Agreement Scope
This formal Agreement applies to any digital assets taken or created by A & W Realtor Photos and delivered to an Agent, a Broker or an Owner. This includes any photographs, digital images, videos, graphics, or any other content created by A & W Realtor Photos .
The purpose of this Agreement is to govern the relationship between all of the parties. If any amendments or modifications are proposed, they must be agreed upon in writing by the signed Parties.
Usage and Rights
The Client may use any and all photos produced for them by A & W Realtor Photos in their marketing materials and campaigns as associated with the sale of the property only for the duration of the agreed upon contract with A & W Realtor Photos. Client also retains the right to use these photos for the sole purpose of promoting the particular property photographed.
The Photographer retains sole and exclusive ownership over all photos, rights related to them, including copyright and ownership, along with the media in which these photos are stored.
The Photographer may grant license to the Client and/or Client’s parent company, however licensing will not be granted to any third party.
These photos are not to be sold by the Client. They may not distribute, assign, transfer, or sublicense copyright or other exclusive rights to any other party in accordance with the Copyright Act 17 U.S.C § 106.
The client agrees that they will refer anyone that asks them for any of the Client’s rights to the product to the Photographer. The Photographer maintains the right to use the photos for their personal marketing and promotional materials and may issue additional licenses to other third parties for a fee. In the case that the Photographer chooses to allow others to use these photos, it shall be in a manner that does not interfere with the rights of the client.
Usage of these photos by builders, architects, stagers, sellers or buyers, designers, and others is strictly prohibited unless the photographer approves in writing.
Cancellation, Rescheduling and Inclement Weather Policy
Client may be subject to a $75 Cancellation Fee for any shoot that is canceled or rescheduled within 24 hours of the booked appointment time. There are exceptions for inclement weather that is detrimental to the shoot including rainfall or snowfall. Note that cloudy days are not considered inclement weather.
Property must be photo-ready at the time of the appointment. If it is not, the Photographer will consider it a cancellation or a shot as-is.
Cancellation will occur if the property is not accessible.
If inclement weather prevents the shoot from happening, Client and Photographer will schedule a new shoot at the earliest available time. If it is possible to shoot the interior but not the exterior, a separate, shorter appointment will be set to shoot the exterior only at a later date.
Day of the Shoot
On the day of the shoot, the Client is responsible for ensuring an authorized representative is present to approve of the Photographer’s interpretation of the shoot. If the Client fails to provide this authority, the Photographer’s interpretation shall be final.
For the purpose of the shoot, the Photographer can make a reasonable effort to remove stray objects and litter from the rooms. Please note that this does not include arranging furniture or making beds as this is the responsibility of the agents. They must have the property staged and cleaned prior to the Photographer’s arrival. Properties are shot as-is.
If the Client has a specific preference, they are to provide input when choosing the rooms and angles to photograph. Without the Client’s guidance, the Photographer will use their best judgement to decide which rooms and angles to shoot. Their opinion will be considered acceptable. This judgement will include determining even the most subtle details like lighting and more.
Post-Shoot
The Photographer shall deliver the digitally retouched photos to the client within 24 hours after the shoot unless specified otherwise. Photographer will deliver the images optimized for Streeteasy and/or local MLS. If Client requests, Photographer can deliver images in other sizes/resolutions.
Photographer can apply a watermark with a personal or company logo upon client request. Client must provide the logo in a sufficient resolution for optimal quality.
Storage of Media
For up to 1 year, the Photographer will save and store the photos from the shoot. After 365 days have passed since the date of the shoot, the Photographer will delete and remove the photos from storage.
Client is recommended to save their photo and video content to their personal computer. If they fail to do so and need the pictures after 12 months, the property will need to be shot again.
Payment
Within 24 hours of the completion of the shoot, Photographer will send Client an invoice with all fees detailed.
Accepted payments include check, electronic transfer, or major credit card.
Upon final delivery of the photos, payment is due. There are some exceptions if both parties have agreed to a different arrangement prior.
A 10% late fee will be applied to any invoice total every 7 days if payment is not received within the first 14 days after the invoice is delivered.