Legal
Terms & Licensing
Last updated: [DATE]
These terms apply to all work booked with North Swell Media unless we've agreed something different in writing.
Who owns the copyright
North Swell Media retains copyright in all images and video we produce, as the author of the work. What you receive is a licence to use it, set out below. [If you transfer copyright on some jobs, say which and what it costs.]
Business content licence
Clients receive a [perpetual, non-exclusive] licence to use the delivered content for [their own marketing, website, social media, print and paid advertising]. The licence does not permit [resale, licensing to third parties, or use by a related company without agreement]. [State whether raw or unedited footage is included — usually it is not.]
Real estate licence
Listing media is licensed to [the agent and their agency] for marketing the specific property, for the duration of the campaign and for [X months] afterwards for portfolio and testimonial use. [State clearly: whether the vendor receives their own copy; whether the images may be reused if the property is relisted with a different agent or agency; and whether a new licence fee applies then.] This is the clause that causes the most disputes in real estate media — be explicit.
Credit
[Whether you require a credit or tag on social use. A tag to @north_swell_media is usually easier to get than a written credit, and better for you.]
Booking and cancellation
[Business: X% deposit confirms the date. Real estate: booked on request, invoiced on delivery.] Cancellations more than [24] hours before the shoot are free. Inside [24] hours, [50%] of the fee is payable. Exterior and aerial work affected by weather is rescheduled at no charge.
Payment
Payment is due within 14 days of the invoice date. Bank transfer preferred. Overdue accounts may incur [interest / a late fee] of [X%]. All prices exclude GST. GST number 070-071-479.
Revisions
Each video project includes [two] rounds of revisions on the edit. Further changes are charged at $[XX] per hour. Photography is delivered edited to our standard; individual re-edits are available at $[XX] per image.
Access and site safety
Clients are responsible for arranging access to the property or site, and for telling us about any hazards beforehand. We carry [public liability insurance to $X] and work to [site induction requirements where applicable].
Drone work
Aerial work is flown under Civil Aviation Rules. We obtain the property owner's consent, and consent from occupiers of land we need to fly over, before flying. Where airspace, weather or consent prevents a planned aerial shot, we'll tell you as soon as we know and adjust the package accordingly.
File storage
Delivered files stay available in your gallery for [12] months. We archive project files for [X] years but don't guarantee recovery after delivery — please download and back up your files.
Portfolio use
We may use work produced for you in our own portfolio, website and social media unless you ask us in writing not to. If a listing or campaign is confidential, tell us at booking.