Photography, video and property marketing services
Provider: Kaboose Media Limited trading as Showhome (we, us, our). Contact: sarah@showhome.co.nz.
These terms explain how we provide our services and how you may use the content we deliver. They apply to each booking accepted under clause 1, together with the confirmed scope, price and any special conditions agreed in writing.
1. Bookings and acceptance
1.1 The client (you) is the person or legal entity identified as the customer in our booking confirmation. If you book on behalf of an agency or another entity, you confirm that you have authority to bind it. Tell us before confirmation who is responsible for payment; payment does not depend on reimbursement by a vendor or another person.
1.2 We will provide these terms before you accept the booking. A booking becomes binding when you accept them through our booking system or confirm acceptance in writing and we confirm the booking. Written instructions include email, text and messages through our booking system.
1.3 Please confirm the property address, access arrangements, services, required formats and any special shots or deadlines in writing. A specific written agreement takes priority over an inconsistent provision in these terms. Later changes to these terms apply only to future bookings accepted under the updated terms.
2. Services and pricing
2.1 The confirmed booking sets out what is included. Prices are in New Zealand dollars and include GST unless expressly stated otherwise. Travel, rural visits, extra images, additional edits and other extras are charged only where disclosed and agreed before we incur them.
2.2 We will agree to change to the scope, price or delivery time with you before doing additional work. A service or format excluded from the booking is not automatically included because it appears in an example or another package.
3. Preparing the property
3.1 You must arrange lawful access and the owner’s and occupiers’ permission for the booked work, including any required tenant notices or consents. Please have the property clean, styled and ready at the booked time, with pets secured, valuables protected and private information removed from view.
3.2 Tell us about access restrictions, alarms, hazards, fragile items and any areas that must not be photographed. We do not provide cleaning, heavy furniture moving or property styling unless agreed. If lack of access or preparation prevents the shoot, clause 4 applies; additional waiting or return visits require an agreed charge.
4. Cancellations and postponements
4.1 Please notify us as soon as possible. Notice is measured in elapsed hours before the confirmed start time. The following are maximum charges for the affected services, not automatic penalties:At least 24 hours’ notice: no cancellation or postponement charge.
4.2 Any charge will reflect our reasonable net loss, taking account of work already completed, unavoidable costs, costs saved and replacement work
secured. We will not recover the same loss twice. For a postponement, any charge is separate from the agreed price of the rescheduled work.
4.3 There is no cancellation or postponement charge where we decide that weather or safety conditions prevent the affected work, or where we cannot attend. We will offer a suitable new time. If we cannot provide an acceptable alternative, you may cancel the affected services and receive a refund of payments for work not supplied. Completed, usable services remain payable at the agreed allocation of the package price.
5. Weather and aerial work
5.1 Twilight and aerial results depend on weather, light, permissions and site conditions. We cannot promise particular skies, views or drone angles. Our operator decides whether an aerial operation can be carried out safely and lawfully and may stop or decline it.
5.2 If an included aerial or twilight service cannot be completed, we will discuss rescheduling, an agreed substitute or a reasonable price adjustment. We will agree to any additional visit charge in advance, except that no charge applies for postponement under clause 4.3.
6. Delivery and changes
6.1 Unless we confirm otherwise, our target is to deliver photos and floor plans within 24 hours of the completed shoot, and video within three working days. These are targets; tell us before booking if you need a fixed deadline. Working days exclude weekends and New Zealand public holidays observed in Wellington.
6.2 We select and edit the final content using our professional judgement and the agreed brief. Delivery includes the finished files and formats specified in the booking. RAW images, unused footage, editable project files and alternative aspect ratios are excluded unless agreed.
6.3 Please check delivery promptly and tell us about missing items, errors or requested changes, preferably within five working days. This request does not remove any legal rights. We will correct our failure to meet the agreed brief without extra charge. Changes to an approved brief, additional versions or reshoots caused by property changes will be quoted first.
7. Payment
7.1 Unless different terms are agreed in writing before booking, invoices are due 14 days from issue. A deposit or advance payment applies only where agreed before confirmation. Fees for completed work remain payable if a property is withdrawn or does not sell.
7.2 Tell us promptly about an invoice dispute and pay the undisputed amount on time. After written notice and a reasonable opportunity to pay, we may pause new work for undisputed overdue invoices. Reasonable external debt recovery costs actually incurred may be recoverable to the extent permitted by law. No late interest applies unless separately agreed in writing.
8. Copyright and permitted use
8.1 As between you and Showhome, we retain copyright in content created under the booking, including photographs, video and floor plans, except for third-party material. You expressly agree that this is an agreement to the contrary for section 21(4) of the Copyright Act 1994, including in relation to the commissioning rule in section 21(3). Paying for our services grants the licence below and does not transfer copyright. We will obtain the rights needed from our personnel and suppliers to grant that licence.
