Real Estate Photography Services Agreement

 

R\E Photography UTAH
5875 Walden Ridge Drive, SLC, UT 84123
(801) 819-8141

[email protected]

 

Terms for Photography of Real Estate

Definitions

For the purpose of this agreement “the Agency” “the Broker” and/or “the Client” shall where the context so admits include their respective assignees, sub-licensees and successor in title. In cases where The Photographer’s Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both “the Agency” and “the Client” shall be interpreted as references to The Photographer’s Client. For the purpose of this agreement “The Photographer” will mean the Author of the Photograph, R\E Photography UTAH and/or Dave Koch. And shall where the context so admits include their respective assignees, sub-licensees and successor in title. “Photographs”, “Images”, and “Works” means all photographic material furnished by The Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed.

All contracts verbal or written are only accepted on the basis that the Terms and Conditions of The Photographer are the only ones applicable. Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by The Photographer. Where time is of the essence The Photographer entirely at its own discretion may accept an instruction given orally, in this event The Photographer shall accept no liability for any error in executing the order. Unless The Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorized to do so. When a Client’s policy is not to rely on email confirmations, hard-copy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.

Scheduling and Contact Information

Requests for photography appointments should be submitted via email to [email protected] or via the Contact Form or the Booking Form on the R\E Photography UTAH website with as much detail as possible. We will reply back within 24 hours to verify the date, time and location of the shoot. Next day orders are difficult to schedule, cannot be guaranteed and are subject to an additional charge. A tentative scheduling is not considered booked until a deposit is made, and may be pre-empted by another part who posts a deposit. No appointments are guaranteed until a full deposit is made. Once both parties have acknowledged the date and time of the appointment and a deposit made, the appointment will be considered “booked”, and the terms of this document are considered agreed to and enforceable.

At the Shoot

The Client is responsible for the presence of an authorized representative at the shoot to approve and/or direct R\E Photography UTAH’s interpretation of the project. If a Client or Brokerage representative is not present and no specific written directions are given The Photographer, The Photographer’s interpretation shall be deemed correct, acceptable and final.

Property will be deemed “photo-ready” at the client-scheduled date and time of the appointment. The Photographer‘s responsibility begins and ends at taking photographs of the property. We will not make judgments about the property or it’s readiness, cleanliness or configuration; we will assume the property is in the form and state of readiness The Client wants to portray it when we arrive.

It is the responsibility of the property owner, their agent or tenant to straighten rooms, remove litter or stray objects and tidy up the spaces; as the client has deemed the property “photo-ready” for the shoot in no case will The Photographer be held responsible for the properties state of readiness (or lack thereof) in the images shot. If, after the completed shoot, the client determines a reshoot is required because of the properties lack of readiness, that second shoot will be billed at our full rate and no refund will be considered for the first shoot.

The Client is expected to have the property staging and cleaning completed prior to the photo shoot. If The Photographer is kept waiting or asked to return to bring the property to a state of readiness, additional charges as outlined on our site will apply.

After the Shoot – Deliverables

Once the images have been made, The Photographer will perform digital retouching and deliver the still photos as follows, unless otherwise specified.

  • Day 1 – Shoot Day
  • Day 3 – Proofs of Photos delivered by 8pm, subject to client notes or changes
  • Day 5 – Photos delivered by 8pm
  • Day 7 – Proofs of Video or Tour, subject to client notes or changes by 8pm
  • Day 10 – Video or Tour by 8pm

Delivery is via a DropBox, Google download or similar image download service link sent to the email address(es) you supply. All images will be delivered in this format: JPG images MLS size 2000×1600; additional sizes & crops available on request. WE DO NOT DELIVER RAW OR UNEDITED FILES. If Proofs are sent, they are for Client approval process only, and may not be used on any live site or for any use other than for client to approve or make notes for final edits. Any other use of Proof Images will be considered a MATERIAL BREACH of this contract.

Images will be available for download for a maximum of 30 days; requests for downloads after 30 days will incur additional costs, or may not be available at all. PLEASE SAVE YOUR IMAGES AFTER DELIVERY. This delivery and notice via e-mail shall be deemed completion of this contract in full by R\E Photography UTAH. A USB thumb drive can be provided for an additional fee.

Cancellation, No-Show and Inclement Weather Policy

If cancellation or re-scheduling is necessary, please do so with a minimum of 24 hours notice to avoid cancellation fees. We will do our absolute best to work with you to reschedule, but we do expect the courtesy of as timely a notification as possible. Any shoot postponed or canceled within 24 hours of a booked appointment is subject to a $75 Cancellation Fee. If The Photographer must wait longer than 1/2 hour (30 minutes) after that set time at a site for it to be prepared (or to be let into the property), R\E Photography UTAH add a 25% fee; if The Photographer must wait an hour, 50%; two hours or longer, or if the shoot is entirely canceled after we have arrived at the site, a 100% fee will be assessed. R\E Photography UTAH reserves the exclusive right to kill the shoot after one hour or more of waiting, at our sole digression. Late or cancel/kill fees must be paid in full before new date will be scheduled or photos will be released.

If the weather is inclement, The Photographer will continue with all indoor shooting, and reschedule exteriors for the next available clear day. There is no penalty for weather delays.

