Rights:
All Photos and rights relating to them, including copyright and ownership rights in the media in which the Photos are stored, remain the sole and exclusive property of Real Estate Exposures. This license provides the Client with the limited right to reproduce, publicly display, and distribute the Photos only for promotional or advertising purposes directly related to the sale of the Property. Photos used for any purpose not directly related to the sale of the Property must be with the express permission of Photographer and the payment of additional fees, unless otherwise agreed to in writing.
Photos may be uploaded to any MLS listing service solely for promotion of the Property. However, regardless of any terms and conditions of the MLS, at no time does this Agreement provide Client with the right to transfer copyright, or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106. Photos may contain copyright management information (CMI) at the discretion of Real Estate Exposures in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to Real Estate Exposures for any penalties and awards available under the statute.
Unless otherwise specifically provided elsewhere in this document or other signed agreement between the parties, any grant of rights is limited to a term of either one (1) year from the date of this Agreement, or (2) at the termination of Client’s representation of the Property, whichever occurs first. Further use of images beyond one (1) year requires Photographer’s permission and additional fees. Rights are assigned to the Client immediately upon delivery and payment of the Photos.
Relationship of the Parties:
Real Estate Exposures, nor Real Estate Exposures’s employees or contract personnel are, or shall be deemed to be, employees of Client. No agency, partnership, joint venture, or employee-employer relationship is intended. Real Estate Exposures and the Photos or any other deliverables prepared by Real Estate Exposures shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are expressly defined by this document.
Creation:
The manner and method of creating any Photographs is solely at the discretion of Real Estate Exposures and the Client has no right to control Photographer’s manner and method of performance. Real Estate Exposures will use their best efforts to: (a) ensure that the Photos conform to Client’s specifications; and (b) submit all Photos to Client in publishable quality, on or before the applicable deadlines.
Delivery:
Real Estate Exposures may select delivery of photographs in JPEG, TIFF, PNG, or other standard format, at a resolution that Photographer determines will be suitable for the Photos as licensed. It is the Client’s responsibility to verify that the Photos are suitable for reproduction and that if the Photos are not deemed suitable, to notify the Photographer with five (5)business days. Real Estate Exposures’s sole obligation will be to replace the Photos at a suitable resolution but in no event will Real Estate Exposures be liable for poor reproduction quality, delays, or consequential damages.
Unless otherwise specifically provided, Real Estate Exposures is not responsible to provide images 1) larger than 8”x10” at 300 dpi or 2) in a format higher than 8-bit or in RAW format. Real Estate Exposures has no obligation to retain or archive any Photos delivered to Client.
Fees:
All fees and expenses payable are required before photos are available for download and no later than ten (15) business days from the date of the Photo shoot and payable irrespective of whether Client makes actual use of the Photos. If full payment has not been received within thirty (30) days all rights are revoked at Photographer’s discretion. In the event rights are revoked, all images in the possession of Client will be removed from all forms of media and permanently destroyed within ten (10) days. Client shall provide Photographer with written statement that all images have been removed and destroyed.
Cancellation Policy:
If Client cancellation of Photo shoot occurs on the same day of Photo shoot, Client will pay a twenty-five (25)% cancellation fee. If Photographer is en route during cancellation or arrives at property and the property is inaccessible or not ready for Photo shoot, Client will pay a fifty (50)% cancellation fee.
Transfer and Assignment:
Client may not assign or transfer any rights granted in this document.
Indemnification:
Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Photos or materials furnished by Client. It is the Client’s responsibility to obtain the necessary model or property releases are ensure they are full effect and in force.
Severability:
If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
Waiver:
No action of either party, other than express written waiver, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such rights or remedies will not preclude further exercise of other rights or remedy.
