Real Estate Photography Services Agreement

 

Terms for Photography of Real Estate

Definitions

For the purpose of this agreement, “The Photographer” means the author of The Work, R/E Media UTAH and/or Dave Koch. “The Work(s)” shall mean any and all “Photographs,” “Images,” “Footage,” “Media,” and/or “Video” and any and all other copyrightable material (whether edited or raw) created and furnished by The Photographer – in whatever form or medium – to The Client. “The Agency,” “The Broker,” and/or “The Client” shall, where the context so admits, include their respective licensees, assignees, sublicensees, and successors in title. In cases where The Photographer’s client is a direct Client (i.e., with no agency or intermediary), all references to both “The Agency” and “The Client” shall be interpreted as references to The Photographer’s client.

All contracts, verbal or written, are only accepted based on the condition that the Terms and Conditions of The Photographer are the only ones applicable. Any terms proposed by The Client are excluded unless explicitly agreed in writing. Verbal instructions accepted at The Photographer‘s discretion are not liable for execution errors. The person placing or signing the order is deemed authorized to do so. Email communication constitutes a contract in law unless otherwise agreed.

Contract Authority and Superseding Terms

The Photographer operates solely under the terms of this agreement. Any client-supplied contracts, service agreements, licensing waivers, or terms and conditions — including those embedded in platform services or MLS tools — are expressly rejected and hold no authority unless explicitly incorporated by amendment into this agreement and signed by The Photographer.

If additional rights, custom licensing, or special protections are required by The Client or their brokerage, these must be negotiated directly with The Photographer and added as a written amendment to this agreement. No third-party contract, portal terms, or boilerplate service language may supersede or override the terms outlined herein. Acceptance of this agreement is required for all services.

Scheduling and Retainer

Photography requests should be submitted via email to images@photoslc.com or through our Contact or Booking Forms. We reply within 24 hours to confirm details. Next-day orders are difficult, not guaranteed, and may be subject to an additional charge.

A tentative appointment is not booked until a retainer is paid. No appointments are guaranteed without a retainer. Once both parties confirm the appointment and the retainer is received, the appointment is considered booked, and the terms of this agreement become enforceable.

The retainer guarantees the photographer’s availability for the scheduled time and secures your appointment on our production calendar. It is not a license fee, usage payment, or image purchase, and is held separately from any future invoice for deliverables. In the event of cancellation or schedule changes outside of our policy, the retainer may be forfeited to cover lost time and opportunity costs.

At the Shoot

The Client is responsible for having an authorized representative on-site. In their absence, the property will be assumed to be photo ready at the time of the photography appointment time. In the absence of any other specific direction, The Photographer‘s interpretation is deemed acceptable.

The Client ensures the property is safe and ready. The Photographer assumes no responsibility for readiness, hazards, or cleanliness. A second shoot due to lack of readiness will be billed at full rate. Waiting fees may apply if The Photographer is delayed due to unpreparedness.

Twilight Photography

Twilight shoots are subject to natural conditions beyond our control. We charge a premium due to the scheduling impact. Cancellations within 24 hours are non-refundable. Weather issues are not grounds for reshoots or refunds. If a twilight is reshot, it is billed at full price.

After the Shoot – Deliverables

We deliver images via Dropbox, Google Drive, or similar, in JPG format at MLS size 2000×1600. No RAW or unedited files are delivered. Proofs may not be used publicly and are for internal approval only.

Images are available for 30 days. Re-delivery after that may incur fees. Edit requests must be made within 14 days. One round of basic edits is included. Additional or advanced edits may incur fees.

Cancellations, Delays & Payment Obligations

• Cancellations or postponements made within 24 hours are subject to a $50 cancellation fee.
• Delays of more than 30 minutes may incur a $100 late fee.
• At 60 minutes, the session is canceled, the retainer is forfeited, and a 50% late fee may apply.
• If canceled after The Photographer has arrived and begun work, the retainer is forfeited and full payment is required.

Once a shoot has begun, it is not cancelable for any reason. The full invoice is final and due upon delivery. The retainer is non-refundable under any circumstance. Refusal or non-use of images does not void payment obligations.

Inclement Weather Policy

Indoor shoots proceed as scheduled. Exteriors are rescheduled without penalty. Either party may invoke this policy at any time prior to the shoot.

Force Majeure

Neither party shall be liable for failure to perform due to circumstances beyond their control (e.g., weather, illness, emergencies, natural disasters). In such cases, retainers may be applied to reschedule within 30 days, subject to availability.

MLS Waivers

Images may be redistributed via MLS to platforms like Zillow and Redfin. Redistribution is permitted if license terms remain active and the listing is live or within one year of image delivery. Unauthorized third-party use is not permitted.

In the course of promoting the home for sale, The Client is specifically allowed to post to FSBO sites, and other sites that promote the home for sale, so long as the contract and its terms remain in effect. Images may also be used by client to promote the sale of the home on social media (Facebook, Twitter, InstaGram, etc.) without restriction. Images may be posted to a Realtors site to promote the sale of the house, but may not be used to promote the Realtor, staging company, or for any other promotional purpose without additional license. In any case, such reposts may NOT alter the images in any way other than resizing/cropping to the format supported by that site.

