Terms & Conditions

01Definitions and acceptance

These terms form the agreement between BFPHOTO and anyone who books, pays for or receives its services.

1. 1.1“BFPHOTO”, “we”, “us” and “our” means Baillie Farley trading as BFPHOTO (ABN 80 101 986 986). “Client”, “you” and “your” means the person, business or agency that makes a booking, and includes anyone acting on their behalf.
2. 1.2“Services” means photography, drone photography, floor plans, virtual staging, editing, and any related deliverables. “Deliverables” means the edited images, plans and files supplied to you. “Property” means the premises being photographed.
3. 1.3A booking request (through the website, email, phone or message) is an offer to engage BFPHOTO on these terms. A booking is confirmed only when BFPHOTO replies confirming the date and time. By confirming, attending, or accepting Deliverables, you accept these terms.
4. 1.4Where an agent, property manager or representative books on behalf of an owner, they confirm they have authority to do so, that the owner has consented to the property being photographed and marketed, and they remain jointly responsible for payment.
5. 1.5If any offer, promotion or special package has its own conditions, those conditions apply in addition to these terms. If they conflict, the offer conditions prevail for that booking only.

02Quotes and pricing

1. 2.1Package prices published on bfphoto.com.au are for a standard residential property of up to 4 bedrooms located within 10 km of Horsham, Victoria.
2. 2.2Larger homes, multi-dwelling sites, acreage, rural, lifestyle, commercial, industrial and hospitality properties are quoted individually before the shoot.
3. 2.3A quote is an estimate based on the information you provide at booking. If the property, access, scope, services or travel on the day differ from what was booked, the final price may change to reflect the work actually carried out. Where practical, any change is explained before it is undertaken; where it is not practical, it is itemised on the invoice.
4. 2.4Extras requested on or before the day (additional rooms, buildings or units, drone, twilight, 3D floor plans, virtual staging or declutter, rush delivery, additional edits) are charged at the published or quoted rate.
5. 2.5Prices may change without notice. Confirmed bookings are honoured at the price quoted for that booking.

03Travel

1. 3.1Travel is included for properties within 10 km of Horsham.
2. 3.2For properties beyond 10 km of Horsham a per-kilometre travel charge applies to the round trip from Horsham, confirmed with your booking and itemised on the invoice.
3. 3.3Where a shoot is split over more than one visit at your request, or a return visit is needed because the property was not ready or accessible, travel is charged for each visit.
4. 3.4If the property cannot be located or accessed on arrival and the shoot does not proceed, the travel charge and a call-out fee may still apply (see section 5).

04Access and property preparation

1. 4.1You are responsible for ensuring the property is accessible at the booked time and that any keys, codes, lockboxes or attending persons are arranged in advance.
2. 4.2You are responsible for presenting the property ready for photography: cleaned, decluttered, beds made, benches cleared, lights working, blinds and curtains open, vehicles moved, bins and hoses away, pool covers off, and pets secured.
3. 4.3BFPHOTO photographs the property as it is presented on arrival. Reasonable minor adjustments (moving a chair, closing a toilet lid) are made at BFPHOTO’s discretion. Time spent cleaning, tidying, moving furniture or waiting for the property to be readied may be charged at an hourly rate, or the shoot may be rescheduled with a call-out fee.
4. 4.4Items that cannot be moved, and defects in the property itself, will appear in the images. Extensive removal of items, virtual staging or declutter is a separate, quoted service.
5. 4.5For occupied or tenanted properties, you are responsible for providing any notice to occupants required by law and for obtaining their consent. BFPHOTO will not photograph people, personal documents, or identifiable personal items where it can reasonably avoid them, but is not responsible for what is visible in the property as presented.
6. 4.6BFPHOTO may decline to enter or continue in any area it considers unsafe, unhygienic or unlawful to photograph, without reduction in price.

