REAL ESTATE PHOTOGRAPHY AGREEMENT
This “Agreement” governs your use of real estate photography services, design services, and related photographs and images as specified in the related Invoice (collectively, the “Images”), for the “Property” noted in that Invoice. Your hiring of Belovephotos Media, payment of the Invoice, or use of the Images signifies your acceptance of this Agreement. Belovephotos Media (“we” or “us”) provides you with the following rights to use the Images. These rights are granted only to you and you agree not to transfer, assign or sublicense any rights without our written permission.
Review Period & Reshoots.
It is the responsibility of the agent to inform us as soon as possible for rescheduling. A photo session that is rescheduled or canceled after 8pm the day before will be charged a 50% rescheduling fee. Once a photographer has arrived at a property, the order may be canceled, however there will be no refund. Reschedules will be subject to the photographer’s availability.
Any rights we grant you are limited to a term of either one year from the date of the Invoice, or the termination of your representation of the Property, whichever occurs first (“Term”). Using the Images beyond the Term requires Belovephotos Media’s written permission and may require additional fees.
Images, including but not limited to all photographs, and all rights relating to them (such as copyright) remain the sole and exclusive property of Belovephotos Media. We grant you the limited right to reproduce, display, and distribute the Images only for promotional purposes directly related to the sale of the Property. You may upload the Images to the MLS to promote the Property during the Term. Any other use, including use by any third parties requires Belovephotos Media’s written permission. If a third party asks you if they can use the Images, you must refer them to us. We reserve all rights not granted to you by this Agreement.
You agree we are an independent contractor and not your employee. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Our Images are not to be deemed work for hire. All rights are contractual and expressly defined by this Agreement.
Payments will be received prior to delivery of images. The photo release is not authorized until payment is received in full. Failure to pay for the images will result in a copyright infringement. You will be asked to remove the image from any electronic or printed form of advertisement. Failure to stop using them will result in legal action.
Please use our online booking system at belovephotos.com
You have the necessary authority to allow us to enter the Property and take photographs. You have authorized us to enter the Property to take photographs. You agree to indemnify and defend us against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of our services to you or the creation or any use of the Images.
Belovephotos Media Agreement apply to all customers, clients and end users of the services provided within Belovephotos Media service including photography, video, aerials, etc.
This Agreement, including the attached Invoice, is the entire understanding and agreement between you and us, and supersedes any and all prior agreements. This Agreement is governed by and interpreted in accordance with California law. If one or more provisions in this Agreement are found to be invalid, illegal or unenforceable in any respect, such provisions will be revised only to the extent necessary to make them enforceable and the validity, legality and enforceability of the remaining provisions will not be affected.
Thank you for taking the time to read this Agreement and complying with these terms.