1. Introduction

These Terms of Service ("Terms") govern the supply of services by Little Legs Studio Limited trading as Spotlight Studio ("Spotlight") to its clients ("Client").

By requesting, booking or using Spotlight's Services, the Client agrees to be bound by these Terms together with any quotation, proposal, service agreement or other written agreement entered into between the Client and Spotlight.

These Terms apply to all Services provided by Spotlight unless otherwise agreed in writing. Where the Client has entered into a separate written agreement with Spotlight, including but not limited to a partnership agreement, retainer agreement or service agreement, the terms of that agreement will prevail to the extent of any inconsistency.

Spotlight is committed to providing an exceptional client experience. These Terms are intended to clearly set out the rights and responsibilities of both parties. Where these Terms provide Spotlight with discretion, Spotlight will exercise that discretion reasonably, fairly and in good faith.

2. Definitions

For the purposes of these Terms:

Business Day means any day other than a Saturday, Sunday, New Zealand public holiday, or any day on which Spotlight has notified Clients that it is closed.

Client means any individual, company, partnership, trust or other entity engaging Spotlight to provide Services.

Deliverables means the final photographs, videos, floorplans, designs, graphics, documents or other completed work supplied by Spotlight to the Client.

Project Files means all RAW files, source footage, editing timelines, working documents, design files and any other production assets created during the course of providing the Services.

Services means any services supplied by Spotlight from time to time, including but not limited to photography, videography, drone operations, floorplans, editing, branding, content creation, marketing, consulting, social media management, graphic design and training.

Spotlight means Little Legs Studio Limited trading as Spotlight Studio.

3. Bookings

3.1 Booking Confirmation

A booking is confirmed once Spotlight has issued a calendar invitation confirming the booking details. The issue of the calendar invitation confirms that Spotlight has accepted the booking.

Acceptance or rejection of the calendar invitation by the Client is not required for the booking to be confirmed.

The Client must promptly notify Spotlight if any booking details, including the property address, requested services, booking date or booking time, are incorrect.

3.2 Changes to Bookings

Spotlight will make reasonable efforts to accommodate changes to confirmed bookings. Any requested changes are subject to availability and may result in additional charges where they alter the original scope of work or require rescheduling.

Any additional Services requested after a booking has been confirmed may be quoted and invoiced separately.

4. Property Access and Readiness

The Client is responsible for ensuring that the property is ready for photography or filming at the scheduled booking time.

This includes ensuring that:

• the property is presented in a clean and photo-ready condition;

• all requested areas are accessible;

• keys, lockbox codes or access instructions have been supplied where required;

• power and lighting are available where reasonably necessary;

• pets are secured; and

• any required permissions have been obtained.

The property must be ready when the Spotlight team member arrives.

If the property is not ready, Spotlight may, at its discretion:

• proceed with the Services using the property in its existing condition;

• wait where reasonably practical;

• reschedule the booking; or

• apply the applicable cancellation fee or call-out fee.

Where a return visit is required because the property was not ready or could not be accessed, additional charges may apply.

5. Creative and Operational Discretion

Spotlight retains full discretion over the creative and technical execution of the Services, including photography, videography, editing, colour grading, framing, composition, music selection and the overall presentation of the Deliverables unless otherwise agreed in writing.

Spotlight also retains sole discretion to determine whether Services can be safely and legally completed. This includes decisions relating to weather conditions, lighting conditions, drone operations, site safety, Civil Aviation Authority of New Zealand (CAA) requirements, restricted airspace and any other operational, legal or safety considerations.

Where Spotlight determines that all or part of the Services cannot be completed safely or legally, Spotlight may modify, postpone or omit that portion of the Services without liability. Where reasonably practicable, Spotlight will work with the Client to determine an appropriate alternative.

6. Cancellation and Rescheduling

Bookings cancelled before 1.00 pm on the previous Business Day may be cancelled or rescheduled without charge.

Bookings cancelled after 1.00 pm on the previous Business Day may incur a cancellation fee of $200.00 (including GST).