05Weather, rescheduling and cancellation

1. 5.1Exterior, twilight and drone photography depend on suitable weather, light and safe conditions. If conditions are unsuitable, BFPHOTO may reschedule the shoot, or photograph interiors on the day and return for exteriors, at no additional charge.
2. 5.2Rescheduling or cancellation by you requires at least 24 hours’ notice before the booked time.
3. 5.3Cancellation or rescheduling with less than 24 hours’ notice, or a property that is not accessible or not ready at the booked time, may incur a call-out fee of up to 50% of the package price plus any travel charge.
4. 5.4Bookings cancelled after the shoot has commenced are payable in full.
5. 5.5BFPHOTO may reschedule where illness, equipment failure, road conditions or circumstances beyond its reasonable control prevent the shoot. In that case no fee applies and the shoot is rebooked at the earliest available time. BFPHOTO is not liable for any loss arising from a rescheduled shoot.

06Editing, deliverables and revisions

1. 6.1Deliverables are professionally edited to BFPHOTO’s house style, including exposure blending, colour correction, lens correction, sky replacement where appropriate, and the removal of minor distractions at BFPHOTO’s discretion.
2. 6.2The number of images supplied depends on the size and layout of the property and BFPHOTO’s judgement of what presents it best. A specific image count is not guaranteed unless agreed in writing.
3. 6.3One round of reasonable revisions (for example a crop or a colour adjustment) is included if requested within 7 days of delivery. Additional revisions, re-edits to a different style, or edits that misrepresent the property are quoted separately or declined.
4. 6.4BFPHOTO will not edit images in a way that misrepresents the property, its condition, its boundaries or its surroundings, and may decline such requests.
5. 6.5RAW and unedited files are not supplied.

07Delivery and gallery availability

1. 7.1Deliverables are supplied within 24–48 hours of the shoot through a private online gallery. Delivery times are a guide, not a guarantee, and may extend in peak periods, where weather delays exteriors, or where a floor plan or staging is being produced.
2. 7.2Galleries are available for 28 days from delivery. After that the files are permanently removed from BFPHOTO’s systems and cannot be recovered. It is your responsibility to download and back up the full-resolution files within that period.
3. 7.3Files required after removal will require a new shoot at the standard rate. BFPHOTO does not guarantee to retain any archive of your images.
4. 7.4Expiry of a gallery does not cancel an invoice. The work has been completed and the invoice remains payable whether or not the files were downloaded.

08Invoicing and payment

1. 8.1An invoice is issued with every delivery and is payable within 7 days by card or bank transfer using the details on the invoice.
2. 8.2Full-resolution files and floor plans are released on payment. Approved account clients receive files on delivery; if an invoice remains unpaid after its due date, downloads are paused and account terms are withdrawn for future work.
3. 8.3Pay only to the account details printed on the invoice you have received. BFPHOTO will never email you asking to change payment details. If anything about the details looks unusual, contact BFPHOTO through the website before paying.
4. 8.4Overdue invoices may be referred to a collection agency and reasonable costs of recovery, including agency fees, may be added to the amount owing.
5. 8.5Where an agent books on behalf of a vendor, the agent is responsible for payment regardless of any arrangement between the agent and the vendor.

09No refunds

1. 9.1Because the Services are performed on the day and the Deliverables are digital, no refund is available once the shoot has taken place or files have been downloaded.
2. 9.2If you believe there is a genuine fault with the Deliverables, contact BFPHOTO within 7 days of delivery. Genuine faults will be corrected or the affected part re-shot at no charge. This is your sole remedy for faults.
3. 9.3Change of mind, a property not selling or leasing, a listing being withdrawn, a change of agent, or dissatisfaction with how the property itself presents are not grounds for a refund or a discount.
4. 9.4Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded.

10Copyright and licence

1. 10.1Copyright and all other intellectual property in the Deliverables remains with BFPHOTO (Baillie Farley). Nothing in these terms transfers ownership of copyright.
2. 10.2On full payment you receive a non-exclusive, non-transferable licence to use the Deliverables to market the Property for sale or lease, including listing portals, social media, print, signboards, brochures, email campaigns and the booking agency’s own portfolio.
3. 10.3The licence applies to the marketing campaign current at the time of the shoot. Re-use for a later sale or lease, use by a different agent, owner or business, or use for any purpose unrelated to marketing that Property requires a new licence from BFPHOTO, which may involve a fee.
4. 10.4The Deliverables must not be sold, sublicensed, supplied to third parties for unrelated use, entered into competitions, used for AI training, or altered in a way that misrepresents the Property. Watermarks and credits must not be removed from preview images.
5. 10.5BFPHOTO may use the Deliverables for its own portfolio, website, social media, advertising and competitions unless you request otherwise in writing before the shoot. Addresses and identifying details are not published with portfolio images.
6. 10.6Unauthorised use of the Deliverables is a breach of these terms and of copyright law, and may be invoiced at BFPHOTO’s standard licensing rates in addition to any other remedy.

