[1] Delivery and Rights : When media is delivered, Provider grants to Client a non-exclusive, royalty-free license for use of the images, video and other media created or provided by Provider for use by Client and/or Client’s affiliated brokerage firm to carry out normal business tasks associated with offering real estate properties to the public for sale or lease. Provider retains a perpetual, royalty-free license to utilize the media it creates for Client to promote Provider’s services and offerings in a variety of public and private communications channels.
[2] Payments : Client is responsible for payment in full at the time the photoshoot is completed. All fees and expenses payable under this agreement are required irrespective of whether Client makes actual use of the media or the licenses to use them. Client and its principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for additional Images, fees and expenses that could not be confirmed in writing because of insufficient time or other practical considerations.
[3] Storage of Media : Upon delivery of media to Client via Provider’s system(s), Client is responsible for downloading and archiving photographic media on Client’s own storage systems. As part of its service offering, Provider offers storage of photos and other media on its systems for 1 week.
[4] Reshoots: Client will be responsible for a fee for any reshoot required by Client that is not as a result of any material defect to Images caused by Provider.
[5] Indemnification and Disputes : Indemnification: Client will indemnify and defend Provider against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any Images or arising out of use of or relating to any materials furnished by Client. Disputes: Any dispute regarding this agreement shall, at Provider’s sole discretion, either:
[6] Photoshoot: Photographer’s job is to go in the house, take the pictures, then leave. Photographer is not responsible for moving or decluttering anything in the property. Photographer will only stay the allocated time.
[7] Rescheduling, Cancellations and Refunds : Should Client need to modify or cancel a confirmed appointment for any reason, Client is responsible for notifying Provider no later than 8:00PM Pacific Time the day prior to the appointment. If Client modifies or cancels an appointment after 8:00PM Pacific Time the day prior to the appointment, a Late Notice Fee of $75 will be assessed. This Late Notice Fee applies to
[8] Transfer and Assignment : Client may not assign or transfer this agreement or any rights granted under it. The assignment rights denoted herein also do not grant the Client the right to transfer Images supplied by Provider to another party (e.g., Real Estate Agent, Property Manager, Homeowner, etc.) for the purposes of re-using the Images to avoid paying fees for service