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Terms
Licensing Agreement
Terms: This Photographer Licensing Agreement is entered into effect between Photographer and Client. All references to the Client in this Agreement shall include Client's parent companies, affiliates and subsidiaries.
Agreement: This Agreement applies to any photographs, videos, graphics, media, digital assets, or digital images created or taken by Photographer and delivered to the Client. 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: All Photos and rights relating to them, including copyright and ownership rights in the media in which the Photos are stored, remain the sole and exclusive property of the Photographer. This license provides the Client with the limited right to reproduce, publicly display, and distribute the Photos only for promotional or advertising purposes directly related to the sale of the Property. Photos used for any purpose not directly related to the sale of the Property must be with the express permission of Photographer and the payment of additional fees, unless otherwise agreed to in writing.
Unless otherwise specifically provided elsewhere in this document or other signed agreement between the parties, any grant of rights is limited to a term of either one (1) year from the date of this Agreement, or (2) at the termination of Client's representation of the Property, whichever occurs first. Further use of images beyond one (1) year requires Photographer's permission and additional fees. Rights are assigned to the Client immediately upon delivery of the Photos.
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 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 unless otherwise specifically provided. Photographer is not responsible to provide images 1) larger than 8x10" at 300 dpi or 2) in a format higher than 8-bit or in RAW format. Photographer has no obligation to retain or archive any Photos delivered to Client.
Turnaround: Photographer will deliver final edited images within 48 hours after the photoshoot. Videos will be delivered within 5 business days.
Preparation: Client is responsible for reviewing the "Preparation Tips", provided when creating an order and in the Appointment Confirmation email, and completing each step, as well as giving awareness of these "Tips" to the homeowner before the scheduled photoshoot. Client is also responsible for any cleaning, moving furniture, decluttering and overall preparing the property for photos to be taken prior to the Photographer arriving. If property is not prepared at the time of the Photographer's arrival, resulting in a delay of the scheduled photoshoot time, the Photographer will reserve the right to leave after the time is up if other photoshoots are scheduled that day and Client will not be entitled to a refund of any amount. If the photoshoot was incomplete within the scheduled time, a Reshoot Fee will be charged to the Client to have the Photographer return to finish the photoshoot.
Arrival Time: Photographer may arrive within 15 minutes after the scheduled time. The Client will be contacted and notified if Photographer arrival is delayed longer than 15 minutes.
Fees: All fees and expenses payable under this agreement are required upon the time the order is made and payable irrespective of whether Client makes actual use of the Photos.
Cancellation: If Client's cancellation of the photoshoot is within 24 hours of the agreed date and time, Client will pay any expenses incurred and a cancellation fee will be charged to their account. For Client cancellations within 12 hours of the property shoot, Client is responsible for 50% of the order total and any expenses incurred. Rescheduling of the photoshoot will not void any fees.
Accompaniment: Clients must be present for all shoots unless other options are agreed upon with Photographer.
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.
Transfer and Assignment: Client may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties. However, the invoice may reflect, and Client is bound by authorizations that could not be confirmed in writing because of insufficient time or other practical considerations
Indemnification: Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Photos or materials furnished by Client. It is the Client's responsibility to obtain the necessary model or property releases are ensure they are full effect and in force
General Law/Arbitration: This Agreement sets forth the entire understanding and agreement of the parties, and supersedes any and all prior agreements between the parties. This Agreement shall be governed and interpreted and enforced in accordance with the laws of the State of New Jersey. Any claim or litigation arising out of this Agreement or its performance may be maintained only in courts physically located in Ocean County, New Jersey, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys' fees incurred in the litigation. If parties are unable to resolve the dispute by negotiation either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties
Severability: If one or more of the provisions contained in the agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
Waiver: No action of either party, other than express written waiver, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such rights or remedies will not preclude further exercise of other rights or remedy.
PREPERATION TIPS Please use these tips for preparing the house to ensure everything is captured at its best and for fastest shooting times.
LIVING & FAMILY ROOM -Remove all clutter -Sweep and vacuum the floors, stairs, and carpets -Remove throw rugs -Hide children's toys and cribs -Hide seasonal items
KITCHEN & DINING ROOM -Wipe down countertops -Put all small appliances away -Hide sponges and soaps -Remove garbage cans -Remove magnets and items from the refrigerator, & dining room table -Remove throw rugs
BEDROOMS -Make all beds -Organize children's toys -Sweep and vacuum all floors -Hide personal items -Fluff and straighten pillows -Relocate laundry baskets -Remove side table clutter
BATHROOMS -Hide toiletries, soap, and body wash -Wipe down countertops -Remove garbage cans -Remove floor mats -Put away scales -Display clean towels -Put the toilet cover down -Clean rip toilet paper roll
LAUNDRY ROOM -Remove all clutter -Remove clothes from inside machines -Clean dust and clutter around sides of machines
GARAGE -Remove all clutter -Remove all cars
Whole House -Turn on interior lights -Turn off all ceiling fans -Open up all blinds -Hide family photos -Move cars from the driveway -Remove cars that are parked in front of your home
EXTERIOR -Be sure lawn height is acceptable -Roll up hoses -Set up exterior furniture -Hide trash cans and garbage -Remove realtor signage
By checking this box, Client agrees to all of the terms listed above.
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