TERMS OF SERVICE | photography

PHOTOGRAPHY AGREEMENT AND LICENSE – TERMS AND CONDITIONS

These terms and conditions govern our agreement and cover this and all future orders for Real Estate Photography services.

1. OWNERSHIP AND COPYRIGHT You agree that I will remain the owner of all the copyrights in the Products. ALL PHOTOGRAPHS ARE THE COPYRIGHT OF THE PHOTOGRAPHER. This agreement does not transfer copyright to you. You agree I reserve all rights not granted to you by this agreement. If I discover that someone is infringing on my copyright, you agree to cooperate with me to help stop the infringement or collect damages.

2. USAGE RIGHTS AND LIMITATIONS I agree to provide you with the Products (photographs). If you have paid in full, you have the Rights to use the Products. Your Rights permit you to post my photographs on multiple listing services (MLS) and for the marketing of the Property listing. These Rights are non-transferable and expire once the listing has been sold, leased, or the listing agreement is terminated. You agree not to transfer, assign, or sub-license your Rights to anyone without my written permission. If anyone (such as builders, stagers, or other agents) asks you for any Rights to the Products, you agree to refer them to me.

3. AI RESTRICTIONS The Client is strictly prohibited from using any provided Media with Artificial Intelligence (AI) tools or generative models to create derivative works. This includes, but is not limited to, AI-generated video, virtual twilight, virtual staging, or floor plan generation. These enhancements are offered exclusively as professional services by the Photographer.

4. PROPERTY READINESS AND ACCESS You authorize me to come onto the Property and take photographs. You have the authority to allow me entry. The Property shall be “camera ready” at the scheduled time. I am not responsible for moving furniture, cleaning, or staging. If the property is not ready, I may choose to shoot the property “as-is” or reschedule at my discretion, which may incur a rescheduling fee. You promise to indemnify me and defend me if a claim is made against me arising out of the services I perform for you.

5. WEATHER AND CANCELLATIONS Any appointment canceled or rescheduled with less than 24 hours' notice may be subject to a 50% cancellation fee. In the event of inclement weather, I reserve the right to reschedule the shoot to the next available opening. If you choose to proceed with the shoot despite weather warnings, I am not responsible for the aesthetic quality of the exterior images or the sky.

6. DELIVERY AND ACCEPTANCE Standard delivery of Products is 24-48 hours from the completion of the shoot. When you receive the Products, please check them to be sure they are acceptable. To avoid misunderstandings, you agree to notify me in writing within five (5) business days of receipt if you believe they are not acceptable, in which case my sole obligation will be to replace/re-edit the Products. Any additional services requested after delivery will incur an additional fee.

7. PAYMENT AND LIABILITY My Fee is payable at the time of service and/or prior to delivery of photographs. If for any reason payment is not made, the Rights granted to you will terminate automatically. I am an independent contractor and not your employee. In no event will I be liable for incidental or consequential damages of any kind, and my total liability shall not exceed the total amount paid for the services rendered.