Legal · v3.0
Christopher Talevski · ABN 28 352 544 658 · Newcastle, New South Wales, Australia · info@talevcreative.com.au
Definitions: In these Terms & Conditions, "Client" means any person or entity engaging our services, including but not limited to real estate agents, property owners, homeowners, developers, builders, architects, and other commercial parties. "We", "us", and "our" refer to Christopher Talevski, owner and operator of Talev Creative.
Please ensure you read and understand these Terms & Conditions before using this website, making a booking, or engaging our services. By accessing the site or confirming a booking, you agree to the terms outlined below.
All prices are exclusive of GST unless otherwise stated. GST will be added to all invoices at the applicable rate. Prices are subject to change without notice; however, a confirmed written quote will lock in the final price prior to booking.
The following surcharges apply to all services booked on weekends or public holidays:
Surcharges will be clearly reflected on your invoice. Where applicable, they will be disclosed at the time of quoting or booking confirmation. All surcharges are calculated on the pre-GST total and GST is applied to the final amount.
Estimated shoot durations for each package and service are outlined in our current pricing guide.
If a property is not ready upon our arrival, including but not limited to incomplete staging, restricted access, excessive clutter, or vendors still cleaning or preparing, we will make reasonable efforts to work around these conditions where possible. This may include reordering the shoot, such as beginning with floor plan measurements or other components while the property is being prepared.
Where these adjustments are no longer practical, for example if delays push the session beyond a workable timeframe or affect time-sensitive components such as dusk or aerial photography, additional time spent beyond scope will be charged at $100 + GST per 30 minutes.
Where delays push the session into unsuitable lighting conditions, image quality may be affected. We will advise if this is the case but cannot be held responsible for results impacted by insufficient natural light due to delays outside our control.
We reserve the right to reschedule if the property is not in a suitable condition to photograph, in which case a cancellation fee may apply.
Standard package inclusions, including the number of edited images, are outlined in our current pricing guide. Where a property genuinely requires additional images beyond the included amount due to its size or number of spaces, these will be charged at $15 + GST per additional image.
Floor plan pricing is based on standard layouts. Complex or irregular layouts may incur additional fees at our discretion. Dual-key properties are classified as Large by default. One side of a duplex is considered one floor plan. Any additional charges will be communicated prior to or at the time of delivery.
Travel is included for properties within a 20 km radius of Adamstown Heights (our base). For locations beyond this radius, a travel fee per km (round trip) applies, calculated only on the distance outside the 20 km zone using the shortest route on Google Maps.
Example: If a property is 50 km away, the chargeable distance is 60 km total, which is calculated at 30 km × 2 (includes return to zone). This ensures time and fuel costs are fairly covered for longer-distance jobs.
Key pickup is generally complimentary when arranged within the scheduled shoot route (up to 5 km). However, a key collection fee of $50 + GST may apply if pickup involves extended travel, detours, or areas where paid parking or access delays are expected (e.g. inner-city offices, busy commercial areas, or remote pickup points).
We will always advise you in advance if a key collection fee applies. Where possible, we recommend having keys on site to avoid delays and additional costs.
Where paid parking is required to complete a shoot, key collection, or any other service-related attendance, parking costs will be passed through to the Client at the exact amount incurred. These costs will be itemised separately on your invoice. Where possible, we will seek the most practical and cost-effective parking option available. Receipts are available on request.
All booking requests must be submitted in writing via email or SMS and are subject to confirmation by Talev Creative.
Talev Creative is not responsible for contacting or coordinating with vendors, tenants, building managers, tradespeople, or any other third parties to arrange or confirm booking times, property access, or site entry requirements.
It is the sole responsibility of the Client or booking party to:
By making a booking, you confirm that all required parties have been informed and that access will be available at the scheduled time. Any delays, cancellations, or failed sessions resulting from unavailable vendors, tenants, or third parties will be treated as an access issue and charged in accordance with Section 4 (Cancellation, Access & Conduct Policy).
A tax invoice is issued prior to delivery of final files. Payment must be received in full before files are released. This applies to all new client relationships unless an invoiced-on-delivery arrangement has been agreed in writing in advance.
An invoiced-on-delivery arrangement may be offered to existing clients at the sole discretion of Talev Creative. This arrangement must be confirmed in writing before it applies and is not automatically granted based on the length or frequency of the client relationship. Clients operating under this arrangement will receive a tax invoice upon delivery of final files, due within 14 days unless otherwise agreed in writing.
Automated payment reminders are issued via our accounting software at regular intervals until payment is received in full. These reminders are system-generated and do not replace any formal notices outlined in the escalation process below.
