lease read all information below carefully, and if you’re happy to proceed please complete your details and submit the form at the bottom of this page.
A photography service agreement (a ‘Contract’) is required in Australia so that our services are insured and so that all parties are totally clear on the service being provided.
1. THE CONTRACT:
1.1 The representative named in the form below, for the property address also given in the form below, herein referred to as the“Client” has agreed to Nightingale Property Services, herein referred to as the “Photographer” or the “Photography Company”, and both herein referred to as “Parties”, has agreed to photographic services of the below mentioned property address, herein referred to as the “Property”, on the following terms and conditions:
2. SCOPE OF WORK:
2.1 The Photographer’s services under this Contract includes quality photos of front exterior, back exterior, gardens and yards where applicable, all interior rooms, and other areas of the property as quoted or as discussed and agreed to in writing between the Client and the Photographer in advance of the photo shoot at the Property.
2.2 The specific amount of above mentioned Property photos is varied. The different photography packages that are offered by the Photographer can be found at: http://www.nightingalepropertyservices.com.au/photography/
2.3 The photography will be carried out at the Property 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.
2.4 The Photographer will supply a checklist of recommended property presentation actions for the Client to complete leading up to the day of the scheduled photography (http://www.nightingalepropertyservices.com.au/your-property-prep-checklist/). If the Property 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 of the Property by the Client. The Photographer also reserves the right to cancel the photography appointment if the Property is not presentable for quality images. Also see section 4.5 below.
2.5 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.
2.6 The Photographer reserves the right to request access to the property for additional photography at a later time or date if the Photographer believes that lighting, weather or other conditions will be more favourable for taking quality photographs. In this instance the Photographer will seek permission from the Client to return to the Property at an agreed day / time.
2.6 The photographic services performed under this Contract includes digital image editing services.
3. DELIVERY OF PHOTOGRAPHS:
3.1 The Photographer will deliver a low resolution web-view gallery of the Property photos for the Client to review within 2 business days of completing the photography at the Property, or within another timeframe as specified by the Photography Package ordered.
3.2 Full resolution images will not be provided for download until agreed fees are paid in full.
3.3 The Photographer will send the Client an e-mail with a link and instructions on downloading the full resolution Property photos, the same day as payment is received and within normal business hours.
4. FEES:
4.1 The Client agrees to pay the Photography Company the full amount in the quote that was agreed to for the delivery of the photography services.
4.2 All fees must be paid within two days of completing the photography at the Property, and / or in advance of receiving your full resolution images.
4.3 The Client agrees to pay the Photography Company all fees within two days of completion of the photography at the property, even in the event that the Client has a change of mind about the services, or the Property is no longer going to be marketed.
4.4 In the event that the Client cancels the photographic services within 24 hours of the 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 the Photographic Company’s services within 30 days of the cancellation.
4.5. In the event that the photography cannot be completed at the Property as scheduled due to the Photographer arriving at the property and facing access restrictions, safety hazards, or finding that the Property is not presentable enough to provide quality images (if the actions in section 2.4 above have not been completed) then 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 the Photographic Company’s services within 30 days of the original appointment.
4.6 In the event that the Photographer must cancel the photography 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.
5. NOTICE OF COPYRIGHT:
5.1 The Photographer is owner of all photos produced. The Photographer is permitted to use photos of the Property for their personal and professional marketing and advertising purposes, and for re-sale and reproduction.
5.2 The Client is permitted to show Property photos produced by the Photographer for their personal or professional marketing use.
5.3 The Client is permitted to show the Property 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 different social media platforms. The recommended minimum attribution is as follows: “Photo(s) taken by @nightingalepropertyservices”
5.3 All photos under the Contract may not be reproduced by a third party, including but not limited to architects, builders, stagers, designers, 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.
6. DISPUTE PROCEDURE:
6.1 Any dispute arising out of this Contract shall be resolved by negotiation.
6.2 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.
6.3 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.
7. NOTICES:
7.1 All notices or demands required or permitted by the terms of this Contract will be given in writing and delivered to the parties.
8. OTHER PROVISIONS:
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.