PHOTOGRAPHY AGREEMENT AND LICENSE – TERMS AND CONDITIONS
These terms and conditions govern our agreement. Your use of our Products/Services signifies your acceptance of these terms and conditions.
We agree to provide you with the Products/Services. If you have paid us in full, you have the Rights to use the Products. You agree that the Rights to use the Products have been granted only to you. You agree not to transfer, assign or sublicense your Rights to use the Products, or the photographs contained therein, to anyone without our written permission. You have the right to use the Products to market or advertise your services or real estate listings. You may not alter the images in any way without permission. You may request editorial rights to crop an image but in no way should any alterations be made to the images to change their color or appearance without special permission.
When you receive the Products from us please check them to be sure they are acceptable. Any additional services requested after delivery of the Products will incur an additional fee. To avoid misunderstandings you agree to notify us in writing within five (5) business days of receipt of the Products if you believe they are not acceptable, in which case our sole obligation will be to replace the Products. In no event will we be liable for incidental or consequential damages of any kind.
You agree that we will remain the sole owners of all the copyrights in the Products. ALL PHOTOGRAPHS ARE THE COPYRIGHT OF THE PHOTOGRAPHER. This agreement does not transfer copyright to you or your MLS. You agree we reserve all rights not granted to you by this agreement. If we discover copyright infringement you agree to cooperate with us to stop the infringement or collect resulting damages.
Your Rights permit you to post our photographs on multiple listing services and make the Products available in your MLS for the Property. However, your Rights do not permit third-parties to copy, display or distribute our photographs for the purpose of providing services competitive with our Products unless we give you our written permission. Your Rights of usage of our Products is limited to 1 year from date of purchase of the Products or until the listing expires, whichever comes first.
If anyone asks you for any of your Rights to the Products, you agree to refer them to us. If we agree to allow others to use the Products an additional licensing fee may be required. We agree not to use the Products in a way that interferes with your Rights. We have the Right to use the Products for our own marketing and advertising purposes without further permission or notification.
You authorize us to come onto the Property and take photographs. You have the authority to allow us entry and permit us to take photographs. You promise to indemnify us, defend us, and pay the expenses of our defense, if a claim is made against us arising out of the services we perform for you.
We are an independent contractor and not your employee. You are not our agent and cannot make agreements on our behalf.
Our Fee is payable upon delivery of the Products/Services. If for any reason payment is not made within (30) days from the date of delivery of the Products/Services, the Rights granted to you will terminate automatically. All access to Product usage by you or your clients will terminate.
Please call 770.329.6132 if you have any questions about these Terms of Service.