Payment is a condition of service. For new clients, files are not released until payment is received. The following escalation process applies only to clients operating under an approved invoiced-on-delivery arrangement:
We will make reasonable attempts to contact you prior to each escalation step. Suspended access and licences will be reinstated upon receipt of full payment.
The Client agrees to indemnify Christopher Talevski / Talev Creative for all costs and disbursements incurred in recovering any outstanding debt, including but not limited to:
Note: This clause applies only in genuine non-payment situations where the full escalation process outlined above has been exhausted without resolution. It is not intended to be punitive and will only be relied upon as a last resort.
Standard turnaround is up to 2 business days for photography, floor plans, and enhancements unless otherwise advised. Turnaround times for digital enhancement services (including virtual staging and decluttering) are also up to 2 business days from shoot completion; however, delays caused by third-party service providers are outside our control and will be communicated promptly.
Where a faster turnaround is required, a rush delivery fee of $50 + GST per order applies. Rush delivery is subject to availability and cannot be guaranteed during periods of high demand. Please advise at the time of booking if priority turnaround is needed.
Final files will be delivered via a secure Dropbox invitation or direct link to a Dropbox folder and will remain available for download for up to 12 months from the date of delivery, unless access is revoked due to a breach of copyright, licensing, or other terms contained within this Agreement.
Direct download links and file access must not be shared, forwarded, or provided to any third party without the prior written consent of Talev Creative. Unauthorised distribution, sharing, or provision of access to files may constitute a breach of copyright and licensing terms and may result in additional fees, licence charges, suspension of access, or other remedies as outlined in Section 5 (Usage, Licensing & Image Protection) and Section 6 (Copyright Ownership, Moral Rights & Enforcement).
While we take all reasonable steps to ensure the safe and timely delivery of your files, Talev Creative accepts no liability for loss, corruption, or inaccessibility of files caused by third-party platform failures (including but not limited to Dropbox), internet transmission issues, or circumstances beyond our control. We strongly recommend downloading and independently backing up all delivered files immediately upon receipt.
All concerns must be raised within 5 business days of receiving final files. A complimentary reshoot will be offered only in cases of genuine error (e.g. technical fault or missed inclusion clearly agreed at booking).
Requests based on styling changes, aesthetic preference, or properties presented in a condition inconsistent with what was confirmed at booking do not qualify for a complimentary reshoot. Additional reshoots will be charged at standard rates.
Refunds are not provided for change of mind or dissatisfaction unrelated to a service error. If a valid issue is confirmed, a resolution such as a reshoot or partial refund may be offered at our discretion.
Talev Creative retains original RAW files and other source materials for up to 3 months from the date of project completion. After this period, such files may be permanently deleted without notice and Talev Creative is under no obligation to retain, archive, or recover them.
Final edited images and other delivered files will be retained for up to 12 months from the date of delivery. After this period, Talev Creative may permanently delete the files without notice and is under no obligation to maintain archives or provide replacement copies.
Clients are solely responsible for downloading, backing up, and securely storing all delivered files upon receipt. Talev Creative accepts no liability for the loss, corruption, deletion, or unavailability of files after delivery, regardless of whether the retention periods stated above have expired.
We reserve the right to refuse or discontinue a shoot at any time where the property presents a genuine health or safety risk, including but not limited to structural hazards, hazardous materials, unsafe site conditions, or the presence of aggressive occupants and/or animals. In such cases, the session may be cancelled, and fees may still apply in accordance with our Cancellation Policy.
Cancellation fees apply as follows, and are charged per property:
Where a booking is located outside our standard service area and we have already departed at the time of cancellation, the applicable total travel fee will be charged in addition to the cancellation fee.
If weather conditions are likely to prevent completion of any booked service on the day, we will generally recommend rescheduling the full session to avoid multiple visits. We reserve the right to reschedule the entire booking if conditions would affect any component, including aerial photography, dusk photography or safety.
If we proceed with a partial session at the Client's request and a weather-affected component cannot be completed, a return visit to deliver that outstanding component will be arranged at no additional charge. This exemption applies strictly to weather-related delays only. Return visits required for any other reason will be quoted separately.
Rebooked dates following a weather cancellation are scheduled at our discretion based on suitable conditions and availability.
Aerial photography is subject to safe weather conditions and Civil Aviation Safety Authority (CASA) regulations. We will not fly in rain, high winds, or storms, and will not operate in regulated no-fly areas under any circumstances. We will advise in advance if a requested location falls within a no-fly area and will not proceed with the aerial component of that booking.
A fee of 70% of the total booked amount + GST applies if the shoot cannot proceed due to:
If access is not possible within 30 minutes of the scheduled start time, the session will be cancelled and a fee of 70% of the total booked amount + GST will apply. Please ensure everyone involved (tenants, vendors, occupants, staff) is aware of the booking time, access arrangements, and applicable cancellation fees before the shoot.
