3D Media Production & AI Marketing Waiver
1. Warranty of Accuracy & Non-Misleading Content
The Client acknowledges that Troy Massey Media is a production service provider and not a structural engineer, architect, or licensed certifier.
Client Responsibility: The Client warrants that all plans, renders, dimensions, and materials supplied to Troy Massey Media are an accurate reflection of the final intended build.
Verification: The Client is solely responsible for ensuring that the final AI-generated marketing media produced by Troy Massey Media accurately represents the off-plan development and does not breach Australian Consumer Law (ACL) regarding misleading or deceptive conduct.
Disclaimer Requirement: The Client agrees to include prominent, clear, and specific disclaimers on all media published, notifying prospective buyers that the content is an "AI-generated conceptual render" and may differ from the final product.
2. Intellectual Property & Material Ownership
The Client warrants that they are the legal owner of, or have obtained all necessary licenses for, the architectural plans, 3D models, textures, and images provided to Troy Massey Media for the project.
Indemnity: The Client shall indemnify Troy Massey Media against any claims, damages, or legal costs arising from a third-party claim of Copyright Infringement related to the materials provided by the Client and/or misleading or deceptive conduct.
AI Output: While Troy Massey Media provides the service of generating the Marketing media, the Client assumes all risks associated with the copyright-ability of AI-generated outputs under current Australian copyright frameworks.
Right to Use: The Client warrants the use of the materials created by Troy Massey Media for marketing by the Real Estate Agency and promotional advertising. Including display of the creations in Troy Massey Media's portfolio, social media and promotional advertisements.
3. Release of Liability
To the maximum extent permitted by law, Troy Massey Media and its constituents (employees, contractors, and related agencies) are released from any liability for:
Financial loss or "loss of opportunity" resulting from delayed or cancelled sales of off-plan developments.
Legal action taken by third-party purchasers alleging that the marketing media was misleading.
Any discrepancies between the 3D AI video and the physical building once completed.
5. Indemnification
The Client agrees to indemnify, defend, and hold harmless Troy Massey Media from and against any and all claims, liabilities, and expenses (including legal fees on a solicitor-client basis) arising from the Client’s use of the produced media or any breach of the warranties listed above.