8.2 From delivery, we grant the client and the agents or agency named in the booking a non-exclusive licence to use the finished content worldwide to market the booked property for that sale or rental campaign. This
includes listing portals, websites, brochures and social media. After the campaign, they may retain historical listings and use the content in their own sold results and portfolio marketing, subject to the same restrictions and any music licence limits.
8.3 You may supply the content to portals, printers and marketing providers solely to carry out permitted uses for you. This does not give those providers any independent advertising rights. You must communicate the relevant restrictions to them and must not authorise uses outside this licence.
8.4 Another agent, agency, vendor, subsequent owner, builder, architect, stager, accommodation provider or other business needs our prior written permission to use the content for its own purposes. A new campaign by another agent or agency also requires permission. Content must not be sold, passed on for independent use or presented as another creator’s work. We may quote a separate licence fee.
8.5 You may resize, crop and add accurate branding or text for permitted marketing. Do not remove Showhome watermarks or deliberately strip copyright notices, make misleading alterations, or materially re-edit video or images without our written permission. Where practical, please credit Showhome; omission of a credit alone does not create an automatic fee.
8.6 If there is a material misuse or an undisputed unpaid invoice, we may suspend or terminate the affected licence after written notice and a reasonable opportunity to remedy. Any action must be proportionate to the breach. Statutory rights remain unaffected.
9. Virtual staging and digital alterations
9.1 Virtual staging, day-to-dusk conversions and other material digital alterations are supplied only where agreed. They are illustrations and must not be used to misrepresent the property. We may decline requests that conceal defects, invent permanent features or create a misleading impression.
9.2 We will identify materially altered images when supplied. You must preserve appropriate disclosures and ensure that the advertising as a whole accurately describes the property. A disclaimer does not make a misleading image acceptable. Showhome remains responsible for its own legal obligations.
10. Floor plans
10.1 Floor plans and measurements are approximate marketing aids. They are not surveys, architectural drawings or a guarantee of floor area, boundary positions, building consent or compliance. Verify any dimensions or areas important to a transaction through a suitably qualified professional. Please tell us about apparent errors before publication so we can investigate and correct them.
11. Music and platform restrictions
11.1 Music is subject to its own licence. We will identify any restrictions we know apply to supplied music. Music available within Instagram, Facebook or another platform may not be cleared for business advertising, boosted posts, YouTube or use elsewhere. Availability within an app does not establish permission for every use.
11.2 Use supplied videos only within the notified music permissions. Tell us before production if you need paid advertising or use across multiple platforms. If you request or add music, you must obtain the necessary rights. Platforms may mute, block or remove content; we will help address problems with music we supplied, and any replacement fee will depend on the cause and be agreed first.
12. Downloading and storage
12.1 Download and securely back up your finished files promptly. Delivery links are not a permanent archive. We generally retain delivered photos for approximately six months after delivery, after which they may be deleted
without a further reminder. This is not a guaranteed minimum retention period or a promise that video, source files or project files will be retained for that period.
12.2 If you need longer storage, please arrange it with us in writing. We cannot promise that older files will be retrievable. Where retrieval is possible, we will agree any retrieval fee before proceeding. These provisions do not limit our responsibility for initially delivering the agreed work or any rights that cannot lawfully be excluded.
13. Privacy and Showhome promotion
13.1 We use contact details, property information and access instructions to manage bookings, provide services and administer accounts. We may use editing, floor plan, booking and delivery providers, including overseas providers, with safeguards appropriate to our obligations under the Privacy Act 2020. We will protect personal information and retain it only as needed for lawful purposes. You may contact us to request access to or correction of your personal information.
13.2 Copyright ownership alone does not give us unrestricted rights to publish private material. We will use property content in Showhome’s portfolio, website, social media or awards only where the necessary permissions have been obtained. We will respect agreed confidentiality, publication embargoes and restrictions, and obtain any consent required for private or domestic commissions or identifiable people.
14. Service standards and liability
14.1 We will provide our services with reasonable care and skill. If we fail to meet the agreement, contact us so we can investigate and provide an appropriate correction, reshoot, refund or other remedy. Nothing in these terms excludes rights or remedies that cannot legally be excluded, including under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.
14.2 Subject to clause 14.1, our total liability arising from a booking is limited to the fees paid or payable for that booking, and we exclude liability for lost sales, lost profits and indirect or consequential loss. These limits do not apply to fraud, wilful misconduct, physical damage we negligently cause to your property, or liability that cannot lawfully be limited. The parties must take reasonable steps to minimise loss.
15. Disruptions and disputes
15.1 If an event outside either party’s reasonable control prevents performance, that party must notify the other and take reasonable steps to reduce the disruption. We will agree a revised plan where possible. If the affected services cannot be provided within a reasonable time, either party may cancel them; payments for services not supplied will be refunded.
15.2 Please raise concerns with us first so we can try to resolve them promptly and in good faith. Either party may seek mediation by agreement, use an available Disputes Tribunal process or exercise other legal rights. New Zealand law applies.