LICENSing For Real Estate Photography
Commercial photography can be relatively expensive, but real estate photography is made affordable because the client pays for only the right to use the Photographer's photographs for a short duration for a single listing until the property is sold; not ownership of the photographs. The Photographer is the only person who holds ownership of photos. The Photographer issues a license for the client to use the digital images supplied under this contract in his or her MLS listing and in print for other promotional materials intended to sell the property under his/her current contract with the property owner. This license expires 30 days after the sale of the property depicted in the images.
Using this Photographer's work without the intention of marketing the particular property for sale constitutes unlicensed commercial usage. Using the images outside of the scope of marketing a property for sale starts at $150 per photo used and can easily exceed $1000 (depending on the desired duration/capacity in which the image will be used). Images considered for use in any publication online and/or print must include photo credit to Joe Purvis (not 'Courtesy of Agent or Brokerage') and it is the client's responsibility to ensure photo credit is given.
Photos may never be given to another business entity without Photographer's permission. This includes architects, designers, builders, cabinet-makers, landscapers, stagers, etc.
COPYRIGHT
It is ILLEGAL to copy or reproduce these photographs elsewhere without Photographer’s permission, and violations will be subject to its civil penalties.
TERMS AND CONDITIONS
• Services are only rendered after payment has been received.
• Turnaround time for real estate photography is usually the next day. Real estate photography done on Friday is normally delivered on Monday, so Thursday is the last day to get photos for the weekend at no additional charge.
• Upon receipt of payment, the Photographer shall reserve the time and date agreed upon. There is a $30 charge for any refund, however a 100% credit can be applied to future work. If the session needs to be rescheduled or for any reason with less than 48 hours notice, there is no fee if the Photographer is able to fully replace the reservation. If the photographer is unable to replace the reservation with other work: There is no fee for the first case, there is a 50% loss of investment for the second time, and a 100% loss of investment for the third time.
• If, in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of photographs meeting the artistic standards of the photographer, photographer may elect to reschedule the session. During most inclement weather, the photographer still photograph the interiors and make every effort to provide good exterior photographs.
• The Photographer reserves the right to use images created under this contract for advertising, display, publication or other purposes. The Client agrees that he or she has actual authority to agree to the use of images from this session in this manner and shall indemnify and defend the Photographer in the event of litigation arising out of such use. Digital files always remain the exclusive property of this Photographer.
• If the Photographer cannot perform the services due to Photographer’s illness or emergency, then the Photographer shall return any deposit or fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of all monies paid.
• The fees in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.