Real Estate Photography Service Agreement
Nathan Dugan Photography
Nathan Dugan Photography/Nathan Dugan (PHOTOGRAPHER) retains the copyright for all images taken during a real estate shoot. A limited license is granted to the real estate broker/agent (CLIENT) who commissioned the photographs for the sole purpose of marketing the real property for sale through digital and print means. This limited license expires once the CLIENT is no longer managing the listing, the listing expires or is withdrawn, or the home is sold. Images may be resized by the CLIENT if necessary, but no other edits or alterations are permitted except with permission of the PHOTOGRAPHER.
CLIENT may not give, sell, or license images to anyone. This includes the homeowner, other brokers/realtors, or any vendors associated with the real property. Disregarding these terms will result in copyright infringement/violation (Digital Millennium Copyright Act of 1998, 17 U.S.C. §512(c)) and may result in legal action. PHOTOGRAPHER recognizes that CLIENT does not control how images are shared by MLS and syndicated to other property listing sites (Zillow, Trulia, et al.) and CLIENT is not liable for such use.
PHOTOGRAPHER may re-license images to vendors, and this will be executed in a separate agreement between the PHOTOGRAPHER and licensee.
Payment and Delivery
Payment for real estate photographs is due 7 days (1 week) following the actual shoot. If the shoot takes place at 2 p.m. on Monday, then payment is due the following Monday by 2 p.m. PHOTOGRAPHER understands the busy nature of real estate work, and provides some flexibility regarding payment by CLIENT for that reason. Failure to pay by the deadline specified in the service agreement and on subsequent invoice to CLIENT will void CLIENT’s limited license to use the photographs. CLIENT will be in violation of PHOTOGRAPHER’s copyright and will be asked to remove photographs from any digital and print advertisements/marketing immediately, or to pay the invoice in full. Failure to comply by these terms within 12 hours may result in legal action.
PHOTOGRAPHER agrees to deliver final images within 24 hours and video within 48 hours. If PHOTOGRAPHER is unable to honor this time frame due to the nature of the job (multiple photo and/or video services or an abnormally large home), PHOTOGRAPHER will notify CLIENT prior to confirming booking.
CLIENT will ensure that the listing is clean, clutter-free, and ready to photograph at time of service. PHOTOGRAPHER is not responsible for cleaning, dusting, changing lightbulbs, or moving furniture but may adjust window coverings, move occasional small items or turn on/off lights as necessary.
CLIENT shall ensure that there are no hazards to the photographer's safety and that pets are confined out of view. PHOTOGRAPHER will not retouch images to disguise known defects and/or physical structures such as wall/floor blemishes, driveway cracks, power lines, etc.
Cancellations and Rescheduling
CLIENT has the right to cancel and/or reschedule the shoot up to 1 day (24 hours) in advance without penalty. CLIENT cancellations made within 24 hours of the scheduled shoot will be subject to a 10% cancellation fee. Shoots that are rescheduled by the CLIENT within 24 hours of the shoot will be subject to a 5% reschedule fee, payable when the service is completed. Fees are additive, and multiple requests to reschedule and/or subsequent cancellations after rescheduling a shoot may be subject to an increased fee.
Some weather conditions can adversely affect exterior home photo quality or prevent safe drone flight. PHOTOGRAPHER will advise CLIENT when this is likely to be the case. CLIENT will make the final decision as to whether or not to proceed with the shoot as scheduled. Should CLIENT decide to reschedule the shoot, the reschedule fee will be waived. If the CLIENT cancels the shoot indefinitely, the cancellation fee will still apply.
Should CLIENT proceed with the shoot despite PHOTOGRAPHER’s warning and subsequently request additional photographs due to decreased quality, a standard re-shoot fee will apply.
Final images are backed up by Nathan Dugan Photography and are available to be re-delivered until 90-days from date of shoot. Photos may no longer be available beyond that time frame. It is recommended that CLIENT makes a local backup of the images to use for the duration of the listing. Once CLIENT’s contract with the homeowner has ended (property is sold or picked up by another agent), the license expires so CLIENT should delete their backup at that time.