Please review this Copyright and General Information form for real estate photos. This form outlines what to expect on the day of the shoot and your Rights regarding use of the photographs. A copy of this form will be provided to you on the day of the shoot. Please contact me if you have any questions. My goal is to work together with the client to be sure they are satisfied with the terms.
1. Grant of Rights: The Client grants the Photographer permission to access and photograph the property listed above. The Photographer will shoot, edit, and electronically deliver photographs to the Client.
2. License Agreement: The Client is granted a non-exclusive, limited license to use the photographs taken by the Photographer for marketing and promoting the specific property for which the images were commissioned. This includes use on MLS, real estate websites, social media, brochures, and other materials related to the sale or rental of the property. The Client may not sell, transfer, or use the images for other properties or purposes without the Photographer’s written consent. Both the Photographer and the Client may use the images in their respective portfolios and promotional materials. Any use of the images outside these agreed purposes require mutual written consent. The license is valid for the duration of the property’s listing and does not imply ownership of the images, which remain the property of the Photographer. See the exception in Section 3 below.
Example: If the Agent (as the client) was to move away and assign the property listing to another Agent then the new Agent or Brokerage would have to contact the photographer for a new photo release.
3. License Exception for Non-Property Surrounding Areas: Stock photographs provided by the Photographer that depict features or areas not specific to the property address (e.g., local landmarks, area beaches, nearby parks) remain the sole property of the Photographer. These images are to be licensed to the Client for single use in promoting the property listed above. The license of such images is not extended to the Client for additional usage without the Photographer’s written consent, which may require an additional licensing fee.
Example: The Agent is licensed to use the Photographers’ stock images (e.g., local landmarks, area beaches, nearby parks) for the property listing above. The Agent may not reuse those images for the marketing of another property without consent from the Photographer
4. Alteration of Images: The Client agrees not to significantly alter the images (e.g., through Photoshop or other editing software) without the Photographer’s written consent.
5. Release and Liability: The Client acknowledges that the Photographer will be accessing and photographing the property address above and releases the Photographer from any liability for accidental damage to the property or personal items during the shoot, except in cases of gross negligence or willful misconduct.
Example: If the Photographer accidentally bumps into a lamp and it breaks, they are not liable unless the damage was due to carelessness or intentional misconduct.
6. Property Preparation: The Client is responsible for ensuring the property is clean, decluttered, and staged as needed prior to the photography session. Pets shall be secured. Alarm codes and guard gate access shall be provided in advance.
7. Community Images & Drone Photography: Aerial drone photography and photographs of shared community areas (e.g., pool, gym, or other amenities) may require prior approval from the Homeowners Association (HOA). Obtaining this approval is the responsibility of the Client. Additionally, the Client, Homeowner, or an HOA Representative must accompany the Photographer during these off-property shoots.
Please note that drone photography may be delayed due to inclement weather, high winds, or temporary flight restrictions.
8. Compensation: The Client agrees to pay the Photographer the agreed-upon fee for photography services. Full payment is due upon delivery of the final images.
9. Cancellation Policy: The Client must provide at least 48 hours’ notice for cancellation or rescheduling except in cases of inclement weather. Failure to do so may result in a $75 cancellation fee.
10. Governing Law: This agreement is governed by and construed in accordance with the laws of Florida, USA.