All bookings will be confirmed by the Photographer prior to attending appointment.

Next day delivery applies to business days only.

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

Some Photographers are independent contractors (freelancers). Where direct payment to photographer is required, this will be outlined prior to your booking.

It is at the responsibility of the Client to advise its Clients (Vendor, Tenants, Landlord) of appropriate appointment times.

If a property is unattended at arrival where access is not possible, a cancellation fee will be charged at 100% of the total booking value.

Properties outside the 60 mile radius of a Photographer, may incur additional travel charges at up to $0.50 per mile. This will be outlined to you prior to undertaking any services.

All works will be supplied to the Client electronically via email.

Works may be supplied in low-res with watermark (where possible), until full payment itemised on the invoice has been made in which the high-res images will be released.

The Photographer may invoice for services within (5) days of completion unless otherwise advised and payment must be made in accordance to the terms set out on the invoice particulars. No Licence Usage Agreement is granted or assigned either implicitly or explicitly until full payment has been received.

You agree to inspect all delivered works and notify the Photographer of any defects within (5) business days of the creation of the services and/ or products, failing which we will have no liability for any defects.

The Photographer must abide by all workplace health and safety rules, practices, laws and general respect for the property and people whenever the Photographer may be photographing a property for the client and will not be held liable to the client for an inability to cover any part of the property on these grounds. The Photographer’s liability in any case is limited to professional fees paid to the Photographer by the Client prior to the photo shoot in relation to the specific property and photo shoot. This includes in the event of Force Majeure. The Photographer accepts no liability whatsoever resulting from photographing a property for the Client. The Client warrants that any permissions, access, legal or otherwise of right of entry to the property has been obtained to allow the Photographer unfettered ability to photograph the property for the Client. The Photographer is not responsible for any action arising from being on, damage caused to or injury arising from photographing the property. The Client hereby agrees to indemnify, defend and/or hold harmless the Photographer from all claims damages, expenses and liability whatsoever arising out of or connected with any actual or threatened lawsuit, claim or legal proceedings insofar as it relates to photographing the specific property. 

Copyright of all photographs, video, floorplans or graphics in any format or on any medium created by the Photographer remain with the Photographer. The Photographer has full rights to use and/or display any photographs, video, floorplans or graphics including but not limited to web sites, brochures and social media and the client agrees to release all claims to profits that may arise from use of photographs. The Client warrants that all people associated with the property and appearing in any photographs associated with the property or surrounds have given their consent to be photographed and appear in all media thereafter. The Client hereby accepts that the Photographer has the irrevocable and unrestricted right to use and publish the photographs in which the Client and/or any other persons associated with the property may be included, to alter without restriction; and to copyright and to license use of same to others to use. The Client hereby agrees to indemnify the Photographer from any claim whatsoever from such use and also indemnifies and releases Photographer and its legal representatives and assigns from all claims and liability relating to use of said photographs. 

The Clients permitted use of the Photographers photographs, video, floorplans or graphics is usually by way of a Licence Agreement or outright purchase. We can arrange different packages and custom Licence Agreements. Please email support@realestatemedia.com for further information and pricing of photographs. In the absence of a custom Licence Agreement, and if we grant you a licence, our standard non-exclusive, individual Licence Usage Agreement that applies to all bookings then is as follows;

For the purpose of this Licence Usage Agreement the “Photographer” is M Real Estate Media a subsidiary of Nyxus Media or one of its agents, franchisees, contractors or employees. For the purpose of this Licence Usage Agreement the “Client” includes the person/entity contracting the Photographer (including anyone that receives any communications to retrieve photographs from the Photographer) and their assignees, sub-licensees and successors in title. “Photographs” includes all material provided by the Photographer including, but not limited to, images, video, graphics and floor plans. “Property” means the property (e.g. house, building or other real property) in which the Client has contracted the Photographer to photograph for the purpose of a property “listing”. A Listing means the property is marketed for the purpose of a sale, rent or lease.

All copyright in the photographs, remain the property of the Photographer.

This individual, non-exclusive Licence Usage Agreement grants the Client a limited usage right to reproduce, publicly display, and distribute the Photographs only for promotional or advertising purposes directly related to the listing of the Property and the Licence Usage Agreement expires when the purpose of the listing is first achieved. This Licence Usage Agreement is not transferable and the client cannot resell, license or sub-licence, gift, assign or transfer any rights whatsoever in the photographs. If the Client breaches this agreement the Licence Usage Agreement will immediately terminate.

The Termination of this Agreement or the ending of any Licence Usage Agreement shall not affect any right of action which may have accrued to either party in respect of any breach prior to the date of such Termination or the ending of any Licence Usage Agreement.

This Agreement shall be governed by and construed in accordance with the laws from time to time in force in the Jurisdiction and the parties submit to the exclusive jurisdiction of the Courts of their respected County.

Severability, if one or more of the provisions contained in this Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable. The non-exercise of or delay in exercising a right of a party shall not operate as a waiver of that right, nor does a single exercise of a right preclude another exercise of it or the exercise of other rights.