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REAL ESTATE PHOTOGRAPHY SERVICE TERMS AND CONDITIONS

Reid Ayliffe terms and conditions apply to all customers, clients and end users of the services provided within Real Estate Photography service including photography, aerials, floor plans, etc.

The image license agreement between Reid Ayliffe (ABN 71 590 601 465) and the contracting client including clients of contracting client.

SECTION 1 – IMAGE USAGE

1.1 This license is non-exclusive,  non-transferable and individual. It gives the right to use the photographs on any medium, for any utilisation.

1.2 This licence is granted to you with a time limit based on the life of the property listing with the current contracting client (real estate agent) or until this agreement is terminated. The agreement terminates automatically in 1 year after the license had been granted. This license allows you to manipulate, edit and crop the photographs.

1.3 The following uses are not authorised in compliance with the licence granted to you here. Before any usage listed in this paragraph, it is mandatory to contact Reid Ayliffe (ABN 71 590 601 465) for an additional license fee. This includes any use of the digital products in third-party products or if they are to be commercialised in reports, postcards or posters. 

1.4 It is forbidden to resell, sublicense, give, lend, sub-let, distribute the whole or part of a digital product, whatever its size and resolution unless you are acting on behalf of a client as an advertising agency.

1.5 Reid Ayliffe (ABN 71 590 601 465) certifies that it is entitled to all the commercial rights on the photographs.

1.6 All rights on the photographs are owned by Reid Ayliffe (ABN 71 590 601 465). The granting of this license does not imply a transfer of ownership.

The laws on royalty and copyright protect the photographs. The photographs should be used like any other protected product.

Any representation or reproduction, complete or partial, carried out without the consent of Reid Ayliffe may be considered a breach of contract.

1.7 Reid Ayliffe (ABN 71 590 601 465) may resell image the rights to third parties, other real estate agents or advertising agencies once the current advertising campaign has ceased.

SECTION 2 – DISCLOSURE TO VENDORS, TENANTS, INVESTOR OR ANY ASSOCIATED PERSON(S)

2.1 You must disclose terms and conditions to the client, vendor, tenant, investor or any associated person(s) involved with the property that is being photographed that the images captured are bound by the image use agreement (section 1.1) and that all images captured or produced remain the property of Reid Ayliffe and may only be used for the life of the listing. 

 

2.2 The end client or any associated person(s) may obtain copies of the images for personal use only. They must not reproduce, resell or redistribute those images for commercial purposes or marketing use with another selling agent or marketing company. 

 

2.3 All photography bookings are a direct contract between Reid Ayliffe (ABN 71 590 601 465) and the company booking the job. The end client or any associated person(s) have no involvement in the contract between Reid Ayliffe (ABN 71 590 601 465) and the listing agent and have no rights over any images unless specifically requested.

 

2.4 Any third party interested in licensing images should contact Anton Gorlin Photography directly. Re-licensing fees apply.

SECTION 3 – TERMINATION

3.1 The license contained in this Agreement may terminate automatically without notice from Reid Ayliffe (ABN 71 590 601 465) if You fail to comply with any provision of this agreement or fail to pay any accounts or monies owed. Upon termination, you must immediately:

(i) stop using the Digital Products including Photos, Floor Plans and others; and

(ii) Delete any Digital Products including Photos, Floor Plans and all others and all copies from all digital media upon request of Reid Ayliffe (ABN 71 590 601 465).

SECTION 4 – RESALE

4.1 Images may be resold to vendors or interested parties, resale of images can only be done where the original contracting client has permitted for the images to be re-distributed.

 

4.2 All image resale will incur an admin and re-license fee.

SECTION 5 – GOVERNING LAWS

5.1 This Agreement will be governed in all respects by the laws of Australia. The Courts of Australia shall have the non-exclusive jurisdiction to hear any disputes under this Agreement. Notwithstanding the foregoing, Reid Ayliffe (ABN 71 590 601 465) shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Reid Ayliffe (ABN 71 590 601 465), such action is necessary or desirable.

SECTION 6 – FEES

All images are services are initially licensed at a subsided single usage rate as set out in Reid Ayliffe's current pricing.

Image re-license fee per image is $20 – $150, depending on the image.

Image infringement, copyright and ownership transfer price range based on image, circulation and usage $500 – $2,000 per image.

SECTION 7 – UNAUTHORISED IMAGE USAGE

Reid Ayliffe holds the copyright to all images, floor plans, renders and graphics produced by Reid Ayliffe's Staff and Contractors. All digital products are provided to clients under license only.

Anyone individual, company, corporation or entity using Reid Ayliffe's images without proper written authorisation may be liable for costs associated with copyright, damages, loss of business, defamation of brand. Also, images found being used in an unauthorised capacity will be subject to full copyright fees as set out in Section 7 of this document.

SECTION 8 – CANCELLATION AND RE-SCHEDULE FEES

8.1 – Cancellation of bookings must be made at least 24 hours before the actual job date/time for real estate agents. 

Cancellation/no-shows will incur the following fees :

1. No fee if cancelled 48h prior or more.
2. $100 if cancelled less than 48 hours prior or the property cannot be photographed.

Late-show will incur the following fee: $80 per hour charged per 30 minutes for the late access provision.

There is no re-schedule fee for the amendment due to the weather conditions.

SECTION 9 – DIGITAL PRODUCTS

PHOTOGRAPHY

1. Photos are generally ready on Dropbox (or similar) link 1-2 business days after the photography session.
2. Extra images can be ordered during the photography session.

FLOOR PLANS

1. The floor plans we provide are for marketing purposes only. They are not to be used as a legal document.
2. Floor plans are generally ready the following day after the shoot. 

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