Terms and Conditions.
These Terms and Conditions govern the supply of all photography and video services by Gwonho. The Client is required to read them before placing a booking. By accepting a Quotation, the Client accepts these Terms and Conditions in full.
1. Interpretation
1.1 In these Terms and Conditions, unless the context requires otherwise:
- Photographer means Gwonho, a sole trader of Brisbane, Queensland, being the supplier of the Services.
- Client means the person or entity that accepts a Quotation.
- Services means the photography, videography and aerial work described in the Quotation.
- Works means all photographs, video footage and other material created by the Photographer in the course of performing the Services, whether delivered to the Client or not.
- Quotation means a written quotation issued by the Photographer to the Client.
- Engagement means a Quotation that has been accepted by the Client.
1.2 A reference to writing includes electronic mail and the forms published on this website.
2. Application of these Terms and Conditions
2.1 These Terms and Conditions apply to every Engagement and take effect on the Client's acceptance of a Quotation.
2.2 Where the Photographer and the Client have executed a separate written agreement in respect of an Engagement, that agreement prevails to the extent of any inconsistency with these Terms and Conditions.
2.3 The Photographer may amend these Terms and Conditions from time to time. The version in force at the date of the Client's acceptance of a Quotation governs that Engagement.
3. Quotations
3.1 A Quotation remains open for acceptance for 30 days from its date and is limited to the scope of work described in it.
3.2 Where the scope of work changes, the Photographer is entitled to revise the price. The Photographer must notify the Client of the revised price and obtain the Client's agreement before performing the additional work.
4. Booking
4.1 No booking is confirmed until the price and the date of attendance have been agreed by both parties in writing.
5. Price Undertaking
5.1 The Photographer undertakes to supply the Services at a price ten percent below any competing quotation produced by the Client, provided that the competing quotation satisfies each of the following requirements:
- it is in writing;
- it is current and has not expired; and
- it is for substantially the same scope of work at the same location.
5.2 A verbal figure, an advertised rate, a published price list and a quotation that omits a material part of the scope of work are not competing quotations for the purposes of clause 5.1.
5.3 The Photographer determines whether a competing quotation satisfies clause 5.1, acting reasonably.
6. Fees and Payment
6.1 Payment terms are stated on the Photographer's invoice.
6.2 Except where the parties have agreed otherwise in writing, the Works are delivered to the Client on payment of the invoice in full.
7. Postponement, Cancellation and Weather
7.1 Aerial work is dependent on weather and airspace conditions. Where conditions render a flight unsafe or unlawful, the Photographer is entitled to postpone the Engagement. That determination rests with the Photographer, who must notify the Client as early as practicable.
7.2 The Client must notify the Photographer as soon as practicable if the Client requires the Engagement to be postponed.
7.3 Where the Client cancels or postpones an Engagement at such time that the Photographer is unable to reallocate the reserved period, the Photographer is entitled to charge for the time reserved. The Photographer must notify the Client of any such charge before issuing an invoice for it.
8. Ownership of Copyright
8.1 Copyright and all other intellectual property rights in the Works vest in the Photographer on creation and remain vested in the Photographer at all times.
8.2 An Engagement confers on the Client the licence set out in clause 9 and does not operate as an assignment of copyright or of any other intellectual property right.
8.3 Clause 8.1 applies to every Engagement, including an Engagement for a private or domestic purpose. The parties expressly agree that clause 8.1 excludes and displaces the operation of subsection 35(5) of the Copyright Act 1968 (Cth), as permitted by subsection 35(3) of that Act.
9. Licence Granted to the Client
9.1 Subject to payment in full and to clause 10, the Photographer grants the Client a perpetual, worldwide, royalty free and non exclusive licence to reproduce, publish and communicate the Works for the Client's own business purposes, including on the Client's website, in social media, in property listings, in print, in advertising, on signage and in tender material.
9.2 Where the Engagement is for a private or domestic purpose, the licence in clause 9.1 extends to the Client's personal and domestic use of the Works, including reproduction in print and distribution to family and friends.