The Client (and their broker and the publishing MLS) will be indemnified and held harmless by The Photographer against any unauthorized use of the images by third parties beyond The Client’s, The Broker’s and the MLS’s control.

Copyright and Licensing

All photographs are copyrighted by The Photographer upon creation. The Client is granted a limited license for use in marketing the listed property for one year or until it sells, whichever comes first. You are licensing the right to use the photos — not buying the images.

Image use is limited to: MLS listings, real estate websites, printed marketing, and social media. Use by third parties or for branding, portfolio, or rental marketing is prohibited without additional licensing. Unauthorized use is a copyright violation subject to legal enforcement.

Use Restrictions and Licensing Enforcement

All Clients are strictly bound by the licensing terms set forth in this agreement. The standard MLS image license is granted solely for the purpose of marketing a single property for sale. Use of any images created by The Photographer for short-term rentals, vacation rentals, or any other commercial or recurring income-generating purposes — such as AirBnB, VRBO, or similar platforms — is explicitly prohibited without a separate commercial license. This includes any use by property managers, hosts, owners, or representatives for rental marketing, promotional websites, or paid listing services.

Such unauthorized use constitutes a breach of U.S. copyright law and a material violation of this agreement. All image licensing must be arranged and approved in writing by The Photographer. Clients may not grant usage rights to third parties or upload images to platforms that require sublicensing. If you are unsure whether your intended use is covered, please contact The Photographer before using the images.

Alteration of Images

Clients may crop or resize images but may not otherwise edit or alter them without permission. This includes virtual staging and virtual twilight manipulation.

Exclusivity

Licenses are non-exclusive unless agreed in writing. The Photographer reserves the right to relicense images.

Guest Photography

No guest photography is allowed during sessions.

Data & Privacy

The Photographer agrees to keep all client information and project details confidential and will not disclose or use them outside the scope of services without consent.

Payment

Invoices are due upon delivery. Final media is not released until payment is complete. Delays or refusals do not alter payment obligations. Overdue invoices are subject to interest and collections.

Failure to Perform

If The Photographer cannot perform this agreement in whole or in part due to a cause beyond the control of the parties, changing of details that no longer fit with The Photographer‘s originally agreed terms, or due to The Photographer‘s illness or injury, then The Photographer will return all fees to The Client (s) but shall have no further liability with respect to this Agreement. This is the parties’ entire agreement on this matter, superseding all previous negotiations or agreements.

In case of failure to faithfully perform the terms and covenants herein set forth, The Client shall pay all costs, interest, expenses, and reasonable attorney’s fees resulting from the enforcement of this agreement or any right arising out of such breach.

Refunds

If dissatisfied, The Client must notify The Photographer and allow for a re-edit or reshoot. If satisfaction cannot be achieved, a refund of up to 50% may be granted. In this case, all image rights revert to The Photographer and The Client may not use the images for any purpose. Once a shoot has begun, no cancellations, refunds, or reductions will be accepted. Non-use or rejection of images does not cancel payment obligations. Retainers are non-refundable.

Grant of License

The Photographer retains full ownership and copyright of all Photographs and The Works created. In accordance with this agreement, The Photographer grants The Client a very limited, non-exclusive, non-transferable license to use The Works for the sole purpose of marketing the property referenced in the invoice only. This license begins only upon full payment of the invoice and is valid for a period of one (1) year from the date of delivery or until the property sells, whichever comes first.

This license includes usage on The Client’s local MLS and distribution to affiliated real estate platforms (e.g., Zillow, Redfin, Realtor.com) solely for the promotion of the property for sale. Additional use for personal promotion (e.g., posting on The Client’s own real estate website or social media) is also permitted within the same term, as long as it directly relates to that specific listing.

No license is granted for commercial use of any kind, including (but not limited to) vacation rental, short-term rental, long-term rental, or AirBnB/VRBO-type marketing. These uses require a separate, explicitly negotiated commercial license agreement. Use of MLS-licensed images for any income-generating purpose beyond property sale is a direct violation of this agreement and will be treated as copyright infringement.

The Client may not sub-license, assign, or transfer the granted license to any other party, including property owners, stagers, designers, builders, brokerages, or marketing platforms, without prior written permission from The Photographer. If any third party inquires about using The Works or any portion thereof, The Client is required to direct that party to contact The Photographer directly to arrange proper licensing. Unauthorized use may result in immediate revocation of the license and may be prosecuted as a violation of U.S. copyright law.

Waiver and Indemnification

The Client and its agents shall indemnify and hold harmless The Photographer, R/E Media UTAH, and Dave Koch from any and all claims, except those arising from intentional or illegal acts.

Agreement Binding

Hiring The Photographer constitutes agreement to these terms. Any additional terms must be agreed to in writing prior to the shoot.