Where a Spotlight team member has already arrived on site or is travelling to the booking at the time of cancellation, a cancellation fee of $500.00 (including GST) may apply.

Where a booking cannot proceed because the property is not ready, access is unavailable, keys have not been supplied or another circumstance outside Spotlight's reasonable control prevents the Services from being completed, the applicable cancellation or call-out fee may apply.

Where weather conditions make it unsafe or unsuitable to complete the booked Services, Spotlight will determine whether the booking should proceed. If Spotlight postpones the booking before arriving on site, the booking may be rescheduled without charge.

7. Turnaround Times

Spotlight aims to deliver completed Services within the following timeframes:

• Photos, floorplans and standard property Deliverables: Next Business Day.

• Property videos and reels: Within three (3) Business Days.

• Brand content, campaign content, social media management and larger marketing projects: Timeframes will be agreed with the Client before work commences.

Turnaround times are calculated from the date of the booked Service, with the shoot day being Day 0.

For the purposes of calculating turnaround times, Business Days exclude weekends, New Zealand public holidays, scheduled business shutdowns (including the Christmas and New Year period) and any other day on which Spotlight has advised Clients that it is closed.

Turnaround times commence once the booked Services have been completed and Spotlight has received all information, approvals and materials reasonably required to complete the Deliverables.

While Spotlight will use reasonable endeavours to meet its published turnaround times, they are estimates only and are not guaranteed. Delivery may be affected by circumstances beyond Spotlight's reasonable control.

8. Revisions

Any request to revise completed Deliverables must be submitted within three (3) Business Days of the Deliverables being supplied to the Client.

Spotlight will consider all revision requests in good faith. Revision requests must be consistent with the original project brief and the Services originally booked.

Spotlight reserves the right to decline revision requests that fall outside the original scope of work or require significant creative changes.

Where a revision request requires additional editing, design work or production beyond the original scope, Spotlight may charge an additional fee at its current rates.

Where no revision request is received within three (3) Business Days, the Deliverables will be deemed accepted by the Client.

9. Reshoots

Requests for a reshoot must be submitted within three (3) Business Days of the original Deliverables being supplied.

Spotlight will assess all reshoot requests fairly, in good faith and on a case-by-case basis.

Where Spotlight determines that a reshoot is required due to an error or omission by Spotlight, the reshoot will be completed at no additional charge.

Where a request is limited to a small number of additional photographs or video clips, Spotlight may, at its sole discretion, complete those pickup items without charge where it is reasonable to do so.

Where a return visit is required for reasons outside Spotlight's control, or where the requested work falls outside the original booked Services, reshoot fees start from $200.00 (including GST). The applicable fee will depend on the nature, scope and time required to complete the requested work.

Any additional Services requested during a reshoot will be charged at Spotlight's current rates.

Approved reshoots remain subject to Spotlight's availability.

10. Client Responsibilities

The Client is responsible for ensuring that all information supplied to Spotlight is accurate, complete and up to date.

Without limitation, the Client is responsible for:

• providing accurate booking information, including the property address, booking time and requested Services;

• ensuring Spotlight receives all information reasonably required to complete the Services;

• obtaining any approvals, permissions or consents required from property owners, occupants, tenants, body corporates or any other relevant party;

• ensuring any person appearing within photographs or videos has consented to being recorded;

• providing any branding assets, copy, logos or marketing material required for branding or marketing Services;

• ensuring all property information, dimensions, pricing, marketing claims and other information supplied to Spotlight is accurate;

• reviewing completed Deliverables within two (2) Business Days of delivery; and

• notifying Spotlight promptly of any issue with the Deliverables.

The Client acknowledges that Spotlight relies upon information supplied by the Client and accepts no responsibility for inaccurate information provided by the Client or published alongside the Deliverables.

11. Music Licensing

Where the Client requests that specific music be included within any Deliverables, the Client is responsible for ensuring that the selected music is appropriately licensed for its intended use.

At the Client's request, Spotlight may source music through one of its licensed third-party music providers.

The Client acknowledges that the use of music remains subject to the licensing terms of the relevant provider together with the policies of individual social media platforms.