We are committed to a safe and respectful working environment for all parties. We reserve the right to end any session where conduct becomes aggressive, abusive, or unsafe. In such cases, the full session fee will still apply. We reserve the right to refuse a revisit following any such incident. If a revisit is approved, the Client or their representative must be present on site for the entire session.
All images and floor plans produced for real estate marketing purposes are licensed on a non-exclusive basis for the sole purpose of marketing the specific property photographed. This licence is granted upon receipt of full payment and is subject to the following conditions:
Where Talev Creative is engaged directly by a commercial client (including but not limited to builders, architects, developers, interior designers, and property stylists) to photograph a project, completed build, renovation, or other commercial subject, the following licence terms apply:
If the scope of a commercial engagement differs from the above, a tailored licensing agreement will be provided in writing prior to delivery.
All photographs, images, floor plans, and other creative content remain the intellectual property of Christopher Talevski under the Copyright Act 1968 (Cth). Clients and property vendors do not acquire ownership of the images.
Clients may retain a personal copy of delivered files for archiving and record-keeping purposes only. This means storing files in a private, non-shared location for personal reference. Archiving does not permit:
Any use beyond personal archiving requires prior written permission and may attract a licence fee.
A licence transfer applies where a property changes hands or is relisted with a different agent and the original images are required for continued use. A licence transfer covers the right to use existing images only and no new shoot is included.
Licence transfers must be arranged in writing prior to use. It is the responsibility of the property owner, new agent, or new party to contact Talev Creative directly to arrange the transfer and obtain written permission. Use of images by a new agent or party without a valid transfer licence constitutes a breach of copyright.
For builders, architects, developers, and other third parties wishing to use images for commercial purposes, a separate commercial licence is required. All licences are per property and cover existing images only and no new shoot is included.
For any editorial, commercial, or third-party use not listed above, a separate licensing agreement must be arranged in writing. If you require ongoing, multi-use, or transferable licensing, please contact us to arrange this in advance.
When providing photography to commercial parties outside of real estate listing services, images are licensed at minimum for usage on web and social media. Print, editorial, and competition usage will be priced separately and confirmed in writing prior to delivery.
Clients may crop images to fit aspect ratio requirements for listing portals and social media platforms. Beyond cropping, no modification, alteration, or manipulation of any kind is permitted without prior written consent from Talev Creative. Prohibited modifications include but are not limited to:
If any editing, retouching, or digital manipulation is required, the Client must contact Talev Creative to arrange the work. This applies to all photography and content provided, not only real estate listing images.
All delivered files contain embedded metadata, including copyright information and creator identification. The Client must not remove, alter, or strip any embedded metadata, EXIF data, or copyright information from delivered files. Stripping metadata constitutes a breach of these terms.
Mandatory photo credit is not required when images are used by the original Client within the scope of their licence. However, any third party sharing, reposting, or republishing images on social media or any other platform must provide visible photo credit to Talev Creative (e.g. "Photography: Talev Creative" or "@talev.creative").
Clients may not sub-license, redistribute, forward, or make available any images or content to any third party without prior written consent from Talev Creative. This includes but is not limited to forwarding files to other agents, property managers, developers, builders, editors, designers, stagers, or marketing firms.
If a third party requires use of the images, the Client must direct them to Talev Creative to arrange the appropriate licence. Any unauthorised distribution will be treated as a copyright breach.
Images and content produced by Talev Creative may not be used to train, develop, or improve any artificial intelligence, machine learning model, algorithm, or dataset, whether commercial or non-commercial, without prior written consent.
Where virtual staging, digital decluttering, or other enhancement services are provided, it is the Client's sole responsibility to ensure that any published marketing material clearly discloses that images have been digitally altered or virtually staged, in accordance with applicable consumer protection and real estate advertising regulations. Talev Creative accepts no liability for any claims, penalties, or disputes arising from the Client's failure to make appropriate disclosures.
Christopher Talevski (owner/operator of Talev Creative) retains full copyright ownership of all content produced under the Copyright Act 1968 (Cth). No transfer of copyright occurs at any time, regardless of payment. All rights not expressly granted in these terms are reserved.
Christopher Talevski asserts his moral rights under the Copyright Act 1968 (Cth), including the right of attribution and the right not to have work subjected to derogatory treatment. The Client agrees not to falsely attribute the work to another creator or treat the work in a manner that is prejudicial to the creator's honour or reputation.
Talev Creative reserves the right to use any images, floor plans, or content produced in the course of providing services for its own promotional purposes, including but not limited to portfolio display, website, social media, award submissions, and marketing materials. If a Client requires confidentiality for a specific project, this must be communicated in writing prior to the shoot and agreed to by Talev Creative.
