Real Estate Photography Services Agreement
R\E Photography UTAH
5875 Walden Ridge Drive, SLC, UT 84123
Terms for Photography of Real Estate
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, hardcopy 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 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. Once both parties have acknowledged the date and time of the appointment, the client must make payment in full to The Photographer (either electronically or by other acceptable means). Once payment is full is 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 written directions are given The Photographer, as the considered onsite expert, The Photographer’s interpretation shall be deemed acceptable and final. The Photographer will make a reasonable effort to remove litter, stray objects, etc. from the rooms; however please note that this does not include things like making beds, arranging furniture, or cleaning. (Some editing may be done after the fact via Photoshop, at additional charge and subject to The Client’s direction and approval. R\E Photography UTAH does not guarantee the acceptability or usability of such editing.) The Client is expected to have the property staging and cleaning completed prior to the photo shoot; 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 must be paid in full prior to the 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 2 – 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 or Google download link to the email address(es) you supply. All images will be delivered in this format: MLS size 2000×1600; additional sizes & crops available on request, and at additional cost. 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. Any shoot 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, 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 any images released. Every effort will be made to accommodate a rescheduling.
If the weather is inclement, The Photographer will continue with all indoor shooting, and reschedule exteriors for the next 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.
No use may be made of the Photographs before payment in full of the relevant invoice(s) without The Photographer‘s express permission in writing. Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed. Note: A written agreement must be reached with The Photographer before the Photographs may be used for other purposes. Where uses of an image are made which breach the license to use further charges will be made. Any reproduction rights granted are by way of license only and no partial or other assignment of copyright shall be implied. On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any license granted shall immediately cease.
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 and it’s 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 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.
Licensing to The Client is non-exclusive to The Client, and is non-transferable unless specifically addressed in an additional Licensing of Rights document executed by Commercial Photography UTAH. 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 The Client is strictly prohibited. The Client is specifically prohibited from sharing any images, and is mandated to refer any inquiries from third parties for usage to The Photographer. Unless agreed to in writing on the License to Use and the Invoice no exclusivity is given or implied to The Agency and/or The Client. The Photographer retains the right in all cases to use or sell the Photographs and at their digression. Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before work commences, and for appropriate additional fees.
It is understood The Photographer will act as the sole and exclusive photographer for this shoot. The Photographer reserves the right to bring one or more assistants at his discretion. Since flashes from other cameras may disrupt or even ruin shots taken by The Photographer, the Client acknowledge(s) that they are responsible for notifying all of their guests that guest photography is not permitted at any time while the professional photographer is in session. The formal photography time is for the exclusive use of The Photographer to capture specific images at the specified location. Due to time constraints and the need for subjects to pay full attention to the professional photographer, guest photography is requested to be done at a separate time.
The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable The Photographer to carry out his/her obligations in relation to the commission.
Charges billed to The Client are for The Photographer’s time, 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 and costs to create them. Invoice is due and payable prior to the shooting of 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.
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 Photographer, R\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.