Spotlight accepts no responsibility for content being muted, removed, restricted or otherwise affected by copyright claims, licensing requirements or changes to the policies of any third-party platform or music provider.

12. Fees and Payment

Unless otherwise agreed in writing, Spotlight will invoice the Client in accordance with its standard billing cycle.

Payment is due on or before the 20th day of the month following the invoice date.

All prices are stated in New Zealand Dollars and include GST unless otherwise stated.

Spotlight reserves the right to require full or partial payment before commencing the Services or releasing Deliverables.

Where an account becomes overdue, Spotlight may, without prejudice to any other rights available to it:

• suspend the provision of Services;

• withhold completed Deliverables;

• decline future bookings;

• require payment in advance before accepting future bookings; or

• recover any reasonable debt collection, legal or enforcement costs incurred in recovering outstanding amounts.

Payment of any outstanding invoice does not oblige Spotlight to accept future bookings from the Client.

13. Intellectual Property

Unless otherwise agreed in writing, Spotlight retains ownership of all Project Files created during the provision of the Services. This includes, without limitation, RAW image files, source video footage, editing timelines, working files, graphics, design files, production assets and any other materials created during production.

Ownership and copyright in the final Deliverables transfers to the Client only once all invoices relating to those Deliverables have been paid in full.

The Client is granted ownership of the completed Deliverables only. Project Files remain the property of Spotlight and are not supplied unless otherwise agreed in writing.

Spotlight will endeavour to retain Project Files for approximately thirty (30) days following completion of the Services. Storage beyond this period is not guaranteed and Spotlight may permanently delete Project Files without further notice.

Where Project Files are requested and Spotlight agrees to supply them, additional charges may apply.

14. Portfolio and Marketing Rights

Unless the Client has requested confidentiality in writing before the Services are provided, the Client grants Spotlight an ongoing, irrevocable, royalty-free licence to use completed Deliverables, behind-the-scenes content and production material created during the provision of the Services for Spotlight's own business purposes.

This includes, without limitation:

• portfolio displays;

• website content;

• social media;

• advertising and promotional material;

• educational content;

• presentations and speaking engagements;

• award submissions;

• showreels;

• internal training; and

• any other marketing or promotional activity relating to Spotlight's business.

This licence survives completion of the Services and applies irrespective of the Client's ownership of the copyright in the final Deliverables.

Where confidentiality has been agreed in writing before the Services are provided, Spotlight will not use the Deliverables for promotional purposes except as otherwise agreed with the Client.

15. Third-Party Services

Spotlight may engage employees, contractors, subcontractors and specialist third-party providers to assist in delivering the Services.

This includes, but is not limited to, editing, social media management, advertising, software providers, hosting platforms, music licensing providers and cloud storage providers.

Spotlight will exercise reasonable care when selecting third-party providers but is not liable for delays, outages, policy changes, technical failures or other matters outside Spotlight's reasonable control that arise from those providers.

Where the Services rely upon third-party platforms including Meta, Facebook, Instagram, TikTok, LinkedIn, Google, YouTube or similar services, Spotlight cannot guarantee content performance, audience reach, engagement, account growth, lead generation or commercial outcomes.

The Client acknowledges that third-party platforms may alter, compress, mute, remove or otherwise modify content in accordance with their own policies or technical requirements. Spotlight accepts no liability for those actions.

16. Property Representation

Spotlight provides marketing content intended to professionally present a property for advertising and promotional purposes.

The Client acknowledges that photography, videography and standard post-production techniques, including colour correction, exposure balancing, perspective correction, drone imagery and other editing techniques, may enhance the presentation of a property while maintaining an accurate overall representation.

Spotlight does not warrant that Deliverables will precisely reflect every aspect of a property as viewed in person.

The Client remains solely responsible for ensuring that all information published alongside Spotlight's Deliverables, including property descriptions, pricing, dimensions, specifications and marketing claims, is accurate and complies with all applicable legislation and industry requirements.

17. Force Majeure

Spotlight will not be liable for any delay in performing, or failure to perform, its obligations where the delay or failure results from circumstances beyond its reasonable control.