Rights and Usage

Upon and after payment in full, all images delivered are released to the Client may be used for any and all marketing materials and campaigns associated with the property and for the Client’s self-promotion for the duration of the listing, or for one year from delivery date whichever is shorter. No other usage is allowed or implied without additional license. 

R\E Photography UTAH retains full copyright and intellectual property rights to all images delivered to Client, and may use, repost or relicense without restriction. MLS license is granted only to the Client, and not to any third party, nor may licensee grant any further license for use to any third party. CLIENT HAS NO RIGHTS UNDER THIS LICENSE TO TRANSFER THEIR LICENSE TO ANY THIRD PARTY. Any usage of the images by a third party, including but not limited to, architects, builders, stagers, designers, sellers or buyers, with or without the permission of client is strictly prohibited. Inquiries for image use from third parties are to be directed to The Photographer.

MLS Waivers

R\E Photography UTAH is aware that images posted to the Salt Lake Valley MLS are often reposted to other real estate services such as Zillow, Redfin and others, through no control of the Client or the MLS. R\E Photography UTAH specifically allows these reposts of original MLS postings so long as all other terms of this contract are in effect, specifically, that the listing is still active, or one year from delivery date has not elapsed, and will hold harmless the Client (and the MLS) for such normal reposts. In the course of promoting the home for sale, Client is specifically allowed to post to FSBO sites, and other sites that promote the home for sale, so long as the contract is 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. In any case, such reposts may NOT alter the images in any way other than resizing to the format supported by that site.

Copyright

The Photographer retains the entire copyright in the Photographs and Works at all times, throughout the World and Where reproduction of Works has taken place and settlement has not been made, The Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.

Alteration of Images

Unless prior agreement is reached and an additional license paid for in advance, THE CLIENT will have no rights to alter images except in regard to size and crop of full size image as furnished by The Photographer. THE CLIENT has no right to alter, change, edit, add to (or subtract from) or create derivative works from the original (whether minor or transformative in nature).

Ownership of Materials

Title to all Photographs remains the property of The Photographer. When the License to Use has expired the Photographs must be returned to The Photographer in good condition within 30 days and any archived digital files destroyed. Title to any materials used in producing the Works is not transferred to the Client upon payment of the invoice. CLIENT HAS NO RIGHTS UNDER THIS LICENSE TO TRANSFER THEIR LICENSE TO ANY THIRD PARTY.

Payment

Invoice is due in full and payable on receipt. We invoice on delivery of images. Images are not released to client for use until invoice is paid in full.

Charges billed to The Client are for The Photographer’s time, experience, expertise and work in preparing for, shooting and editing the assignment, and for licensing of those images; The Client is NOT purchasing the actual images, but paying for the licensing of those images and the work, travel time and costs to create them. Invoice is due in full and payable on receipt, and we invoice on delivery of images. If we have delivered proofs and final images are not chosen by Client 10 days after the delivery of proofs and other arraignments are not made, , images are deemed accepted by the client and we reserve the right to bill for the delivery of final images. Invoice in full is due even if images are not used for the full duration of license term, or not used at all. No discount or favor will be granted THE CLIENT if they decide not to use the images.

Unless other and prior arraignments are made, R\E Photography UTAH considers invoices overdue at 30 days, and grossly overdue at 60. Invoices overdue after 60 days will be charged an additional 1 ½ percent interest per month from day 61, compounded monthly or part thereof for each 30 day period overdue, backdated to invoice date. Should an invoice be referred to collections, an additional 30% will be added to the total billing to cover collection costs. Additionally, reasonable collection costs, attorney fees and court costs incurred by Receivables Management Services (RMS) may be added to the final amount due. Licensing of images may be suspended or revoked if accounts are grossly overdue or in arrears at R\E Photography UTAH‘s discretion. Client will be charged a minimum of 100 dollars per day per image if images are used out of the scope of licensing.

Failure to Perform

If R\E Photography UTAH 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 Photographers’ originally agreed terms or due to The Photographer’s illness or injury, then R\E Photography UTAH 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 attorneys’ fees resulting from the enforcement of this agreement or any right arising out of such breach.

Refunds

If you are not satisfied with your photos, your first remedy is to let R\E Photography UTAH know the specific reasons for your displeasure, and allow R\E Photography UTAH to make the images conform to your wishes. This may include a re-edit or reshoot, at R\E Photography UTAH‘s discretion. If the property is reshot, you agree to make the property available in a timely manner.

If R\E Photography UTAH still cannot produce images to your satisfaction, your sole remedy is to be refunded up to half of the total price paid for the package. In the event of a refund, all rights revert to R\E Photography UTAH, and Client may not use any images for any purpose. Any deposit is non-refundable. In the event of an emergency, equipment failure or other unforeseen circumstance, R\E Photography UTAH will return any money given up to that point but claims no further liability.

WAIVER AND INDEMNIFICATION

Client and it’s agent’s, family members and assignee’s, if any, shall indemnify, and hold harmless, The PhotographerR\E Photography UTAH and DAVE KOCH from any and all claims for damages arising out of the performance of any of the services contemplated by this Agreement with the exception of intentional or illegal acts.

Upon hiring R\E Photography UTAH, the parties agree that they fully understand and will be bound only by the terms above. Any other terms must be agreed to in writing. Otherwise, the above terms will be considered the consolidated, exclusive terms between the parties.