Photo Usage Terms and Conditions
Agreement
The following terms and conditions dictate the use of our Products/Services. By using our Products/Services you acknowledge and accept these terms and conditions.
Matthew R. Christ Photography LLC, hereinafter also known as LLC/Us/We, agrees to provide you with the Products & Services. We are an independent contractor, not an employee for any firm or agency. You acknowledge and agree to not claim to be our agent and as such cannot make agreements on behalf of Us. By entering this agreement to use our Services to in-turn provide the Products for your use, you authorize Us to be on the Property and take photographs. You agree to and promise to indemnify Us, defend Us, and pay the expenses of our defense, if a claim is made against Us arising from the Services we have agreed to perform for you.
photo usage terms:
Upon successful payment for Products & Services, you obtain the Rights to the Products. You agree not distribute, transfer, or reassign the Rights and/or the Products for profit, gain, or free. Any and all licensing and distribution of the Rights & the Products to any entity other than you must be done so through Us. The Rights of use for the Products is limited you, the agent, to market or advertise your services and/or real estate listings. The Rights to not extend to your affiliated agency, parent company, or firm, and thus should not be used to market or advertise for the affiliated parties mentioned prior. Any alterations to the final Product are prohibited without express permission from the LLC. Upon request, We will grant editorial rights to ONLY crop an image.
Reshoot policy:
After receipt of the Products, you agree to send notice to Us in writing, physical or electronic, within three (3) business days if the you find the Products to be unacceptable. In the case of the Products being found unacceptable, We find such as our sole obligation to replace the Products. In no way will We be liable for consequential or incidental damages of any kind.
photo posting terms:
The Rights of usage of the Products permit the posting of the Products on multiple listing services (MLS) and additional listing services for the Property. The Rights of usage of the Products is limited to one (1) year from the date of purchase of the Products or until the listing expires, whichever comes first.
cancellation policy:
This fee serves as compensation for time and the reservation for a shoot in the occurrence of our arrival to a location and it is not ready to be photographed, as confirmed prior to scheduling, this fee will apply. If you give notice of a necessary cancellation or rescheduling twenty-four (24) hours prior to a scheduled time, this fee will not apply.
staging moving policy:
This fee covers any rearranging of objects in a home. We are not a cleaning crew, or a moving operation, but we will make minor adjustments to a room if needed (e.g. moving small paint cans into a closet, nails/screws/small handheld-tools into drawers, etc.) to make the scene look its best given circumstances. We will not move contractor tools, or anything that would potentially harm the photographer(s) in moving. We will contact if we arrive to a property and there is too much to be moved/staged for clean photos; at this time, we will inquire if the shoot will proceed with everything "as is" or terminate the shoot (see Termination Fee for details). We will provide photographic proof of items that needed to be moved for the shoot.
If approached and asked for your Rights to the Products, you agree to refer the inquiring party or entity to Us. If we agree to allow an additional party or entity to obtain the Rights of the Products, an additional licensing fee may be required to be paid by the requesting party, not the referring party. Your Rights do not permit third-parties to copy, use, or distribute the Products for the purpose of advertising or providing services competitive with our Services unless we give you our written permission.
payment policy:
Payment for Products & Services is payable upon delivery of the Products & Services. If for any reason payment is not made within fourteen (14) business days from the date of delivery of the Products/Services, the Rights granted to you will terminate automatically. You will be asked to cooperate to remove photos from your listing until payment is received. If action to comply with our request is refused, you acknowledge and accept that legal action will be taken against you.
You acknowledge and agree that We will remain sole owners of all the Products' copyrights. All photographs are the copyright of the photographer. This agreement does not transfer copyright to you or your associated MLS. If We discover copyright infringement, you agree to cooperate with us to stop the infringement or collect resulting damages. We retain the Right to use the Products for our own marketing and advertising purposes without further permission or notification.