We further make no representation or warranty that your usage of our materials will be uninterrupted, free of computer viruses, or other damaging materials. When you access our web site, you do so at your own risk.
We shall not be liable for any indirect, special, consequential, or economic damages including, but not limited to, loss of revenue or profits, arising out of the use, or inability to use, the materials. We will, in no event, be liable for any damages to exceed the amount paid by you for accessing, acquiring, and/or using materials from us.
You agree to fully indemnify and hold us harmless from any and all claims, liabilities, costs, losses, damages, expenses, including legal fees and expenses, arising in connection with your use of the materials and this website or of any breach or alleged breach of any representation, warranty, or other promise made by you in these terms and conditions.
This agreement shall be governed by the laws of Australia and Western Australia, as the case may be. Disputes are to be dealt with by a court of competent jurisdiction within the state of Western Australia.