Terms & Conditions

Wildflower [PTY LTD, ABN 15 666 908 970]
("Wildflower", "we", "us").

1. OWNERSHIP OF DESIGN WORK AND INTELLECTUAL PROPERTY

1.1 All design work, concepts, drawings, specifications, material schedules, colour palettes, mood boards, sourcing lists, and any other creative output prepared by Wildflower ("Design Work") remains the intellectual property of Wildflower and is owned exclusively by Wildflower.
1.2 This includes preliminary concepts, rejected concepts, variations, and any iterations prepared during the engagement, whether or not they are incorporated into the final design.
1.3 Upon payment in full, the Client receives a non-exclusive, non-transferable licence to use the final Design Work for the specified Project only. This licence does not transfer to subsequent owners or occupants of the Project without Wildflower's written consent.
1.4 The Client may not reproduce, adapt, modify, reverse-engineer, create derivative works from, or use the Design Work for any other project, purpose, or context without Wildflower's prior written consent.

2. PORTFOLIO USE AND CASE STUDIES

2.1 Wildflower retains the right to photograph, document, and use the completed Project as a case study and portfolio example in perpetuity. This includes reproduction in our portfolio, website, social media, print materials, industry publications, awards submissions, exhibitions, and professional marketing.
2.2 Wildflower will make reasonable efforts to provide advance notice of any photography or documentation and coordinate a mutually convenient time.
2.3 Wildflower may credit the Client, the Project developer, architect, or builder in portfolio materials, or may choose to withhold identification at our discretion. The Client waives any right to approve or control how the Project is described, captioned, or credited in portfolio materials.
2.4 If the Project is publicly available information (published case studies, media coverage, professional awards, published imagery by the developer or builder), Wildflower may freely reference, describe, and use the Project in our marketing without further consent.

3. CONFIDENTIALITY RESTRICTIONS AND EXCEPTIONS

3.1 If the Client's engagement or the Project is subject to a confidentiality agreement, Non-Disclosure Agreement (NDA), or commercial-in-confidence obligation from a third party (e.g., developer, landlord, lender, or contractor), the Client must notify Wildflower in writing before commencement of work and provide copies of all relevant confidentiality clauses.
3.2 Subject to Section 3.3, Wildflower will respect confidentiality restrictions imposed by such third-party agreements.
3.3 Notwithstanding any confidentiality obligation, Wildflower reserves the right to: (a) Disclose that Wildflower has completed a project for the Client (or for the third party on whose behalf the Client engages) without disclosing design details, materials, or specific scope; (b) Retain a generic or anonymised version of the Project in our portfolio or case study archive; (c) Use design principles, methodologies, and generic techniques learned from the Project in future work; (d) Reference the Client or third-party engagement in pitch materials or credentials to prospective clients, provided no confidential design details are disclosed.
3.4 If confidentiality restrictions prevent all portfolio use, the Client will notify Wildflower in writing, and Wildflower's right to portfolio use will be limited to the duration and scope of the confidentiality period specified in the applicable agreement. Upon expiration of that period, Wildflower's unrestricted portfolio rights resume.

4. USE OF WILDFLOWER NAME, BRANDING AND ATTRIBUTION

4.1 The Client grants Wildflower the right to use the Client's name, and the name of the Project, in marketing materials, portfolio, case studies, website, and professional contexts to identify Wildflower's work.
4.2 The Client may not use Wildflower's name, logo, branding, or claim association with Wildflower (e.g., "Designed by Wildflower", "Wildflower Project") in public marketing, materials, publications, or on-site signage without Wildflower's prior written consent. This restriction does not apply to internal documentation or private communications.
4.3 If the Client wishes to publicly credit Wildflower (e.g., in marketing, media, publications), the Client must obtain Wildflower's prior written approval of the exact credit line and context.
4.4 The Client may not imply endorsement by Wildflower of the Client's products, services, or business practices, nor may the Client use Wildflower's reputation or name to promote services or products unrelated to the Project.

5. CLIENT CONFIDENTIALITY OBLIGATIONS

5.1 The Client agrees to keep Wildflower's fees, pricing, commercial terms, methodologies, design processes, and internal practices confidential and not disclose them to competitors or use them to solicit competing quotes.
5.2 The Client may not share preliminary designs, unfinished work, or rejected concepts with third parties, consultants, or contractors without Wildflower's written consent.
5.3 If the Client must share Design Work with contractors, builders, or other professionals for project implementation, the Client will ensure they sign confidentiality agreements restricting their use and disclosure of the Design Work.

6. NO MODIFICATION OR DERIVATIVE WORKS

6.1 The Client may not modify, adapt, update, alter, or create derivative works from the Design Work, including (but not limited to) changing specifications, substituting products, altering colour palettes, or repurposing designs for different spaces or projects.
6.2 If modifications or updates to the Design Work are required during Project delivery (e.g., due to product availability, budget constraints, or site conditions), these must be coordinated with Wildflower and may incur additional fees.
6.3 Any derivative works, updates, or modifications created by Wildflower remain Wildflower's intellectual property.

7. NO RESALE OR REDISTRIBUTION OF DESIGN WORK

7.1 The Client may not sell, license, resell, sublicense, distribute, or transfer the Design Work (or any licence to use it) to any third party, including subsequent property owners, tenants, or purchasers.
7.2 The Client may not use the Design Work as a template, reference, or basis for work commissioned from other designers or design studios.
7.3 If the Project is sold, transferred, leased, or otherwise passes to new ownership, the new owner does not automatically receive rights to the Design Work. The original Client remains the only party with a licence to use the Design Work for that Project.

8. INDEMNIFICATION

8.1 The Client indemnifies and holds harmless Wildflower from any claim, loss, damage, liability, or cost (including legal and professional fees) arising from: (a) the Client's use of the Design Work or Portfolio Materials beyond the scope of the granted licence; (b) the Client's modification or misrepresentation of the Design Work; (c) any breach of confidentiality by the Client or the Client's representatives; (d) the Client's unauthorized use of Wildflower's name, branding, or reputation; (e) any claim by a third party that the Client has infringed their intellectual property rights through use of the Design Work.
8.2 Wildflower indemnifies the Client for claims that the final Design Work, as delivered, infringes any third-party copyright, trademark, or design right, provided the Client has not modified the Design Work and is using it within the scope of the granted licence.

9. RESIDUAL KNOWLEDGE AND DESIGN PRINCIPLES

9.1 Wildflower retains the right to use general design methodologies, techniques, colour theory, spatial planning principles, and lessons learned from the Project in future work, provided no confidential Design Work or trade secrets specific to the Client are disclosed.
9.2 This right applies to all work created by Wildflower team members, whether or not they remain employed by Wildflower.

CONTACT

Wildflower
72 Rupert Street, Collingwood VIC 3066
studio@wildflower.com.au

Last updated: September 2026