Terms & Conditions
Shane Cullen Photography
1. AGREEMENT This agreement between the photographer (hereafter “Photographer”) and the client, (hereafter “Client”) governs the assignment described in the accompanying cost estimate, and along with these Terms & Conditions, constitutes the entire agreement between the parties concerning that assignment.
2. ESTIMATES The fees quoted by the Photographer are for the original job description as presented by the Client. Any subsequent changes, whether made orally or in writing, may result in additional charges. The expenses are estimated in good faith. Actual expenses, which may be greater or less, will be invoiced.
3. PAYMENTS Client shall make payment within 30 days of invoice. Late payments will be billed a $20.00/month handling fee and 1.5%/month interest. When the estimated expenses exceed 1000.00, the client will pay them in advance of the shoot. Please make checks payable to Shane Cullen Photography.
4. COPYRIGHT Grant of any reproduction rights to the Client is conditioned upon receipt of payment in full. All rights not expressly granted shall be reserved by the Photographer. Modification of Photograph(s) and/or incorporation of Photograph(s) in any layout or concept shall not constitute a Joint Work (that is, when two or more parties prepare a work with the intent to combine their contributions into inseparable or interdependent parts). Images & articles are available for advertising purposes for a one-time use only unless otherwise stated. They cannot be used to re-sale a property or item at a later date.
5. ADDITIONAL USAGE If Client wishes to make a additional use of the photographs not covered in the initial agreement, Client shall obtain permission from the Photographer and pay an additional fee to be agreed upon.
6. CANCELLATIONS & POSTPONEMENTS In the event of a cancellation or postponement of a shoot by the Client or subject, Client shall pay all expenses incurred by the Photographer up to the time of cancellation, plus a fee to be agreed upon. If a shoot is canceled within 24 hours of departure for the shoot, Client shall also pay 50% of the anticipated photographic fee and 100% of the anticipated fees of any subcontractors booked for the job.
7. CLIENT REPRESENTATION The Client is responsible for the presence of an authorized representative at the shoot to approve the Photographer’s interpretation of the assignment. If a Client representative is not present, the Photographer’s interpretation shall be deemed acceptable.
8. INDEMNIFICATION Client hereby indemnifies and holds the Photographer harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Client's use of Photographer's work. The Photographer similarly indemnifies and holds Client harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Photographer’s negligence.
9. AUTHORSHIP CREDIT A credit in the name of Shane Cullen Photography shall accompany this photograph whenever practical.
10. TEAR SHEETS Client will provide Photographer with a printed copy or PDF of any publication his Photographs appear in.
11. TURN AROUND TIME Normal schedule for web photo gallery or processed files is 48 hours plus any retouching. There will be a 50% additional charge for 24 hour service, and 100% additional charge for same day service, plus retouching time.
12. RETOUCHING Reproduction files include basic clean-up (color correction, toning, spotting, simple blemishes removed) in the file charge. Any additional retouching requested by the Client will be billed at $200.00 per hour.
13. EXPIRATION Estimates are valid for 30 days unless signed by both parties.
14. Digital error Shane Cullen Photography will not be liable for any loss of work due to digital error through cameras, computers or memory cards.
15. DATA BACK UP It remains the responsibility of the recipient / client to back up any data connected with Shane Cullen Photography once you have received files from us. It is not the responsibility of Shane Cullen Photography to hold onto or back up images once they have been released and sent to the client.
16. EDITING Images can only be edited via Shane Cullen Photography, no manipulation of images is allowed outside of our editing.
17. CONFIDENTIALITY
All cost estimates, price lists, package structures, and proprietary business materials provided by the Photographer to the Client are strictly confidential. The Client agrees not to disclose, distribute, or share these materials, in whole or in part, with any third party
-including competitors, other photographers, or external contractors-without the express written consent of the Photographer.
18. Use of Automated Tools & Client Responsibility for Compliance
18.1 The Client (the Real Estate Agent, Agency, or Vendor) acknowledges that modern digital photographic processing utilizes automated, software-based enhancement and artificial intelligence (AI) tools. These tools may automate adjustments including, but not limited to, color correction, sky replacement, lens distortion correction, and general image sharpening.
18.2 The Photographer makes no warranty, express or implied, that the final images constitute a perfectly literal or structurally precise representation of the physical property.
18.3 The Client assumes 100% sole legal responsibility for ensuring that all marketing materials, including the provided images, comply with the Australian Consumer Law (ACL) and state-based fair trading regulations regarding misleading and deceptive conduct. The Client must physically verify the accuracy of the images against the true state of the property prior to publishing them on any public portal or marketing medium.
19. Indemnity and Limitation of Liability
19.1 To the maximum extent permitted by law, the Photographer shall not be liable to the Client or any third party (including buyers, tenants, or vendors) for any direct, indirect, or consequential loss, damages, fines, penalties, legal fees, or regulatory sanctions resulting from the publication or use of the images.
19.2 The Client agrees to indemnify, defend, and hold harmless the Photographer against any and all claims, liabilities, losses, costs, or expenses arising from claims that the imagery is misleading, deceptive, or inaccurate under Section 18 of the Australian Consumer Law, regardless of whether such inaccuracy was introduced via manual editing or automated software/AI functionality.
20. Client-Directed Structural Alterations
20.1 If the Client explicitly requests the digital removal of physical items, repair of property damage, or the inclusion of virtual staging, the Photographer will perform these services strictly as an administrative contractor at the Client’s direction.
20.2 The Client warrants that any requested modification does not conceal a known structural defect or permanently misrepresent the property in a manner that violates local fair trading guidelines. The Photographer reserves the right to refuse any modification request deemed overtly fraudulent or illegal, without impacting the payment terms of the booking.
