Real Estate Photography Licensing and Usage
(1) Definition: “Image(s)” means all visual representations furnished to Client by Photographer, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media. “Photographer” and “Starlight Images, INC.” may be used in conjunction and synonymously throughout this agreement. Herein “Client” is he or she who has requested production of Images and the generation of a particular photographic assignment.
(2) Rights: Starlight Images, INC., and Photographer, retain full copyright and intellectual property rights to all Images delivered to Client. This licensing agreement grants Client, upon receipt of full payment, the non-transferable, non-assignable, and non-exclusive license to use Images for the purpose of marketing and advertising a home or commercial property for sale in conjunction with an MLS service, and their own personal business while the listing is still on the market. This agreement ends when the listing involved ceases to be for sale on the market, unless otherwise noted by Starlight Images, INC. or Photographer in writing. This includes public online display on client’s website, use in web advertisements, social media, and for the distribution and syndication via MLS in accordance with all current local MLS policies and policies located in the MLS Handbook. Unauthorized use of Images by third parties will be deemed as a breach of this agreement and includes but is not limited to the transmitting, broadcasting, selling, licensing, printing, distributing, and exploiting of Images furnished to Client by Photographer, for any gain, financial or otherwise. If Client is approached by a third party such as an architect, builder, stager, seller, or buyer, etc. about usage of Images, Client will refer said inquirer back to Starlight Images, INC. the full copyright owner.
(3) Indemnification: The Client indemnifies and holds harmless Starlight Images, INC., and Photographer, against all claims, liability, damages, costs and expenses incurred during the Image making process and stemming from a breach of this agreement, the use of the images, failure to abide by any restriction regarding the use of an image, or any claim by a third party related to the use of the image.
(4) Assignment Cancellations, Postponements, Non Photographable Environment:Client is responsible for payment of all expenses incurred up to the time of cancellation of the assignment. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party. A reschedule or cancellation must occur 24 or more hours before the scheduled shoot time and date or Client will be charged 100% of Photographer’s fee regardless. If no form of access, CBS, or Combo Code information is provided to Starlight Images, INC. or Photographer 24 hours prior to shoot time, it is assumed that Client will be at the location ready to grant access to Starlight Images, Photographer, and affiliates. An environment will be deemed Non-Photographable, and 100% of Photographers fee will incur, if a security system is activated, in an alarm state, or otherwise impedes the creative process, if there are unattended minors on site, if there are any sort of personnel on site such as handy men, landscapers, electricians, or others that would impede the creative process, and if there are unrestrained pets on site. Starlight Images, INC. and Photographer are not liable for any unrestrained pets leaving property on their own will and/or volition. All heavy staging and property preparations to make property ready to shoot on arrival must be made prior to arrival of Photographer. Property merchandising for optimal image quality will be made by Photographer, if Client is not present, but will not exceed the time limit of Fifteen (15) minutes.