These terms supplement the general Photography & Videography Terms & Conditions.
1. Application
These terms apply to work for clients such as:
- real-estate agents;
- property owners;
- developers;
- builders;
- architects;
- designers;
- construction businesses;
- property managers;
- hotels;
- accommodation providers;
- Airbnb/short-stay operators;
- corporations;
- retailers;
- restaurants;
- professional services;
- marketing agencies; and
- other businesses.
2. Scope
The quotation defines the project scope and may include:
- photography;
- videography;
- real-estate photography;
- interiors;
- architecture;
- construction;
- corporate portraits;
- branding;
- products;
- drone services;
- twilight photography;
- promotional video;
- editing; and
- related creative work.
3. Commercial Client
Only the Client named in the agreement receives the applicable licence unless expressly stated otherwise. Participation in a project does not automatically provide another business with a commercial licence.
4. Quotation
The quotation may identify scope, date, location, deliverables, personnel, editing, revisions, turnaround, licence, travel, permits, expenses, and price. Material scope changes may require a revised quotation.
5. Acceptance
A commercial booking is confirmed through the applicable external Commercial Client Booking Form after quotation acceptance.
6. Purchase Orders
Client purchase orders are administrative documents unless FreshDynamics Pty Ltd expressly agrees to additional conditions contained in them.
7. Payment
Invoices must be paid by their due date. Commercial usage rights commence following payment as specified in the applicable agreement.
Payments are made to:
FreshDynamics Pty Ltd trading as Akshar Photography
8. Australian Law
Nothing in these terms excludes applicable statutory protections, including Australian Consumer Law and unfair-contract-term protections where applicable.
9. Cancellation
Reasonable cancellation costs may reflect actual work, commitments and losses arising from cancellation.
10. Rescheduling
Rescheduling depends upon availability and may involve additional unavoidable costs.
11. Property Readiness
Properties should be presentation-ready before arrival. Unless included, Akshar Photography is not responsible for:
- cleaning;
- decluttering;
- styling;
- moving furniture;
- landscaping;
- moving vehicles;
- repairing defects; or
- preparing premises.
12. Preparation Delays
Where the property is not ready, Akshar Photography may proceed as-is, photograph available areas, wait where time allows, charge additional time where agreed, or arrange a return visit at additional cost.
13. Access
The Client must arrange lawful access including keys, lockboxes, management approval, tenant access, security, lifts, parking, and site induction.
14. Occupied Properties
The Client is responsible for appropriate owner/tenant permissions and access coordination.
15. Sensitive Information
Clients should remove confidential documents, financial information, security codes, identification, private correspondence, sensitive screens, and other confidential items before photography.
16. Pets
Clients are responsible for safely managing pets and animals.
17. Construction Sites
The Client must advise of inductions, PPE, restricted areas, hazards, escorts, and workplace safety requirements.
18. Unsafe Sites
Akshar Photography may refuse unsafe work.
19. Weather
Weather may require modification or rescheduling of exterior work.
20. Twilight Shoots
Clients must ensure properties and lighting are ready before the scheduled twilight window.
21. Drone Services
All aerial work remains subject to the Drone Operations & CASA Flight Safety Policy.
22. Location Information
Clients must provide accurate address and relevant site information.
23. Employees
Corporate clients should appropriately notify employees/participants where workplace photography or filming occurs.
24. Models and Talent
The commercial Client is responsible for appropriate participant releases where the Client supplies talent, unless Akshar Photography is specifically contracted to manage releases.
25. Standard Commercial Licence
Where stated in the quotation, the Standard Commercial Licence permits reasonable promotion of the commissioning Client through agreed channels.
26. Copyright
Copyright remains with FreshDynamics Pty Ltd trading as Akshar Photography or the relevant creator as described in the Copyright & Licensing Policy unless expressly assigned.
27. Real-Estate Listing Licence
A Real-Estate Listing Licence may include:
- agency website;
- realestate.com.au;
- Domain;
- listing platforms;
- agency social media;
- brochures;
- signage;
- email campaigns; and
- advertising directly connected with the property campaign.
28. Portal Syndication
Technical syndication through authorised property portals is permitted for the applicable listing campaign.
