Terms & Conditions - Real Estate Photography

1. Scope of Work

This contract is for services and products related to a photography shoot (hereafter “shoot” or “the shoot”) of a real estate property to be listed for sale by CLIENT.

PHOTOGRAPHER agrees to provide the images listed on the provided proposal/invoice for CLIENT to view after the shoot and is not required to provide any additional images. PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary.

2. Fees

In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum indicated on the accepted proposal/invoice.

3. Work Product

PHOTOGRAPHER will deliver photos to CLIENT no more than three days (3 days) after the date of the SHOOT. CLIENT understands and agrees that photos are the exclusive property of PHOTOGRAPHER and CLIENT has no right to these photos except for the license granted below.

PHOTOGRAPHER agrees to license photos to CLIENT from the SHOOT. All images produced for the CLIENT may be used by the CLIENT for any and all marketing materials and campaigns associated with the property and for the CLIENT’s self-promotion. The photos may also be used by the CLIENT’s parent company for the sole purpose of marketing the specific property photographed. Ownership of the images remains with the Photographer, and license is granted only to the CLIENT and CLIENT’s parent company, and not to any third party. Any usage of the images by a third party, including but not limited to, architects, builders, stagers, designers, sellers or buyers, is strictly prohibited unless approved in writing by the photographer.

Photos from the SHOOT to be delivered to the client will be according to the following order. PHOTOGRAPHER agrees to provide CLIENT with digital photo files at a resolution not less than 1500 pixels on the long edge. No prints will be provided. Any video files will be provided at a resolution of no less than 720p.

4. Indemnification

4.1 - PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or location during the SHOOT. CLIENT is encouraged to provide a suggested photo list to PHOTOGRAPHER no less than 24 hours prior to the SHOOT to include photos that CLIENT would like PHOTOGRAPHER to shoot, but PHOTOGRAPHER has no liability for capturing any of the photos on the list.

4.2 - If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, such as fire, flood, casualty, act of God or terrorism, illness, or any other reasonable cause outside the photographer’s control or expectation, client agrees to indemnify photographer for any loss damage or liability; however, PHOTOGRAPHER will return all in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SHOOT.

4.3 - CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure. Cameras, hard drives, and memory cards are subject to technical failure. PHOTOGRAPHER will take reasonable steps to prevent data loss, but is not liable for loss of data due to technical failure.

4.4 - CLIENT understands and agrees that PHOTOGRAPHER is required to retain copies of a reasonable number of photos from the SHOOT for 30 days after the SHOOT. After this period has expired, PHOTOGRAPHER has no duty to retain copies or originals of files or photos from the event. It is the responsibility of CLIENT to purchase, store, and backup photos after the 60-day period. This clause is subject to the limitations in Section 4.3 of this Contract.

4.5 – CLIENT understands and agrees that PHOTOGRAPHER may have cords, light stands, and other gear at the location. CLIENT will hold PHOTOGRAPHER harmless for any damage, personal injury, or loss caused by tripping over or otherwise being injured from this equipment. CLIENT further agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER.

4.6 – CLIENT agrees and understands that the quality of a photograph is entirely subjective. PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.

4.7 – CLIENT agrees and understands that PHOTOGRAPHER may perform digital retouching of photos. CLIENT is responsible for ensuring that the retouched photos do not display the real estate or location in a manner that is misleading, or constitutes false advertising.

5. Duty of Client

CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT. PHOTOGRAPHER has no duty to obtain permission of buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent photographer from photographing the event(s) or location(s) is not the fault, liability, or responsibility of photographer.

If CLIENT fails to provide access to the location for PHOTOGRAPHER at the scheduled time of the SHOOT, CLIENT is responsible to pay PHOTOGRAPHER 50% (fifty percent) of the total shoot price to PHOTOGRAPHER for its lost time.

CLIENT will ensure that the property is ready to be photographed at the scheduled time of the shoot. PHOTOGRAPHER is not responsible for cleaning, de-cluttering, or otherwise staging the property for the photography shoot. The property is to be photographed as-is.

6. Property Release

CLIENT represents to PHOTOGRAPHER that CLIENT has the rights to photograph the location, building, or real estate that is the subject of this shoot. CLIENT agrees that PHOTOGRAPHER may use any or all of the photos taken in advertising, trade, or for any commercial purpose. PHOTOGRAPHER has full rights to use any photos from this shoot in any legal manner.

7. Arbitration

Any dispute arising under or in any way related to this agreement shall be submitted to binding arbitration by the American Arbitration Association in accordance with the Association’s commercial rules then in effect. The arbitration shall be conducted in the state of Colorado. The arbitration shall be binding on the parties.

8. Assignability and Parties of Interest

CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific photographer. PHOTOGRAPHER may sub-contract or assign this contract to any second-shooter, PHOTOGRAPHER may assign any photographers associated with the PHOTOGRAPHY COMPANY to perform its duties under this contract. All photographers must be capable and competent to perform the services in a workmanlike manner.

9. Entire Agreement

This Agreement constitutes a single integrated Contract expressing the entire agreement of CLIENT and PHOTOGRAPHER with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions with respect to the subject matter hereof, and, except as specifically set forth herein, there are no other agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter hereof.

10. Amendment and Waiver

This Agreement and each provision hereof may be amended, modified, supplemented or waived only by a written document specifically identifying this Agreement and duly executed by each party hereto or the authorized representative of such party.

11. Venue and Jurisdiction

This Contract is governed by the laws of the state of Colorado and federal courts in that district. CLIENT and PHOTOGRAPHER agree to subject themselves to the laws of this state except for as provided in the arbitration clause. CLIENT and PHOTOGRAPHER hereby waive the right to object to venue within this state.

12. Severability

If any part of this Agreement is determined to be void, invalid, inoperative or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, such decision shall not affect any other provisions hereof and the remainder of this Agreement shall be effective as though such void, invalid, inoperative or unenforceable provision had not been contained herein.