Terms and Conditions
By hiring Dan Gardner for photography, videography, floor plan, Matterport, web design or any other services you are bound by the following terms and conditions. This constitutes a legal agreement between yourself and Dan Gardner. This extends to any agreement entered in to verbally, over electronic devices, by acceptance of estimates or by written contract.
Copyright/Image Retention
All images and files remain the copyrighted property of Dan Gardner. Dan Gardner reserves the right to use and publish images for his own advertising, in industry competitions and in other way deemed acceptable.
Photo Usage Rights
Limited usage rights are transferred to the paying client for the duration of the property listing, campaign or job the images were intended for. This is an individual and non-transferable license that allows use of the images for all marketing material and campaigns associated with promoting the specific property, product or event for the duration of the listing/campaign. This does not include future campaigns for the property.
This license is only granted to the paying client and not to any third party, including but not limited to builders, architects, staging professionals, other real estate agents, designers, publications, buyers or sellers. Use of the images by such third parties requires written permission from Dan Gardner.
Use of the images beyond the initial campaign, outside of the initial scope or by third-parties are subject to re-licensing and admin fees.
Image libraries may be purchased for a fee granting unrestricted usage by the client. Dan Gardner retains the right to use images for personal promotion, advertising and competitions.
An exception to the third party is the home owner of the property represented, who may retain a copy of the images for personal, but not commercial use.
If images are to be published in any sort of trade publication, written permission needs to be sought from Dan Gardner, and full credit to Dan Gardner is required.
Real Estate Photo Shoots
For Real Estate shoots: the client or their representative must be at the shoot unless previously arranged.
All properties will be shot ‘as is’, and it is the responsibility of the client to ensure the property is ready for photos, i.e. clean and devoid of clutter.
Unless previously instructed by the client as to specific shots desired, Dan Gardner will use their skill and creativity to photograph the property and present it in the best possible way.
If a property is deemed excessively cluttered or dirty or in any way unsuitable for photographing, Dan Gardner has the right to cancel the shoot and charge a call out fee ($80).
If the property requires Dan Gardner to move objects, clean areas or other such work outside normal scope, Dan Gardner reserves the right to charge a “glove fee” at a rate of $50 per property.
Delivery of Real Estate Photos
We will make every effort to deliver completed images, floor plans and Matterport 3D tours for Real Estate shoots within 24 hours of the completion of the shoot. Photos requiring Virtual Furniture may take up to 48 hours to deliver. We will not be held liable for delays to the delivery of any product. Images and floor plans will be delivered via Dropbox unless other arrangements have been made.
Cancellations
Cancellations for any shoot within 24 hours of the shoot will incur a $80 charge. This may not apply to weather affected shoots that are immediately re-booked.
Payment
Payment is via bank transfer within 7 days of receiving the invoice.
Deposit
Upon the acceptance of an Estimate, a 20% deposit is required to secure a job booking with the balance of the invoice payable upon the completion of the job.
Travel fees
Properties and locations further than 25km from Brisbane CBD may incur additional travel costs.
Internet Security
Whilst every attempt is made to operate in a safe and secure manner, Dan Gardner accepts no liability for security breaches and loss of data in relation to any web site, domain name, hosting account email account, Google account or any other online property.
Project Scope
Changes to the scope of any project, including additional requirements, functionality, extra content, or unreasonable revisions will incur additional fees charged at $110/hr.
Overdue Accounts and Invoices
Dan Gardner reserves the rights to charge account keeping fees for overdue invoices at a rate of $10 per calendar month. If a professional debt recovery agency is required to help secure payment of overdue and unpaid invoices, Dan Gardner reserves the right to pass on debt recovery fees to the debtor over and above the outstanding invoice and overdue account keeping fees.