TERMS & CONDITIONS
1. Definitions
"The Agency", "the Advertiser", and "the Client" include their respective successors and permitted assignees.
"The Producer" means Illuminate Agency Aus Pty Ltd, trading as Illuminate Film & Image, and its contracted photographers, videographers, and crew.
"Deliverables" or "Photographs" means all photographic, video, or other material supplied by the Producer, including digital files, prints, or any other format.
"Licence" means the usage rights granted to the Client under these Terms.
"Quotation" means the written proposal, quote, or booking confirmation issued by the Producer for a specific project.
2. Acceptance & Formation of Agreement
Acceptance of a Quotation, whether in writing, by email, or by payment of the deposit, constitutes acceptance of these Terms and forms a binding agreement between the Client and the Producer.
These Terms, together with the relevant Quotation, constitute the entire agreement between the parties and override any prior discussions, representations, or understandings. Any variations must be agreed in writing and signed by both parties.
3. Scope of Work
The Quotation defines the agreed services and Deliverables for the project. Work requested outside this scope constitutes a variation and may incur additional fees and revised timelines, to be agreed before the additional work commences.
4. Producer Assignment
Allocation of photographers, videographers, and crew is based on availability. While the Producer will always try to accommodate a preferred team member, it cannot guarantee a specific individual for any booking.
5. Property Readiness & Client Responsibilities
The Client must ensure the property is fully cleaned, styled, and ready before the Producer's arrival. The Producer's team will not move furniture, declutter, or physically stage the property.
The Client must provide all information, approvals, access, and materials required for the project in a timely manner. The Producer is not liable for delays caused by the Client's failure to do so.
If the Producer arrives and the shoot cannot be completed due to lack of access or an unprepared property, a trip fee or cancellation fee may apply, as set out in clause 9.
6. Deposit & Booking
A 50% deposit is required to secure a booking, and work will not commence until the deposit is received in cleared funds. First-time Clients may be required to pay 100% of the fee upfront in lieu of the standard deposit, at the Producer's discretion. For productions with a total fee exceeding $5,000, the 50% deposit is due no later than seven (7) days before production begins, with the balance invoiced on delivery in accordance with clause 7.
If a booking is cancelled outright (as distinct from a shoot-day cancellation under clause 8), the deposit is retained only to the extent it reflects work completed, time allocated, or costs already incurred by the Producer. Any excess is refunded to the Client within 14 days. Nothing in this clause affects the Client's rights under the Australian Consumer Law.
7. Fees & Payment Terms
Invoices are payable within 14 days of the invoice date unless otherwise agreed in writing. The Producer may suspend work or withhold Deliverables while any invoice remains overdue.
No use of the Deliverables is permitted, and no Licence is granted, until all invoices relating to the project have been paid in full.
8. Late Payment
Overdue amounts accrue interest at 10% per annum, calculated daily from the due date. The Client is liable for reasonable recovery costs, including legal and debt collection fees, proportionate to the amount outstanding.
9. Cancellations & Rescheduling
A minimum of 24 hours' notice is required to cancel or reschedule a confirmed shoot without charge. Where notice is given within 24 hours of the shoot, the Client may be charged up to 100% of the photographer's or crew's fee for that booking.
If the Producer arrives and cannot proceed due to inaccessibility or the condition of the property, a call-out fee may apply. Weather-related postponements may incur charges unless otherwise agreed in advance.
10. Project Inactivity & Termination
If the Client is unresponsive or fails to provide materials or approvals for six (6) continuous months, the Producer may terminate the engagement on 14 days' written notice. On termination, amounts already paid are retained proportionally to work completed, and any excess is refunded within 14 days. Outstanding invoices for completed work become immediately due. Nothing in this clause affects the Client's rights under the Australian Consumer Law.
11. Delivery & Revisions
Deliverables will be provided in accordance with the agreed scope. Revisions outside scope, or requested after delivery, may incur additional charges and revised timelines.
12. Reshoot Policy
If the Client is dissatisfied with the imagery, they must notify the Producer within five business days of delivery to request a complimentary reshoot. Requests made after this period will be treated as a new booking and charged accordingly. Reshoots required due to property readiness, weather, styling changes, or other Client-related issues are fully chargeable.
13. Overtime
Where an assignment exceeds eight consecutive hours, overtime may be charged at 1.5 times the standard rate for applicable crew.
14. Intellectual Property & Ownership
All intellectual property, including copyright, in the Deliverables remains the sole and exclusive property of the Producer at all times, unless otherwise agreed in writing.
The Client must not alter, edit, manipulate, or repurpose the Deliverables without the Producer's prior written approval. Edits must be made by the Producer or an approved retoucher unless otherwise agreed. Digital files may not be copied, archived, or reproduced outside the Licence granted under clause 15.
15. Licence to Use Deliverables
On full payment, the Producer grants the Client a non-exclusive, non-transferable Licence to use the Deliverables for marketing the relevant property or campaign via digital and print channels, for the duration of that campaign. Use beyond this scope requires the Producer's prior written consent and may incur additional fees. The Licence is irrevocable upon full payment, except in the event of the Client's material breach of these Terms.
Where exclusive usage terms have been agreed in the Quotation, they apply only for the period stated. If no exclusivity is specified, the Licence is non-exclusive. After expiry of any exclusivity period, the Producer may use the Deliverables for any purpose. The Client may request an extension of exclusivity for an additional fee.
16. Producer Rights
The Producer retains the right to use, reproduce, publish, and relicense the Deliverables for portfolio, website, social media, promotional, or other commercial purposes at any time, unless otherwise agreed in writing.
17. Client Materials
Any materials provided by the Client are supplied at the Client's own risk. The Client is responsible for ensuring that such materials are lawful to use and properly insured.
18. Indemnity
The Client indemnifies the Producer against any claims, legal actions, or damages arising from the Client's use of the Deliverables, any unauthorised alteration or distribution, materials supplied by the Client, or any third-party misuse.
19. Limitation of Liability
To the maximum extent permitted by law, the Producer's total liability arising from or in connection with these Terms is limited to the total fees paid by the Client for the relevant project. The Producer is not liable for indirect, incidental, or consequential loss, including loss of profit or opportunity, and accepts no liability for damages resulting from the Client's use of the Deliverables.
20. Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any rights the Client holds under the Australian Consumer Law that cannot lawfully be excluded, restricted, or modified.
21. Force Majeure
The Producer is not liable for delays or failure to perform due to events beyond its reasonable control, including natural disasters, illness, equipment failure, or government restrictions.
22. Archiving
The Producer is not required to archive files unless agreed in writing prior to the shoot. Once files are delivered, the Client is responsible for securely downloading and storing them.
23. Privacy
The Producer will keep all Client information confidential, except where disclosure is required to complete the assignment.
24. Entire Agreement
These Terms, together with the relevant Quotation, constitute the entire agreement between the parties and override any prior discussions or understandings. Any variations must be made in writing and signed by both parties.
25. Governing Law
These Terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria.