Terms & Conditions

By hiring Ray Creative for photography, videography, floor plan and other services you are bound by the following Terms and Conditions. This constitutes a legal agreement between you and Ray Creative.

Booking

Bookings are accepted via website, phone or email address. Your preferred date and time are subject to availability. If no photographers are available, alternative date and time will be offered.

It is the client’s responsibility to provide accurate information when booking an appointment. Ray Creative does not accept any liability for any misinformation.

All bookings are confirmed by Ray Creative via email prior to attending the appointment. If any details are incorrect, please notify us at info@raycreative.com.au.

Photography Session

All properties are shot ‘as is’. It is the client’s responsibility to ensure the property is ready for the photography session, i.e. clean and decluttered, before the photographer(s) arrives for the photoshoot.

Unless previously instructed by the client as to specific shots desired, Ray Creative will use their skills and creativity to photograph the property and showcase it in the best possible way.

Delivery

Final images and/or videos are delivered via a private folder in cloud storage within 24-48 hours (applies to business days only). The link to access the folder will be sent to the client’s email address.

The folder will remain open for downloading for a period of 30 days.

Once images and/or videos are provided, Ray Creative is released from any liability due to loss or damage of images and/or videos and any obligation to maintain copies of any digital files from the photography session. If digital files are lost or damaged before being provided to the client, then a re-shoot will be booked at no cost.

The client understands that provided digital files are their responsibility to backup, store and maintain. Ray Creative does however keep and archive final images and/or videos for an indefinite amount of time and should the worst happen and the client requires a replacement copy of images and/or videos, these may be available at a $100 restoration fee.

Payment

Invoices are provided by Ray Creative together with final images and/or videos, and payment is required within 7 days from the date of invoice.

Any additional fees will be advised to you prior to undertaking any services.

Cancellation

If a property is unattended at arrival in which access is not possible or the property is unpresentable, a cancellation fee will be charged at 50% of the total booking value.

Copyright

Copyright to all visual materials from the session belongs to Ray Creative. No transfer of copyright is given through the provision of digital images and/or videos unless agreed otherwise in writing. Licensing may be obtained for various applications, please contact us for more details.

Alteration, manipulation or distortion of all provided visuals are strictly prohibited.

Licence to Use

The original client who paid for the service has permission to use provided visuals for the promotion of the property. It is valid only for the duration of the property is listed for sale and cannot be reused without specific written permission.

This individual non-transferable license is only granted to the purchasing client and not to any third party, including but not limited to builders, designers, other real estate agents. Use of the images by such third parties requires written permission from Ray Creative and will be invoiced accordingly.

Images and/or videos cannot be sold or passed on to another agent who takes over an expired or withdrawn listing.

An exception to the third party is the homeowner of the property represented, who may retain a copy of the images for personal, but not commercial, use.

Limited Liability

Ray Creative takes the utmost care with respect to exposure, transportation and processing of all materials, including using professional-grade backup equipment. However, in the unlikely event of the client’s visuals being lost or destroyed, the limit of liability shall not exceed the package price. The limit of liability for a partial loss shall be a prorated amount of images lost based on the percentage of the total booking value.

Ray Creative shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of the visuals used by the client. The client shall indemnify Ray Creative against any claims and/or damages against them as a result of the clients’ use of the images or other deliverables.

Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the State of New South Wales, Australia. In the event that a dispute arises from these Terms and Conditions, the client agrees to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.