Such circumstances include, without limitation, severe weather, natural disasters, flooding, fire, power outages, internet failures, equipment failure, illness or injury, government restrictions, civil emergencies, supplier delays, transport disruption or any other event beyond Spotlight's reasonable control.

Where reasonably practicable, Spotlight will notify the Client of any anticipated delay and use reasonable endeavours to minimise the impact on the Services.

18. Limitation of Liability

To the maximum extent permitted by New Zealand law, Spotlight's total liability arising out of or in connection with the Services is limited to the total amount paid by the Client for the specific Services giving rise to the claim.

Spotlight is not liable for any indirect, consequential or economic loss, including loss of profit, loss of revenue, loss of business opportunity, loss of goodwill or any similar loss arising from or connected with the Services.

Nothing contained in these Terms limits or excludes any rights or remedies that cannot lawfully be limited or excluded under New Zealand law.

19. Privacy and Confidentiality

Spotlight will treat all confidential information provided by the Client as confidential and will not disclose that information to any third party except where disclosure is reasonably necessary to provide the Services, required by law or authorised by the Client.

The Client acknowledges that Spotlight may use third-party software and cloud-based service providers in the ordinary course of its business. Spotlight will take reasonable steps to ensure those providers are appropriate for the Services being delivered.

Nothing in these Terms prevents Spotlight from retaining business records, invoices, correspondence or other information required for accounting, legal or regulatory purposes.

20. Health and Safety

Spotlight is committed to maintaining a safe working environment for its employees, contractors and Clients.

The Client must ensure that any property or location at which the Services are to be provided is reasonably safe and free from hazards that may pose a risk to any person attending the site.

Spotlight reserves the right to refuse, suspend or cease providing the Services where, in Spotlight's reasonable opinion, a property or location presents an unacceptable health or safety risk.

Where the Services cannot proceed due to a health or safety concern outside Spotlight's control, the applicable cancellation or call-out fee may apply.

21. Independent Contractors

Spotlight may engage employees, contractors, subcontractors or specialist service providers to assist in delivering the Services.

The engagement of any contractor or subcontractor does not affect Spotlight's responsibility for the overall delivery of the Services to the Client.

22. Electronic Communications

The Client acknowledges that Spotlight conducts much of its business electronically.

Emails, calendar invitations, WhatsApp messages, text messages and other written electronic communications exchanged between Spotlight and the Client form part of the contractual record relating to the Services.

The Client is responsible for ensuring that contact details supplied to Spotlight remain current and that communications from Spotlight are monitored.

23. Abandoned Projects

Where Spotlight is unable to complete a project because the Client has failed to provide information, approvals, instructions or feedback reasonably required to complete the Services for a period exceeding thirty (30) days, Spotlight may suspend or close the project.

Any work completed up to the date of suspension or closure remains payable by the Client.

Should the Client request that work recommence after a project has been closed, Spotlight may treat the request as a new booking and additional charges may apply.

24. Right to Refuse Service

Spotlight reserves the right to decline or discontinue the provision of Services where the Client:

• engages in abusive, threatening or unlawful behaviour;

• places Spotlight's employees or contractors at risk;

• repeatedly fails to comply with these Terms; or

• requests Services that Spotlight considers unethical, unlawful or outside its professional capability.

Where Services are discontinued after work has commenced, the Client remains responsible for payment for all work completed to that point.

25. Amendments

Spotlight may amend these Terms from time to time.

The current version of these Terms will be made available on Spotlight's website and will apply to all bookings confirmed after the revised Terms come into effect.

Continued engagement of Spotlight's Services after updated Terms become effective constitutes acceptance of those Terms.

26. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be severed from these Terms to the extent necessary.

The remaining provisions will continue in full force and effect.

27. Governing Law

These Terms are governed by the laws of New Zealand.

The parties submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute arising out of or in connection with these Terms or the Services.

28. Contact Details

Any questions relating to these Terms or Spotlight's Services may be directed to:

Spotlight Studio
Little Legs Studio Limited
Website: https://spotlightstudio.nz
Email: admin@spotlightstudio.nz