Real Estate Photography Agreement
DEFINITIONS AND TERMS: This Agreement is by and between Photos by Glenna (Licensor) and Name: (Client). "Image" refers to the visual, in any form, including digital, supplied by Licensor to Client. "Service" refers to the photography, related digital or other post-production services.
PAYMENT, DEPOSIT, RESCHEDULING AND CANCELLATION: Client is responsible for full payment as set forth in this Agreement. Client shall make a minimum deposit of 50% or $500 (whichever is lower) to retain the photographer for agreed upon date and full payment is due in advance of the date of the photos session, no later than day of. If payment is not received within 2 weeks after the photo session date, the due amount is subject to a 2% fee for every 30 days that the invoice is not paid in full. No images will be released without full payment, including additional charges and/or late fees. A rescheduling fee of $50 is required if less than 48 hours is given to reschedule photo session. In the event that force majeure circumstances restrict the ability of Licensor from completing a photo session, Licensor and the client may agree, prior to the photo session, to reschedule the photo session, or if this occurs at the time of a photo session, to create an additional scheduled time to complete the exterior images. A minimum of 1 week notice must be given in order to cancel a photo sessions, with deposit forfeit if the above condition is not met or reasonable extenuating circumstances do not exist as decided by Licensor.
RIGHTS: Licensor is the sole creator and sole copyright owner of the image(s). Licensor reserves all rights in the image(s) without limitation, and including digital or electronic publishing and use rights in any and all media now existing and yet unknown throughout the world. If Client purchases prints, digital negatives or other products from Licensor, these products can only be used for personal and professional use and can not be sold or otherwise used without written consent from Licensor." A download of any/all of the still images from a photo session will be made available online if included in a Client’s package, for up to 1 week. The available files can be downloaded to multiple devices during that time. Virtual tour imagery will be hosted online for up to 3 months for property that is for sale, and up to 3 months for property that is for rent, unless otherwise agreed to by the Client on/by the time and date of the original photo session. A fee of $25 will be charged to make images available for online viewing or download if customer requests this be done, in writing, after the aforementioned, allotted time. Imagery and files will be stored by Licensor for 2 years. Licensor will not be held liable for any loss of images during that time that may be caused by electronic malfunctions or other unforeseen circumstances.
FAILURE TO PERFORM: Licensor shall not be liable to Client for delays in performance occasioned by causes (force majeure)"beyond Licensors reasonable control and without fault or negligence, including but not limited to accident, illness, Acts of God, fire, inclement weather or other causes beyond the control of the Licensor. Licensor shall work with the Client to reschedule at no charge to the Client, but if it is not possible to reschedule the Licensor shall have no further liability. If the image(s) are damaged in processing, lost due to a camera malfunction, lost in mail or somehow damaged without fault of the photographer, the photographer shall not be liable for any amount."
ARTISTIC LICENSE: Client is employing Licensor for their artistic style. The Licensor will determine the Service and image(s) according to their artistic intuition and technical skills.
Agreement incorporates the entire understanding of both parties and any modifications to this agreement must be in writing and signed by both parties.
