LEADING SHOTS TERMS OF SERVICE
This Terms of Service constitutes a legally binding agreement between:
- Parties: This Terms of Service is an agreement made by and between:
- Leading Shots (ABN 80979343305), hereinafter referred to as “Leading Shots,” acting in its own name or represented by the Photographer in accordance with Leading Shots, and
- The Client or the Client’s duly authorized representative(s), vendors, developers, or any party commissioning Leading Shots for a Photography Shoot/Floor Plan/Drone Photography booking.
All Clients, their authorized representatives, vendors, developers, and end users are bound by the following terms of service, which encompass Leading Shots’ legal and copyright agreements.
- Acceptance of Terms
1.1. Acceptance: By commissioning Leading Shots for a Photography or Floor Plan service the Client and/or their authorized representative(s) confirm their complete understanding and agreement of the following Terms of Service.
- Bookings & Notice
2.1. Booking Method: Leading Shots encourages Clients to make new bookings through the official booking form available on our website at https://www.leadingshots.com.au/#contact.
- Cancellation Policy
3.1. Cancellations: Clients may cancel their real estate photography, floor plan or drone photography appointments in accordance with the following terms:
- Cancellation with at Least 12 Hours’ Notice: Clients may cancel appointments with at least 12 hours’ notice at no additional cost.
- Cancellations with Less than 12 Hours’ Notice: Cancellations made with less than 12 hours’ notice will incur an $80 cancellation fee.
- Last-Minute Cancellations and No-Shows: Last-minute cancellations made with less than 1 hours’ notice and no-shows, including situations where properties are inaccessible or not suitable for photography, will result in a $150 fee.
3.2. Exception for Unfavourable Weather: The above terms do not apply in cases of unfavourable weather conditions.
- Leading Shots’ Intellectual Property
4.1. Copyright: All images and creative media are the intellectual property of Leading Shots and are protected under Australian and International Copyright Laws, whether in physical or digital form.
4.2. License to Client: Leading Shots grants the Client (usually the realtor) a non-exclusive, non-transferable, worldwide license to use the images for direct marketing of the property for the duration of the listing. If the Client’s status changes, such as being placed into receivership or liquidation, the license is automatically revoked, and outstanding invoices remain due.
4.3. License to Vendor: Leading Shots grants the vendor a non-exclusive, perpetual personal-use license to download and copy the accompanying images. Vendors are explicitly prohibited from transferring or providing these images to a new agent who takes over the listing. The images may not be used in advertising, resold, relicensed, or sub-licensed. Leading Shots retains all rights, licenses, copyrights, titles, and ownership of the images.
4.4. Relicensing Upon Listing Transfer or End: It is expressly understood that should the listing transfer to a new agent or if the listing ends, a new license is required for the use of images for marketing purposes under the new listing agent or for any new listing. The new license shall be subject to Leading Shots’ standard licensing terms and fees, unless otherwise agreed upon.
- Client Responsibilities
5.1. Property Preparation: The Client is responsible for ensuring that the property to be photographed is adequately prepared for the photography session. This includes decluttering, organizing, and making any necessary arrangements to present the property in its best possible condition.
5.2. Consent and Releases: The Client is responsible for obtaining all necessary consents, permissions, and releases from individuals and their belongings featured in the photographs, particularly when photographing properties with tenants or occupants.
5.3 Timeliness: The Client should ensure that they, or their authorized representative, are present at the scheduled appointment time. Failure to be present may result in the Photographer’s interpretation being accepted, and the Client is bound by any approvals and job changes made by their representative(s).
5.4 Property Access: The Client is responsible for ensuring that the Photographer has access to the property at the agreed-upon time and date. If access is denied or delayed, Leading Shots reserves the right to charge a cancellation fee as per the schedule outlined in the Cancellation Policy.
5.5 Special Requests: Any specific requests or preferences regarding the photography session should be communicated to Leading Shots in advance. While every attempt will be made to accommodate such requests, the Client should understand that they are subject to feasibility and may incur additional charges.
- Floor Plans
6.1 Disclaimer: Floor Plans are indicative and for illustrative and marketing purposes only. Whilst every attempt is made to ensure their accuracy, all measurements, positioning, fixtures, fittings, and any other data shown are approximate. Leading Shots makes no guarantee, warranty, or representation as to the accuracy or completeness of floor plans and any prospective buyer should conduct their own independent investigation prior to purchasing.
It is the sole responsibility of the Client to check floor plans for any omissions prior to publishing, Leading Shots may not be held responsible for any oversights in Print or Online media.
7.1. Limitation of Liability: Leading Shots is not responsible for any damage to property during the shoot or any issues arising from the use of the images by the Client.
- Dispute Resolution
8.1. Resolution Process: Disputes arising from this agreement shall be resolved through arbitration, mediation, or another agreed-upon method at the expense of the party making the claim before resorting to legal action.
- Termination of Services
9.1. Termination Rights: Leading Shots reserves the right to terminate services or cancel bookings in cases of misconduct, non-payment, breach of terms or if it’s the best interest of Leading Shots or their Photographer/s.
10.1 Client’s Responsibility: The Client agrees to indemnify Leading Shots against any claims, losses, or liabilities resulting from the use of the images for marketing purposes.
- Special Requests
Custom Services: Terms and conditions for special services or packages not covered in the general terms will be outlined separately.
- Payment and Late Fees
12.1. Payments: Payments are to be made within 14 days from the invoice date, unless otherwise agreed upon/specified.
12.2. Late Fees: It is the Client’s responsibility to keep their account in good standing order. Remittances not received by the due date are subject to a 10% per annum late fee, compounded monthly.
12.3. Debt Collection: If a debt remains outstanding for a period of longer than 45 Days, Leading Shots may assign a Debt Collection Service to recover overdue debts. The Client agrees to cover the additional costs incurred by the Debt Collection Service.
- Additional Service Fees
13.1. Additional Charges: Leading Shots reserves the right to charge additional fees for services such as travel outside a specific radius, extra image editing, weekend/out of hours work or rush delivery.
- Force Majeure
14.1. Unforeseen Circumstances: In the event of unforeseen circumstances, such as natural disasters, illness of the Photographer, illness of the properties’ occupant/s, or any other events beyond Leading Shots’ control, Leading Shots reserves the right to reschedule or cancel a booking as deemed appropriate.
15.1. Validity of Agreement: If any part of this agreement is found to be unenforceable or invalid, the rest of the agreement remains in full force and effect.
- Governing Law
16.1. Jurisdiction: These Terms of Service are governed by the laws of Queensland, Australia. Each customer agrees that the courts of Queensland shall have jurisdiction over any disputes. Leading Shots’ intellectual property continues to be protected in all countries part of International Treaties regarding copyright laws.
- Updates to the Terms of Service
17.1. Revision Rights: Leading Shots reserves the right to update these Terms of Service at its sole discretion, with or without notice to the Client. The latest version of the Terms of Service can always be found on the website at https://www.leadingshots.com.au/terms-of-service/ and supersedes any previous versions.