These Terms and Conditions (“Agreement”) apply to all photography and/or video content services (“Services”) provided by ‘Captured’ / ‘Craig Thorne’ / ‘DesignCreative P/L’ (“Photographer”) to the Client (“Client”).

1. Scope of Services

The Photographer agrees to provide commercial photography and/or video content services as specified in the written agreement, invoice, or quotation provided to the Client.

2. Fees and Payment

2.1. All fees for Services must be paid in full prior to any usage of the delivered images or video content.

2.2. No licence or right of use is granted until full payment has been received and cleared.

2.3. Payment terms and amounts are outlined in the provided invoice or quotation. Late payments may incur additional fees.

3. Usage Licence

3.1. Upon receipt of full payment, the Client is granted a non-exclusive, non-transferable usage licence for the intended and agreed-upon commercial purposes only.

3.2. The licence does not permit resale, sub-licensing, or unauthorised third-party use of the content.

3.3. For real estate agents, usage rights are strictly limited to marketing a single property listing for the specific vendor named at the time of the shoot. Use of content across multiple properties, vendors, or ongoing marketing campaigns is not permitted without prior written consent and may be subject to additional licensing fees. Please contact the Photographer to arrange extended or multiple usage rights.

3.4. Any additional or extended usage beyond the original scope must be agreed upon in writing and may incur further licensing fees.

4. Copyright and Ownership

4.1. The Photographer retains full copyright and ownership of all images and video content created, unless otherwise agreed in writing.

4.2. No transfer of copyright is implied or granted by this Agreement.

4.3. The Client is purchasing a licence to use the content, not the intellectual property itself.

5. Delivery

5.1. Final deliverables will be provided in digital format via download or other agreed means.

5.2. Turnaround time and file specifications will be as stated in the project agreement or quotation.

6. Credit and Attribution

6.1. Unless otherwise agreed, credit to the Photographer is not required for commercial use.

6.2. However, if images or videos are used in editorial or social media contexts, credit is appreciated as; “Photography by Captured.com.au” or “Video by Captured.com.au”.

7. Cancellations and Refunds

7.1. Cancellations must be made in writing. Deposits are non-refundable unless otherwise stated.

7.2. If the Client cancels after work has commenced, a pro-rata fee will be charged based on work completed.

8. Liability

8.1. The Photographer will exercise reasonable care and skill in providing the Services but is not liable for any indirect, incidental, or consequential damages arising from the use of the content.

8.2. The Photographer’s total liability under this Agreement shall not exceed the amount paid by the Client for the Services.

9. Client Responsibility

9.1. The Client is responsible for obtaining all necessary permissions, clearances, and consents for subjects, locations, and usage.

9.2. The Photographer will not be held liable for claims related to unauthorised use.

10. Governing Law

This Agreement is governed by and construed in accordance with the laws of Victoria, Australia. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.