TERMS & CONDITIONS OF SERVICE
Scope of this Agreement
This Agreement applies to any digital assets, digital images, photographs, videos, graphics, or any other media contained therein [“Photos”] created or taken by Wojciech Michal Izydorczyk or any other parties, D.B.A. Listing Photoshoot [“Photographer”] and delivered to an Agent, a Broker or an Owner [Client] for the specific property location(s) [“Property”].
This Agreement governs the relationship between the Parties. Any amendments or modifications to this Agreement must be agreed to in writing and signed by the Parties.
Rights & Usage
All Photos produced for a Client may be used by the Client for any and all marketing materials and campaigns associated with the sale of the property for the duration of the contract with the seller, and for the Client’s self-promotion. The Photos may also be used by the Brokerage for the sole purpose of marketing the specific property photographed [Rights].
All Photos and rights relating to them, including copyright and ownership rights in the media in which the Photos are stored, remain the sole and exclusive property of the Photographer. License is granted only to the Client and Client’s parent company, and not to any third party. The Client may NOT sell, distribute, transfer, assign or sublicense copyright or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106 to any another party.
If anyone asks Client for any of Client’s Rights to the Products, Client agrees to refer them to the Photographer. Photographer has the right to use the Photos for marketing and promotional materials, and to issue additional licenses to any third party for a fee. If the Photographer agrees to allow others to use the Photos it will be in a way that does NOT interfere with Client’s Rights.
Any usage of the Photos by a third party, including but not limited to, architects, builders, stagers, designers, sellers or buyers, is strictly prohibited unless approved in writing and licensed by the photographer.
Cancellation, Rescheduling and Inclement Weather Policy
Any shoot canceled or rescheduled within 24 hours of a booked appointment may be subject to a $70 Cancellation Fee unless due to inclement weather such as rainfall or snowfall (cloudy days are not considered inclement weather).
If a Property is not photo-ready, it will be considered a cancellation or shot as-is.
If a Property is not accessible, it will be considered a cancellation.
In the event of inclement weather preventing photography, a new date will be scheduled at the earliest available time. It is also possible to shoot the interior only and make another, shorter appointment for exterior only.
At The Shoot
The Client is responsible for the presence of an authorized representative at the shoot to approve the Photographer’s interpretation of the project. If a Client or representative is not present, the Photographer’s interpretation shall be deemed acceptable.
The Photographer will make a reasonable effort to remove litter, stray objects, etc. from the rooms. However, please note, that this does not include things like making beds or arranging furniture. Agents are expected to have the property staging and cleaning completed prior to the shoot. All properties will be shot “As Is.”
If a Client has a specific preference, Client’s input is important when choosing the best rooms and angles to photograph. Absent Client’s input, the Photographer will use his/her best judgment and experience to decide how best to shoot the property and the resulting images will be deemed acceptable. This includes determining subtle details such as whether lights will be on or off, blinds open or closed, etc.
After The Shoot
Delivery of digitally retouched Photos is usually within 24 hours of the shoot end unless otherwise specified. All images will be delivered in resolution optimized for Streeteasy and/or for local MLS. Different sized images can be provided upon request.
Upon Client’s request, a watermark with a company logo or personal branding can be applied to the images. The logo needs to be provided in a sufficient resolution.
The Photographer will save Photos for up to 1 year from the date of the shoot. After 1 year, the content will be removed from our storage.
It is recommended that you save the photos and video content to your computer. If you need Photos of the Property after 12 months, the Property will need to be reshot.
Travel policy applies to shoots outside of Brooklyn, Queens and Manhattan.
First 30 miles and 1 hour 30 minutes of a round trip from Ridgewood, NY city center is included.
Travel fee of $1.25 per mile and/or $30 per hour applies to mileage above 30 miles and/or trips longer than 1.5 hours (i.e. 65 miles, 2 hours round trip will incur 35 miles and half an hour charge).
All paid tolls will be added to the final invoice.
Photographer will supply an invoice within 24 hours of the end of the shoot with all fees detailed.
Payment is accepted via check, electronic transfer, and major credit card.
Payment is due at the time of final delivery of all Photos, unless a prior arrangement has been accepted prior by both parties.
If payment is not received within 14 days, a 10% late fee will be applied to the invoice total every 7 days.