Booking my real estate photography, video, floorplan and other media services is subject to the following terms of service. By engaging Michael Blyde Photography for these services, you agree to be bound by these terms and conditions.
1.1 You are my client. A legal contract is created between us when you engage me to create photographs, video and other digital content.
1.2 I am an independent contractor, not an employee or “work for hire” arrangement. Accordingly, you cannot make agreements, appointments or other undertakings on my behalf.
1.3 By default, our engagement does not provide any media ownership or usage rights to the vendor / property owner.
1.4 It is the clients responsibility to inform property owners and other interested parties of these terms.
2.1 The client will ensure access to the property at the agreed time. Delayed access or collecting and returning keys to a second location may attract additional charges.
2.2 Exclusive access is required during the booking. The client must ensure no other contractors (e.g., cleaners, painters, stagers) are working at the property.
2.3 Properties must be ‘shoot-ready’ upon arrival. The photographer is not responsible for decluttering, moving furniture, or cleaning. If the property is not ready, the photographer may shoot ‘as-is’ or charge a waiting fee while the client / vendor prepares the home. Requests to remove items digitally may attract additional editing fees.
2.4 Clients / Vendors cleaning as we go or moving items room to room may prevent the shoot from being completed in the allotted time. Any extra time required will be billed at an additional rate, if availability permits.
2.5 All pets must be secured or removed from the property prior to the photographer’s arrival.
3.1 The client will provide clear detailed instructions of any specific items, features and angles that should be included or avoided.
3.2 If no such instructions are provided, it is considered that the photographers interpretation is appropriate.
4.1 Digital media will be delivered via a Google Drive link. You can expect delivery within 36 hours of the shoot, however it may take longer in peak periods.
4.2 It is the client’s responsibility to download and back-up the media and ensure their own virus protection when downloading files.
4.3 Unless arranged otherwise, images will be delivered as jpeg files 1920px wide. All images will be in landscape orientation unless otherwise requested, in advance. Please let me know if you need a higher resolution for print.
4.4 Video will be delivered as 1920×1080 mp4 files. All video will be in landscape orientation unless otherwise requested, in advance.
4.5 Floor plans are provided in jpeg format, min 1920px wide, in landscape orientation.
4.6 Media delivery link will remain active for 30 days, redelivery after this point may attract an additional fee.
5.1 Editing will be done as per the photographer’s editing style, which the client is familiar with having viewed the portfolio at MichaelBlyde.com/real-estate.
5.2 One initial round of standard photo editing is included. Additional editing (eg digital de-clutter, advanced object removal) or other revisions is at an additional hourly rate.
5.3 For video content there is an allowance for one basic revision after delivery. Clients will provide detailed instructions, including timestamps, of any changes to be made.
5.4 Clients will provide in advance any third-party content to be included in the videos. This includes logos, fonts, music and content provided by the vendor or other thirds party. The client warrants that they have obtained all necessary legal rights to use such content. Any inclusion of content provided after delivery of produced media will be charged as editing / hr.
5.5 Client will advise in advance of any music preferences for video content. If no preference is given, then the photographers choice will be appropriate. Changing music after delivery is not a standard revision and will be charged as editing / hr.
5.6 Client will notify of any additional editing requests within 72 hours of delivery.
5.7 Returning to the property to reshoot for more favourable weather, changes in furniture, landscaping / other property features or to capture angles / features not previously advised will attract a re-shoot fee.
6.1 Payment is required before delivery unless agreed otherwise.
6.2 International and / or credit card payments may attract an additional fee.
7.1 Michael Blyde Photography retains ownership and copyright on all media.
7.2 Clients are granted a non-exclusive, non-transferable license to use the media for the marketing of the property during the listing period with the current agency only. This license expires once the property is sold or the listing agreement is terminated. No ownership rights are granted or implied.
7.3 Images can be supplied to 3rd party websites, publishers, printers and social media for the purpose of directly marketing the property. No further use by 3rd parties is permitted.
7.4 Re-use of the media after the property has sold, or the agreement between the client and property owner is terminated is not permitted. Re-use of the media for marketing other properties is not permitted, E.g., other units in the same complex.
7.5 If the agreement between the client and property owner is terminated, Michael Blyde Photography may re-license the media.
7.6 Media showing local features such as parks, beaches, shopping areas and common amenities may not be re-used for marketing other properties.
7.7 Apart from basic cropping, use of overlay text and graphics, additional editing or use of filters is not permitted.
7.8 Using AI to create derivative works that compete with my services is not permitted. E.g. virtual twilight, photo to video animation.
7.9 Using the media for the training of AI models or machine learning algorithms is strictly prohibited.
7.10 The Client is responsible for payment of additional license fees for any unauthorized usage by the Client, or for any copyright infringement resulting from the Client providing the media to unauthorized third parties.
7.11 Michael Blyde Photography reserves the right to use any images created for self-promotion, website portfolios, social media, and competition entries, unless a confidentiality agreement is signed prior to the shoot.
8.1 Booking may be cancelled up to 48 hours prior without charge.
8.2 The following cancellations fees may be charged at the photographer’s discretion.
Bookings cancelled the day prior: $55.
Bookings cancelled on the day of shoot: $110.
Bookings cancelled within 1 hour of shoot: $110 + 20% of the full fee.
Bookings cancelled on-site: $110 + 35% of the full fee.
Bookings cancelled after shoot completed: 100% of the full fee.
8.3 In the event of rain or other adverse weather, the client may reschedule the booking without penalty up to 3 hours before the shoot. Overcast skies are not considered adverse weather and shoots will proceed (sky replacement editing can be used).
9.1 Michael Blyde Photography reserves the right to postpone the shoot if the environment is unsafe, hazardous or unlawful, including but not limited to sexual harassment or behaviour that is violent or offensive.
9.2 Work outdoors will not proceed during adverse weather such as rain, lightning, strong winds.
9.3 Use of drones is strictly subject to CASA sub 2kg excluded category restrictions.
10.1 Michael Blyde Photography may engage an associate photographer or sub-contractor to perform part or all of the services.
10.2 Associate photographers and sub-contractors will be properly briefed by Michael Blyde Photography and adhere to the same high standards.
11.1 We will take all reasonable precautions to prevent any damage to the property or items during the photoshoot. However, we are not liable for any damages that may occur to the property, including any accidental damages during the shoot. We recommend ensuring that all valuable or fragile items are properly secured or removed before the shoot.
11.2 Our liability is strictly limited to the amount paid for the specific services rendered, and we shall not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of income, delay, or loss of data, arising out of or in connection with the services provided.
11.3 The photographer accepts no responsibility for the safety or welfare of pets or other animals that are left unrestrained on the property, including pets escaping through open doors while equipment is being moved.
11.4 Floor plans and measurements are approximate and for marketing purposes only. They should not be relied upon for valuation, construction, or renovation.
11.5 The client assumes all responsibility for the usage of digitally manipulated images (e.g., digital decluttering, or item removal). It is the client’s sole responsibility to ensure that such images adhere to relevant advertising laws and truth-in-advertising standards, including appropriate disclosure to buyers.
12.1 These terms must be read and construed according to the laws of NSW, Australia. The parties submit to the jurisdiction of that state.