Definitions

“Photographer” means Focus on Property, ABN 75 644 307 917, trading as Amy Doust.

“Client” means any person or entity booking photographic or media services from Focus on Property.

“Media” means all photographs, video footage, floorplans, drone imagery, virtual staging, or other digital assets created by Focus on Property.

Booking & Cancellations

Bookings may be rescheduled or cancelled with at least 24 hours’ notice.

Cancellations made with less than 24 hours’ notice may incur a $75 cancellation fee.

Twilight shoots require special timing; changes or cancellations within 24 hours may incur a $150 fee if the slot cannot be filled.

Poor weather may require rescheduling, particularly for drone services, at no additional cost.

If the Client is not present at the agreed time and location, this will be treated as a cancellation, and fees may apply.

Payment Terms

Payment is required in full before final images, videos, or other media will be released, unless otherwise agreed to in writing.

An invoice will be issued after the shoot, and payment must be received before access to the final media is provided.

Invoices unpaid after 14 days from issue date may incur a 10% administration fee.

Ownership/Licence or use of delivered Media does not transfer to the Client until payment is received in full.

Copyright & Licensing

All copyright and intellectual property rights in the Media remain the exclusive property of Focus on Property unless otherwise agreed in writing.

The Client is granted a limited, non-exclusive, non-transferable license to use the Media solely for marketing and promotional purposes of the specific property photographed.

The license does not permit:

• Use of the Media for multiple sales campaigns of the same property.
• Use for different properties.
• Use by builders, designers, stylists, or other third parties for their own marketing or portfolios without a separate license agreement.

Third parties wishing to use Media must obtain written permission and may be subject to additional licensing fees.

If ownership of a property changes and the new owner wishes to use existing Media, a reuse license fee of $110 applies per new marketing campaign.

Media may not be altered, edited, cropped, filtered, or manipulated in any way that misrepresents the property or the work of Focus on Property. All edits must be requested directly from Focus on Property.

RAW files are not supplied under any circumstances unless agreed in writing.

Media Delivery

Edited Media will typically be available within 24–48 hours of the shoot once payment has been received in full, unless otherwise advised.

Delivery will occur via a secure download gallery or file link.

While Focus on Property will make reasonable efforts to capture requested images, specific shots cannot be guaranteed due to factors such as weather, property condition, or site access.

Reshoots & Corrections

Reshoots required due to errors by Focus on Property will be provided at no cost.

Reshoots requested for reasons outside Focus on Property’s control (e.g. property not ready, staging incomplete, no-show by Client) will be charged at standard rates.

Minor retouching (e.g. light adjustments, minor object removal) is included within reasonable limits. Complex digital editing may incur additional fees and will be quoted before work commences.

Drone & Safety Considerations

Drone services are subject to CASA (Civil Aviation Safety Authority) regulations, airspace restrictions, and safe weather conditions.

Focus on Property reserves the right to delay, modify, or cancel aerial services if required for safety or legal reasons.

Focus on Property is not liable for incomplete coverage due to legal or safety restrictions.

Model and Property Releases

The Client is responsible for securing all necessary permissions, consents, or releases for individuals, properties, artwork, furnishings, or other items appearing in the Media.

Focus on Property accepts no liability for claims arising from failure to obtain such permissions.

Virtual Staging Disclaimer

Virtual staging and digital alterations are intended to illustrate potential styling or presentation of a property. Focus on Property does not guarantee the accuracy of virtual furnishings, spatial dimensions, or colours. Buyers should rely on physical inspections.

Social Media and Promotional Use

Focus on Property reserves the right to use Media created during commissioned shoots for its own promotional purposes, including on social media, its website, and marketing materials, unless the Client requests otherwise in writing prior to the shoot.

Archiving of Media

Focus on Property will archive delivered Media for a period of 12 months. Retrieval of archived files after initial delivery may incur a retrieval fee.

Force Majeure

Focus on Property shall not be liable for delays or failure to perform services due to events beyond reasonable control, including but not limited to illness, natural disasters, severe weather, fire, flood, war, terrorism, pandemics, government restrictions, or technical failures.

In such circumstances, Focus on Property will:

• Notify the Client as soon as possible; and
• Attempt to reschedule services where feasible; or
• Refund any deposits or payments for services not performed, minus costs already incurred.

Limitation of Liability

Focus on Property’s liability for any claim, including negligence, is limited to the total amount paid by the Client for the specific services rendered.

Focus on Property is not liable for:

• Loss of profits, business, or savings
• Indirect, consequential, or incidental damages
• Delays caused by circumstances beyond its reasonable control

All Media is provided “as is,” without warranties of any kind except as required by law.

Focus on Property carries public liability insurance. However, any liability for claims remains limited as set out in this section.

Indemnity

The Client agrees to indemnify and hold harmless Focus on Property from all claims, costs, and expenses arising out of:

• Misuse of Media
• Breach of these Terms
• Publication of Media in a misleading or unlawful manner

Promotional Offers

Any promotional offers, discounts, or package pricing are offered at the sole discretion of Focus on Property and may be modified or withdrawn at any time without notice.

Governing Law and Disputes

These Terms are governed by the laws of Western Australia.

In the event of a dispute, both parties agree to seek resolution in good faith and, if necessary, through mediation before pursuing litigation.

Agreement

By booking services with Focus on Property, the Client confirms agreement to these Terms of Service. Any variations must be in writing and signed by both parties.