If unauthorised use of images is identified, our preferred approach is to contact the relevant party directly to discuss the matter and arrange an amicable resolution, including the appropriate licence fee where applicable.
If the matter cannot be resolved through direct communication, a commercial licence invoice will be issued at the applicable rate. Continued unauthorised use following notice may result in formal legal proceedings under the Copyright Act 1968 (Cth).
The Client agrees to indemnify Talev Creative against any loss, claim, or liability arising from the Client's breach of these licensing terms or unauthorised distribution of content to third parties.
Upon expiry or revocation of a licence (whether due to property sale, non-payment, or any other reason), the Client must take all reasonable steps to remove licensed images and content from all platforms, websites, portals, and marketing materials within 14 days of the licence ending. This includes removing images from any platform or account within the Client's direct control and submitting removal requests to any third-party platform (such as listing portals) that may retain cached or archived copies.
The Client will not be held responsible for cached or archived copies retained by third-party platforms where the Client has made a genuine and documented effort to request removal. However, failure to take reasonable steps to remove content within the 14-day period will be treated as unauthorised use and may result in a commercial licence invoice or legal action.
In the course of providing services, Talev Creative may have access to private properties and may observe personal belongings, security arrangements, and other sensitive information. We will treat all such information as confidential and will not disclose it to any third party. Images of property interiors and exteriors will only be used in accordance with the licence granted and our portfolio rights described in Section 6C.
It is the Client's responsibility to ensure that any occupants, tenants, or other individuals present at the property are aware that photography is taking place and have given any necessary consent. Talev Creative will take reasonable steps to avoid capturing identifiable individuals in property photographs, but accepts no liability for incidental capture of persons on or near the property.
To the maximum extent permitted by Australian Consumer Law, Talev Creative's total liability to the Client under or in connection with these terms, whether in contract, tort (including negligence), or otherwise, is limited to the total amount paid or payable by the Client for the specific booking or service giving rise to the claim.
Talev Creative is not liable for any indirect, consequential, or special loss, including but not limited to loss of profit, loss of opportunity, or loss arising from delayed or missed listing campaigns, regardless of whether such loss was foreseeable.
Nothing in these terms excludes or limits any guarantee, condition, warranty, right, or remedy implied or imposed by the Australian Consumer Law or any other applicable legislation that cannot lawfully be excluded.
Neither party will be liable for any delay or failure to perform obligations under these terms where such delay or failure is caused by circumstances beyond the party's reasonable control, including but not limited to severe weather, natural disasters, pandemic or epidemic restrictions, government orders, equipment failure, illness, power outages, or internet or telecommunications failures.
The affected party must notify the other party as soon as reasonably practicable and take all reasonable steps to mitigate the impact. If the force majeure event continues for more than 30 days, either party may terminate the affected booking by written notice.
We are committed to resolving any disputes fairly and efficiently. If you have a concern, we ask that you follow the steps below before pursuing formal action:
Nothing in this clause limits either party's right to seek urgent injunctive or other relief from a court of competent jurisdiction.
These terms are governed by and construed in accordance with the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts entitled to hear appeals therefrom.
If any clause or provision of these terms is found to be invalid, unenforceable, or illegal by a court of competent jurisdiction, that clause or provision will be severed from the remaining terms to the extent of the invalidity or unenforceability. All remaining clauses and provisions will continue in full force and effect and will not be affected, impaired, or invalidated.
These Terms & Conditions, together with any written quote or booking confirmation, constitute the entire agreement between the parties in relation to the services provided. They supersede all prior representations, understandings, negotiations, and communications, whether written or verbal.
No variation, amendment, or waiver of any term of this agreement is effective unless made in writing and signed or confirmed in writing by both parties. Informal communications (including verbal agreements, text messages, or emails not expressly stated to be a variation of these terms) do not modify this agreement.
The Client may not assign, transfer, or sub-license any rights or obligations under these terms to any other person or entity without the prior written consent of Talev Creative. Any purported assignment without consent is void.
Talev Creative may assign or transfer its rights and obligations under these terms to a successor, assignee, or related entity (including in the event of sale of the business or succession by estate). In such cases, all existing licences granted to Clients will continue on the same terms, and the successor will be bound by all obligations owed to Clients under these terms.
By proceeding with a booking, you acknowledge and agree to be bound by the pricing, policies, and terms outlined in this document. This forms a legally binding agreement between you (the Client) and Christopher Talevski (owner/operator of Talev Creative).
This includes but is not limited to:
Talev Creative · Christopher Talevski · ABN: 28 352 544 658 · info@talevcreative.com.au
These terms are subject to change. The current version is always available at talevcreative.com.au/terms