Terms of Service / Image Use / Copyright
Version 1.1 July 1st, 2020
Copyright
Extreme Ross Photography/Ross Franquemont (PHOTOGRAPHER) retains the copyright for all digital images, videos and products created in the course of doing business. The copyright of a product is not transferred to any other party unless a written agreement is made. Licensing for any application other than the advertisement of a property may be made with the photographer.
Digital Media Rights and Usage for Real Estate Photography
The CLIENT (Agent/Owner) who has paid for the photographer’s services has permission to use the products on any electronic or printed form of advertisement for the promotion of that property. This license is valid only until the property has been sold or one year has passed, whichever occurs first (exception: photogrammetry, see below). Owners of rentals (i.e. Airbnb, VRBO) who plan to continuously advertise a property, may continue to use the photographer’s products with the purchase of an annual license once the first year has passed.
The photographer may re-license real estate images for commercial use by developers, builders, designers, or any other vendor. This will be executed with a separate agreement between the photographer and licensee.
Photogrammetric products (i.e. mapping and 3D modeling products), when purchased, will be supplied with an unlimited, transferrable license. Homeowners and agents may pass these products on to new owners or continue to use them without the need to re-license.
Delivery
Delivery of all photographic and video products will be through a unique Dropbox link emailed to the CLIENT. 3D Tours will be provided via URL that is emailed along with an embed code that may be put on the CLIENT’s own website.
Revisions
The CLIENT may request revisions to photographs, videos, and/or 3D tours for corrections of color, style, cropping, or any other creative choices that the CLIENT believes will enhance the marketability of the products. These revisions will amount to no more than 1 hour of post production time or additional fees will apply. The PHOTOGRAPHER has sole discretion in determining how long revisions will take and for determining when no more revisions will take place.
Payment
Payment will be required before final products will be released to the CLIENT. Low-resolution watermarked images and video will be available for approval.
If full payment is received by the time of service, final images will be made digitally available within 24 hours of the photoshoot start time. Final video and all tours will be completed within 48 hours of the photoshoot start time. If full payment is not received by the time of service, the PHOTOGRAPHER will provide images within 24 hours; and video and tours within 48 hours of receipt of full payment.
Cancellation
Cancellations must be made at least 24 before scheduled photoshoot time. If cancelled within 24 hours, a $50 cancellation fee will be collected.
Weather-related cancellations are subject to the above terms. If weather adversely affects exterior home photo quality, or affects the safety of drone flight, then interior photos will be photographed as planned. The CLIENT may request to make alternate arrangements for exterior or drone photos. Additional fees will apply unless a cancellation is received at least 24-hours in advance.
Property Condition
CLIENT will ensure the listing is clean and ready for photography at the time of service. PHOTOGRAPHER is not responsible for any cleaning or moving of furniture but may adjust window and lights and move small objects for the purpose of the photoshoot. CLIENT will ensure there are no hazards and pets are confined out of view. PHOTOGRAPHER will not retouch images to disguise know defects or physical structures.
If the CLIENT will not be present, and the property is occupied, the PHOTOGRAPHER must receive confirmation from the CLIENT that the property’s occupants are aware of the arrival time and purpose of the PHOTOGRAPHER before the scheduled photoshoot time.
Drone Operation
All drone services will be provided by an FAA Part 107 Certified Drone Operator (PILOT) who will operate according to all federal, state, and local regulations. The PILOT will be insured with a minimum liability of $1 Million. Additional coverage may be requested by the CLIENT for an additional fee.
Various aspects, such as weather, winds, or airspace restrictions, may limit or make it unsafe to fly. The decision as to the safety of drone flight rests entirely with the PILOT. If drone services were ordered, but cannot be accomplished, the drone services will not be charged or will be refunded if already paid. Alternate arrangements may be made to collect drone footage for additional fees. (Exception: If the CLIENT has ordered and paid for the “Extreme Complete” package, then the PILOT will attempt to make alternate arrangements for no additional fee.
Additional Terms
Final products will be backed up by PHOTOGRAPHER and can be re-delivered for up to 90 days from the date of delivery. The CLIENT should make backups of all products to use for the duration of the listing. When the property has sold, or is picked up by another agent, the license expires and the client should delete their backup. The client may extend or renegotiate the terms of use for an additional fee.
