Terms and Conditions.

1. Definitions

“The Agency”, “the Advertiser”, and “the Client” include their respective successors and permitted assignees. “The Photographer” means Illuminate Agency Aus Pty Ltd and its contracted photographers. “Photographs” refers to all photographic or video material supplied, including digital files, prints, or any other format. “License” refers to the usage rights granted to the Client for real estate marketing purposes.

2. Photographer Assignment

Photographer allocation is based on availability. While we will always try to accommodate preferred photographers, we cannot guarantee a specific photographer for any booking.

3. Property Readiness

The Client must ensure the property is fully cleaned, styled, and ready before our arrival. Our team will not move furniture, declutter, or physically stage the property. If we arrive and the shoot cannot be completed due to lack of access or an unprepared property, a trip or cancellation fee may apply.

4. Cancellations & Rescheduling

A minimum of 24 hours’ notice is required to avoid a cancellation fee. If notice is given within 24 hours of the shoot, the Client may be charged up to 100% of the photographer’s fee. If we arrive and cannot proceed due to inaccessibility or property condition, a call-out fee may apply. Weather postponements may incur charges unless otherwise agreed.

5. Copyright & License to Use

All copyright in the Photographs remains the exclusive property of the Photographer. The Client receives a non-exclusive and non-transferable License to use the Photographs solely for real estate marketing of the specific property captured. Any extended or alternative usage requires written consent and may incur additional fees. No use of the Photographs is permitted until all invoices are paid in full. Illuminate Agency Aus Pty Ltd retains the right to use the media for portfolio, website, social media, and promotional purposes at any time.

6. Ownership of Materials

All Photographs remain the property of the Photographer. The Client must not alter, edit, manipulate, or repurpose the images without written approval. Digital files may not be copied, archived, or reproduced outside the agreed License.

7. Exclusivity

Where exclusive usage terms have been agreed, they apply only for the period stated in the License. If no exclusivity is specified, the License is considered non-exclusive. After expiry of any exclusivity period, the Photographer may use the Photographs for any purpose. The Client may request an extension of exclusivity for an additional fee.

8. No Alteration

The Client may not alter, manipulate, or digitally modify any Photographs without the Photographer’s written approval. Edits must be made by Illuminate Agency or an approved retoucher unless otherwise agreed.

9. Client Materials

Any materials provided by the Client are supplied at the Client’s own risk. The Client is responsible for ensuring that these materials are lawful to use and properly insured.

10. Indemnity

The Client indemnifies Illuminate Agency Aus Pty Ltd against any claims, legal actions, or damages arising from the Client’s use of the Photographs, any unauthorised alteration or distribution, materials supplied by the Client, or any third-party misuse. The Photographer accepts no liability for damages resulting from the Client’s use of the Photographs.

11. Payment Terms

All fees must be paid according to the invoice terms. First-time clients are required to pay 100% of the fee upfront. For productions exceeding $5,000, a 50% payment is required seven days before production begins. Licensing to use any Photographs is not granted until payment is received in full.

12. Reshoot Policy

If the Client is dissatisfied with the imagery, they must notify us within five business days to request a complimentary reshoot. Requests made after this period will be considered a new booking and charged accordingly. Reshoots required due to property readiness, weather, styling changes, or Client-related issues will be 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. Archiving

Illuminate Agency 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.

15. Privacy

The Photographer will keep all Client information confidential except where disclosure is required to complete the assignment.

16. Entire Agreement

These Terms and Conditions 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.

17. Governing Law

This agreement is governed by the laws of Victoria, Australia.