Terms & Conditions

TATJANA ROA MEDIA

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Effective Date: JANUARY 2021

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These Terms & Conditions apply to all photography, videography, drone, floor plan, virtual staging and related media services provided by Tatjana Roa Media ("the Photographer").

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1. Acceptance

By booking a service, accepting a quotation or paying an invoice, the Client agrees to these Terms & Conditions.

2. Copyright Ownership

In accordance with the Copyright Act 1968 (Cth), Tatjana Roa Media remains the sole owner of copyright in all photographs, videos, drone footage, floor plans and other media produced unless expressly assigned in writing.

No copyright is transferred to the Client.

3. Licence Granted

Upon full payment, the Client receives a non-exclusive, non-transferable licence to use the commissioned media solely for marketing the specific property for which it was created.

The licence includes:

• realestate.com.au

• Domain

• agency website

• social media

• printed brochures

• signboards

• email marketing

• other marketing directly relating to the sale or lease of that property.

4. Duration of Licence

Unless otherwise agreed in writing, the licence automatically expires when:

• the property is sold;

• the property is withdrawn from the market;

• the marketing campaign ends.

Continued use after expiry requires written approval.

5. Restrictions

The Client may not:

• sell the images;

• sublicense them;

• transfer them to another party;

• alter them in a misleading way;

• use them for unrelated advertising;

• use them for another property.

6. Property Changes Agency

If a property changes agencies during an active sales campaign, the Photographer may, at their discretion, issue a new licence for continued marketing of that same property.

A new licence fee may apply.

7. Generic Stock Photography

• beaches

• landscapes

• aerial scenery

• towns

• attractions

• wildlife

• lifestyle imagery

remain part of Tatjana Roa Media's stock library.

These images may be licensed to multiple clients, unless an exclusive licence has been purchased.

8. Commissioned Property Photography

Tatjana Roa Media reserves all copyright in these photographs.

Tatjana Roa Media may use commissioned photographs for:

• stock photography library;

• portfolio purposes;

• client purposes;

• website;

• social media;

• awards;

• educational purposes;

• professional promotion.​

9. Portfolio Rights

Tatjana Roa Media may display commissioned work for self-promotion including:

• website

• Instagram

• Facebook

• YouTube

• printed portfolio

• awards

• competitions

• presentations.

10. Drone Operations

Drone services are conducted in accordance with CASA regulations.

Flights are subject to:

• weather

• safety

• airspace restrictions

• availability.

If drone flight cannot legally occur, an alternative service or partial refund may be offered.

11. Property Preparation

The property should be fully prepared prior to the scheduled appointment.

The Photographer is not responsible for:

• cleaning;

• decluttering;

• staging;

• gardening;

• maintenance.

Minor adjustments may be made at the Photographer's discretion.

Additional waiting time or return visits may incur additional fees.

12. Weather

Outdoor photography may be postponed due to adverse weather.

The Photographer will determine whether postponement is necessary.

13. Turnaround Times

Standard delivery:

• Photography: 1-2 business days

• Video: 2–3 business days

Urgent delivery may incur additional fees.

14. Payment

Invoices are payable within the agreed trading terms.

Late payments may attract interest and recovery costs permitted by law.

Copyright remains with Tatjana Roa Media regardless of payment.

15. Cancellation

Bookings cancelled within 24 hours may incur a cancellation fee.

If the Photographer attends and the property is not ready, a call-out fee may apply.

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16. Travel Fees

Tatjana Roa Media is based in Mission Beach, Queensland.

Travel within the Mission Beach area (Mission Beach, Wongaling Beach, South Mission Beach and Bingil Bay, Tully, Kurrimine Beach, Innisfail) is included in the quoted service fee unless otherwise stated.

Properties located outside the standard service area may incur a travel fee, calculated at the Photographer's discretion based on travel distance, time and associated expenses.

Where applicable:

• Travel fees will be disclosed and agreed upon before the booking is confirmed.

• Ferry fares, accommodation, parking fees, tolls and other out-of-pocket travel expenses required to complete the assignment are payable by the Client unless otherwise agreed in writing.

• Multiple properties booked on the same trip may be eligible for reduced travel charges at the Photographer's discretion.

• If travel is required over multiple days, reasonable accommodation and meal expenses may also be charged where agreed in advance.

17. Limitation of Liability

Tatjana Roa Media exercises reasonable skill and care.

Liability is limited to:

• resupply of services; or

• refund of the service fee,

to the extent permitted by Australian Consumer Law.

Tatjana Roa Media is not liable for indirect or consequential losses.

18. Australian Consumer Law

Nothing in these Terms excludes any rights that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.

19. Governing Law

These Terms are governed by the laws of Queensland and the Commonwealth of Australia.