11Drone and aerial photography

1. 11.1Aerial work is carried out in accordance with Civil Aviation Safety Authority (CASA) rules and any applicable local restrictions.
2. 11.2Whether a flight can proceed depends on weather, wind, visibility, airspace restrictions, proximity to people, roads and buildings, and the safety of the site. Where a flight cannot lawfully or safely proceed, the drone component is rescheduled or, if it cannot be rescheduled, refunded, and the rest of the shoot proceeds.
3. 11.3You are responsible for advising BFPHOTO of any known restrictions, sensitivities or neighbour concerns affecting the Property, and for obtaining any permissions required from third parties whose land must be overflown.
4. 11.4Aerial images may incidentally include neighbouring properties, roads and public areas. BFPHOTO takes reasonable steps to minimise this but cannot guarantee their exclusion.

12Floor plans

1. 12.1Floor plans are produced from on-site scans and are indicative only. Room dimensions, areas and orientations are approximate and may vary from the actual property.
2. 12.2Floor plans are not a survey, are not to scale unless stated, and must not be relied on for legal, construction, valuation, compliance, insurance or any purpose other than general marketing illustration.
3. 12.3You are responsible for adding any disclaimer required by law or by the listing portal when a floor plan is published.

13Virtual staging and declutter

1. 13.1Virtually staged or decluttered images are digital illustrations. Furniture, finishes and removed items do not exist as shown.
2. 13.2You are responsible for disclosing virtual staging in any listing as required by law, industry codes or portal rules, and for ensuring at least one unaltered image of each staged room is available where required.
3. 13.3BFPHOTO will not virtually remove permanent fixtures, structural elements, defects or boundaries in a way that misrepresents the Property.

14Liability

1. 14.1BFPHOTO takes reasonable care on site but is not responsible for pre-existing damage, wear, or for items moved at your request.
2. 14.2You are responsible for the safety of the Property and must disclose any hazards (unsafe floors, animals, chemicals, works in progress) before the shoot.
3. 14.3To the extent permitted by law, BFPHOTO’s total liability for any claim relating to a booking is limited to the amount paid for that booking. BFPHOTO is not liable for indirect or consequential loss, including loss of sale, rental income, bookings, profit or opportunity.
4. 14.4If Deliverables are lost, corrupted or unusable before delivery due to equipment failure or circumstances beyond BFPHOTO’s control, BFPHOTO will re-shoot at no charge as your sole remedy.
5. 14.5BFPHOTO is not liable for delay or failure caused by events beyond its reasonable control, including severe weather, road closures, illness, power or internet outages, or third-party service failures.

15Privacy

1. 15.1Names, contact details and property addresses are collected only to deliver galleries, invoices and job-related communication, and are handled in accordance with the Australian Privacy Principles.
2. 15.2Gallery links are private and unlisted. BFPHOTO does not sell or share client data with third parties other than the service providers needed to deliver the Services (hosting, payments and email).
3. 15.3You may ask BFPHOTO to correct or delete your personal information at any time through the website contact form, subject to record-keeping obligations.

16General

1. 16.1These terms are governed by the laws of Victoria, Australia, and the parties submit to the jurisdiction of its courts.
2. 16.2If any part of these terms is found to be invalid or unenforceable, the remainder continues in effect.
3. 16.3A failure by BFPHOTO to enforce any term is not a waiver of that term.
4. 16.4BFPHOTO may update these terms from time to time. The version published at bfphoto.com.au/terms at the time of your booking applies to that booking.
5. 16.5Any dispute should first be raised with BFPHOTO through the website contact form. Both parties agree to attempt to resolve it in good faith before taking any other step.