Terms of Service
REAL ESTATE PHOTOGRAPHY LICENSING TERMS
By Using our service or booking an online appointment with us, you agree to the following terms and conditions
Scope of this Agreement. These terms apply to any photograph, graphics, digital assets, 3D models or digital images created or taken by Photographer and delivered to the Client (collectively known as “PHOTOS”) for properties that the Client may contract Photographer to photograph on an as needed basis. This Agreement governs the relationship between the parties and in no event shall any e-mail communication or other exchange, amend or otherwise modify the terms of this Agreement unless agreed to in writing.
Rights: This license provides the Client with the limited right to use, publicly display, electronically or otherwise, print and distribute for any and all promotional or advertising purposes directly related to the marketing and sale of the subject property and expires upon closing of the subject property or expiration of the listing agreement, whichever occurs first. Photos may not be resold or redistributed for future listings or used for any purpose not directly related to the marketing efforts for sale of subject property without the express permission of Photographer and the payment of additional fees, unless otherwise agreed to in writing.
Relationship of the Parties: The parties agree that Photographer is an independent contractor, and that neither Photographer, nor Photographer’s employees or contract personnel are, or shall be deemed to be, employees of Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Photographer and the Photos or any other deliverables prepared by Photographer shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement
Creation: The manner and method of creating any Photographs is solely at the discretion of Photographer and the Client has no right to control Photographer’s manner and method of performance under this Agreement. Photographer will use his/her best efforts to: (a) ensure that the Photos conform to Client’s specifications; and (b) submit all Photos to Client in publishable quality, on or before the applicable deadlines.
Delivery: Photographer will electronically deliver the number of photographs ordered and will make every attempt to adequately describe the subject property to include exterior and interior shots. Photographer may select delivery of photographs in JPEG, TIFF, PNG, or other standard format, at a resolution that Photographer determines will be suitable for the Photos as licensed. It is the Client’s responsibility to verify that the Photos are suitable for reproduction and that if the Photos are not deemed suitable, to notify the Photographer with five (5) business days. Photographer’s sole obligation will be to replace the Photos at a suitable resolution but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages.
Hosting Term: Photographer will host digital images ready for download for a period of 30 days from the date of capture after which time special arrangements will need to be made to re-download images that may have been lost or damaged. 3D virtual tours and or videos Produced by Photographer will be hosted for 6 months from the capture date after which time a monthly hosting fee will need to be paid to keep the videos and or virtual tours live.
No Affiliation with Zillow: Client acknowledges that: (a) Photographer is an independent provider of the Capture Services and is not a contractor, employee or agent of Zillow; and (b) Photographer is making the 3D Services available to Client under a license between Zillow and Photographer and as such may have no control over service interruptions, or that the service will be timely, secure or free from error.
Fees: All fees and expenses payable under this agreement are required upon delivery of photos, and payable irrespective of whether Client makes actual use of the Photos.
Cancellation: If a scheduled property shoot is not canceled within 24 hours of the scheduled property shoot time, Client will pay any expenses incurred and a twenty-five (25)% cancellation fee. Property shoots may be canceled up to 24 hours prior to scheduled time without cancellation fees.
No Exclusivity: This Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Photographer, and Photographer shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by Photographer.
Property Preparation: It is understood that the Client shall make every reasonable attempt to have the property in an orderly, maintained, and pet restrained state prior to the photo shoot. In the event that the property is not photo ready the Client will have the option of 1) accepting the photos with the property in it’s current condition or 2) rescheduling the shoot with an additional fee not to exceed $50.00. Unrestrained pets will be grounds for cancellation of the photoshoot and a rescheduling fee will apply.
Warranty; Disclaimer: Photographer represents that it shall perform it’s obligations under this agreement in a timely and workmanlike manner, consistent with generally acceptable industry standards. In the event of any breach of the foregoing warranty, as Client’s sole and exclusive remedy, Photographer shall use commercially reasonable efforts to re-perform it’s obligations promptly in a manner that cures such breach.