29. Real-Estate Licence Duration
Unless otherwise specified, real-estate marketing use applies to the relevant campaign plus reasonable historic portfolio/listing records. Materially new campaigns may require confirmation or relicensing.
30. Change of Agent
A new agency does not automatically inherit the commissioning agency's licence.
31. Owner Use
Property owners may ordinarily receive images for personal use if provided by the Client but do not automatically receive an unrestricted commercial licence.
32. Builders and Developers
Commissioning builders/developers may use material within their applicable commercial licence.
33. Architects and Designers
Architects/designers who did not commission the work do not automatically receive a commercial licence.
34. Trades and Suppliers
Suppliers and trades shown in a project require appropriate permission before independently using images for their own advertising.
35. Accommodation
Use for Airbnb, hotels, Stayz, Booking.com and other commercial accommodation constitutes commercial use and must fall within the relevant licence.
36. Major Advertising
Large advertising campaigns may require specific licence provisions addressing territory, duration, media, exclusivity, and campaign scale.
37. Editorial Use
Independent publications may require separate permission.
38. Vendor Use
Commercial project partners do not automatically receive independent promotional licences.
39. Marketing Agencies
Agencies may use files solely on behalf of the licensed Client unless separately authorised.
40. Resale
Clients may not resell or commercially sublicense files unless expressly authorised.
41. Copyright Buyout
A copyright assignment requires a separate written agreement and may involve additional fees.
42. Exclusivity
Licences are non-exclusive unless expressly stated otherwise.
43. Portfolio Use
Akshar Photography may request permission to showcase commercial work. Confidentiality and embargo terms take priority.
44. Confidential Projects
NDAs and agreed embargo restrictions will be honoured.
45. RAW Material
RAW and production files are excluded unless specifically included.
46. Editing
Standard editing may include selection, exposure, colour, perspective correction, cropping, basic cleanup, and ordinary post-production.
47. Property Retouching
Major removal/manipulation is excluded unless quoted.
48. Misleading Property Alteration
Akshar Photography may decline edits that materially misrepresent a property under the Australian Consumer Law.
49. Virtual Staging and AI
Clients remain responsible for ensuring virtually staged or digitally modified property advertising is lawful and not misleading.
50. Alterations
Clients should not materially alter works in a way that falsely represents Akshar Photography's work.
51. AI Training
Commercial licences do not include permission for commercial AI/model training unless expressly granted.
52. Image Quantity
Final selection remains subject to reasonable professional curation unless a quantity is specifically guaranteed.
53. Revisions
Included revisions are defined in the quotation.
54. Approval
Commercial clients should provide consolidated feedback where reasonably possible.
55. Delivery
Delivery arrangements are stated in the quotation.
56. File Formats
Formats may include JPEG, PNG, MP4, MOV, PDF, and other agreed formats.
57. Colour Variation
Display and print output can vary across devices and media.
58. Archiving
Permanent storage is not guaranteed.
59. Travel
Reasonable disclosed travel expenses may apply.
60. Parking
Reasonable parking/access costs may apply where stated or agreed.
61. Permits
Responsibility for permits and fees will be specified where known.
62. Third-Party Costs
Approved third-party project costs may be passed through.
63. Insurance
FreshDynamics Pty Ltd maintains insurance appropriate to its operations where required.
64. Liability
Nothing excludes liability that cannot lawfully be excluded.
65. Client-Supplied Material
Clients must ensure appropriate rights exist for material they supply.
66. Commercial Outcomes
Akshar Photography does not guarantee property sale price, listing enquiries, social engagement, campaign conversion, revenue, awards, or other commercial outcomes unless specifically guaranteed in writing.
67. Advertising Accuracy
The Client remains responsible for factual claims, prices, property details, measurements and other advertising statements.
68. Extended Use
Uses materially outside an existing licence should be referred to Akshar Photography for licence confirmation or extension.
69. Licence Breach
FreshDynamics Pty Ltd trading as Akshar Photography may take reasonable steps to address unauthorised use.
70. Other Policies
These Commercial Terms operate with the other Akshar Photography policies.
71. Updates
Future updates do not automatically alter already-confirmed bookings.
72. Governing Law
Applicable Australian State/Territory law will be determined by the booking agreement and mandatory law.