9.3 The licence is not conditional on attribution, although attribution is preferred by the Photographer.
10. Restrictions on Use
10.1 The Client must not, and must not permit any other person to:
- sell, sub licence, assign or otherwise transfer the Works or any right in them;
- supply the Works to any other business for that business to use as its own material. Where a property is transferred to a different agency, that agency must obtain its own licence from the Photographer;
- upload or submit the Works to any stock library or image marketplace;
- enter the Works in any competition or award as the Client's own work; or
- use the Works, or permit the Works to be used, to train, fine tune or otherwise develop any artificial intelligence or machine learning model.
10.2 A breach of clause 10.1 terminates the licence granted under clause 9 immediately and without notice.
11. Integrity of the Works
11.1 The Client may crop, resize and make reasonable adjustments to the Works for the purposes of the medium in which they are published.
11.2 The Client must not alter a Work so as to misrepresent its subject matter, and must not publish a Work under the name of any person other than the Photographer.
11.3 Nothing in these Terms and Conditions operates as a consent by the Photographer to any act or omission that would otherwise infringe the Photographer's moral rights under Part IX of the Copyright Act 1968 (Cth).
12. Promotional Use by the Photographer
12.1 The Photographer is entitled to reproduce and publish the Works for the purpose of promoting the Photographer's business, including on this website and in social media.
12.2 Where the Client requires an Engagement to be treated as confidential, the Client must notify the Photographer in writing before attendance, and clause 12.1 does not then apply to that Engagement. The Photographer will also withdraw a Work from publication on the Client's written request.
13. Unprocessed Files
13.1 The Photographer does not supply raw or otherwise unprocessed files. The Client is entitled to the edited Works only.
13.2 The Photographer will supply an alternative crop or format of a delivered Work on the Client's request.
14. Aerial Operations and Regulatory Compliance
14.1 The Photographer holds remotely piloted aircraft operator accreditation issued by the Civil Aviation Safety Authority, and the aircraft used is registered with that authority.
14.2 All aerial work is performed in accordance with the applicable requirements of the Civil Aviation Safety Authority. Those requirements may restrict the location, the altitude and the proximity to persons at which the aircraft may be operated.
14.3 Where an Engagement requires an authorisation, or is affected by restricted airspace, the Photographer will notify the Client at the time of quoting.
14.4 Safety and regulatory compliance take precedence over the performance of the Services. The Photographer is not in breach of an Engagement by reason of declining to capture material that cannot be captured safely or lawfully.
15. Client Obligations
15.1 The Client must provide the Photographer with access to the location at the agreed time, and must disclose any hazard or site requirement relevant to the Photographer's safety.
16. Persons Appearing in the Works
16.1 Where persons are to appear in the Works, the Client is responsible for informing those persons in advance that the Engagement is to take place.
16.2 Where a person appearing in the Works is under 18 years of age, the Photographer requires the consent of that person's parent or guardian.
17. Liability
17.1 The Client must notify the Photographer of any defect in the Services as soon as practicable, so that the Photographer may remedy it.
17.2 To the extent permitted by law, the total liability of the Photographer arising out of or in connection with an Engagement is limited to the amount paid by the Client for that Engagement.
17.3 To the extent permitted by law, the Photographer is not liable for indirect or consequential loss, including loss of profit, loss of revenue, loss of opportunity and loss arising from delay to a campaign or to a sale.
18. Australian Consumer Law
18.1 Nothing in these Terms and Conditions excludes, restricts or modifies any guarantee, right or remedy conferred on the Client by the Australian Consumer Law or by any other law where to do so would be unlawful.
18.2 Clauses 17.2 and 17.3 apply subject to clause 18.1.
19. Governing Law
19.1 These Terms and Conditions are governed by the law of Queensland, and each party submits to the non exclusive jurisdiction of the courts of that State.
20. Notices
20.1 The Photographer does not publish a postal address, an email address or a telephone number. All notices to the Photographer must be given through the contact form on this website.
Version in force from 11 September 2026.