Terms & Conditions

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Effective Date: December 2024

These Terms and Conditions ("Agreement") govern the use of services provided by Visual Avenue, a professional photography service ("Photographer") located in New South Wales, Australia. By booking or using the services of the Photographer, you ("Client") agree to be bound by these terms.

1.1 Booking Confirmation: A booking is considered confirmed once the Client receives a written or verbal confirmation from the Photographer, and a deposit (if applicable) is paid.
1.2 Payment Terms: Full payment for services is due within 14 days from the date the invoice is issued, unless otherwise agreed upon in writing. Accepted payment method is by Bank Transfer.
1.3 Additional Fees: The Photographer reserves the right to charge additional fees for any services beyond the scope of the original agreement, including but not limited to travel costs, reshoots, or rush orders. 

1.4 Excess Travel Fees: The Photographer services up to 40km away from Adamstown Heights, New South Wales. Locations further than the 40km distance away will be charged additional travel fees per property at the Photographer's discretion. If the same client books multiple locations on the same day located outside of the 40km, each address will incur an excess travel charge starting from our office in Adamstown Heights, New South Wales. Excess travel fees cover both outbound and return travel to and from the booked address. 

2.1 Client Cancellation/Rescheduling:

• Cancellations or rescheduling requests made before the Photographer travels to the scheduled shoot will incur no penalty.
• Last minute cancellations or rescheduling requests made whilst the Photographer is travelling to / has arrived at the shoot will incur a cancellation fee of 50% of the total services booked.

2.2 Photographer Cancellation/Rescheduling:

• The Photographer reserves the right to cancel or reschedule any booking in the event of extreme weather, such as storms, heavy rain, or other dangerous conditions that may pose a risk to safety or affect the quality of the service provided.
• If the Photographer cancels or reschedules a booking due to weather conditions, every effort will be made to reschedule the service at a mutually convenient time, with no additional charge to the Client.
• The Photographer is not responsible for any additional costs incurred by the Client due to rescheduling caused by weather.

2.3 Reshoots: In the event the Client is requesting another booking to reshoot images due to unsatisfactory conditions of a property (e.g untidy property),  the Photographer reserves the right to charge and invoice for a new booking. 

3.1 Turnaround Time: Images will be delivered to the Client within 2 business days after the shoot, subject to the nature of the shoot and availability of the Photographer. Images shot on a Friday will be delivered the following Monday. Any delays to the turn around time will be notified by the Photographer to the Client at the earliest convenience.
3.2 Delivery Method: Images will be provided via a file transfer service, or other agreed-upon methods.
3.3 Image Usage: The Client is granted a license to use the images for the purpose for which they were taken (e.g., real estate listings, marketing materials). The Photographer retains full copyright of the images, any alterations and/or sharing of images to third parties for their own usage/marketing materials is in breach of Australian copyright laws and necessary action can/will be taken if the original copyright owner deems these laws have been breached.

4.1 Access to Property: The Client is responsible for ensuring that the property is accessible and that any necessary permissions are obtained for the Photographer to carry out the shoot. The Photographer reserves the right to cancel the booking and charge 50% of the services booked if these permissions have not been discussed or communicated with any parties involved. (E.g a tenant has not been made aware of a booked in photo shoot by the client.)
4.2 Preparation of Property: The Client agrees to ensure the property is clean, staged, and ready for the photo shoot. The Photographer is not responsible for staging or preparing the property.

5.1 Liability: The Photographer shall not be held liable for any loss, damage, or injury resulting from the photo shoot, including any accidents or injuries occurring on the property.
5.2 Indemnity: The Client agrees to indemnify and hold the Photographer harmless from any claims, damages, or costs arising from the use of the images, including third-party claims.

6.1 Data Collection: The Photographer will collect personal data as necessary for the purpose of completing the services (e.g., contact details, property address).
6.2 Data Use: The Photographer will not share or sell Client data to third parties without the Client’s consent, except where required by law.
6.3 Image Use Consent: The Photographer may use the images for portfolio, promotional, and marketing purposes unless the Client requests otherwise in writing prior to the shoot.

The Photographer will not be held liable for any failure or delay in performance of the services due to causes beyond the Photographer’s reasonable control, including but not limited to natural disasters, strikes, technical failures or wars.

This Agreement is governed by the laws of New South Wales, Australia. Any disputes arising from or related to this Agreement will be resolved in the courts of New South Wales.

By proceeding with the booking and paying for services, the Client acknowledges and agrees to these Terms and Conditions.

For any questions or further clarification, please contact chris@visualavenue.com.au.

End of Terms and Conditions