REAL ESTATE SERVICE AGREEMENT
By ordering services from Sky Scene you agree to the following Service Agreement for Digital Imagery. We Hope these policies are helpful and instructional as we work together to create beautiful photographs for your marketing.
Limited Licensing Release:
Notice of License
The Photographer Grants Client a limited, non-exclusive, non-transferable license for the purpose of listing the Property under the Client's current contract with the property owner. This extends to the Client's use of images on the MLS listing as well as other promotional materials intended to sell the property. In the event the property does not sell, these images may not be transferred to any other party, including subsequent listing agents or the property owner. Notice of Copyright It is illegal to copy or use these images without Photographer's permission. Use without permission may be subject to civil or criminal penalties. Client understands that Photographer owns the images and retains all rights, and may use them for Photographer's own promotional purposes or re-sale. Client also warrants that they have the authority to enter into this contract for the Property, and shall indemnify and defend the Photographer in the event of any litigation arising due to this contract.
Images delivered are licensed to the “licensee” for:
-The purpose of listing a property only.
-Term of the listing
-A primary photo can be used for a longer duration and for additional “sold” marketing materials.
- For image integrity, and quality control we ask that Images not be altered once delivered.
- Image editing will be done by Sky Scene, fees may apply.
- Please contact us for an additional release for any/all printed publications. Fees may apply.
- Images cannot/will not be made available to another agent who takes over an expired or withdrawn listing without proper attribution.
- Unauthorized use of images is a copyright violation, and will result in termination of this contract.
Photographer will deliver small, low resolution, watermarked images for review. Full images will not be released until agreed to payment is made in full. Use of any images prior to full payment will constitute a breach of this agreement.
- Licensing may be obtained for various applications of images. Please contact us for more details.
To ensure the best results of the photo shoot please be sure the home is ready prior to the scheduled shoot time. We work on a set time schedule for every shoot. Time is a precious commodity, both yours and ours.
- It is the agent’s responsibility to ensure that the listing is ready for the media to be produced at the arranged time.
- The homeowner shall ensure that there are no hazards to the photographer’s safety.
The manner and method of creating any Photographs is solely at the discretion of Photographer and the Client has no right to control Photographer’s manner and method of performance under this Agreement. Photographer will use his/her best efforts to: (a) ensure that the Photos conform to Client’s specifications; and (b) submit all Photos to Client in publishable quality, on or before the applicable deadlines.
Delivery: Photographer may select delivery of photographs in JPEG, TIFF, PNG, or other standard format, at a resolution that Photographer determines will be suitable for the Photos as licensed. It is the Client's responsibility to verify that the Photos are suitable for reproduction and that if the Photos are not deemed suitable, to notify the Photographer with five (5) business days. Photographer’s sole obligation will be to replace the Photos at a suitable resolution but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages.
Unless otherwise specifically provided, Photographer is not responsible to provide images 1) larger than 8”x10” at 300 dpi or 2) in a format higher than 8-bit or in RAW format. Photographer has no obligation to retain or archive any Photos delivered to Client.
Fees: All fees and expenses payable under this agreement are required no later than ten (10) business days from the delivery of the Photos and payable irrespective of whether Client makes actual use of the Photos. If full payment has not been received within thirty (30) days all rights are revoked at Photographer’s discretion. In the event rights are revoked, all images in the possession of Client will be removed from all forms of media and permanently destroyed within ten (10) days. Client shall provide Photographer with written statement that all images have been removed and destroyed.
Indemnification: Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Photos or materials furnished by Client. It is the Client's responsibility to obtain the necessary model or property releases are ensure they are full effect and in force.
Sky Scene understands that homes may not be ready for shooting as expected.
- It is the responsibility of the agent to inform us as soon as possible for rescheduling.
- A photo session that is rescheduled or canceled after 8pm the day before will be charged a 50% rescheduling fee.
- Once a photographer has arrived at a property, the order may be canceled, however there will be no refund.
- Reschedules will be subject to the photographer’s availability.
- There will be times services cannot be completed due to weather. Cloudy days the decision about shooting is up to the agent. If the agent chooses to proceed with photography we will provide the best images we can. Weather elements such as wind will effect operational ability and will be cancelled by pilot/Sky Scene with notice ahead of time. If additional outdoor photos are required on a better weather day, a standard re-shoot fee may apply.
- No reschedule fee will be charged in the event of bad weather.
If, in the opinion of the Photographer, the shoot cannot be completed due to inclement weather or other adverse conditions, then Photographer reserves the right to re-schedule the shoot at the earliest convenience. The Client has the option to accept the rescheduled date or to receive a full refund of any deposit.
- Reschedules will be subject to availability with priority given to requests in chronological order.
- The photo release is not authorized until payment is received in full.
- Failure to pay for the images will result in a copyright infringement. You will be asked to remove the image from any electronic or printed form of advertisement. Failure to stop using them will result in legal action.
If the Photographer cannot perform this agreement for any reason, then Photographer will promptly return any deposit or payment to Client. Photographer will have no further liability in excess of monies paid.
Thank you for taking the time to read our terms and agreement.
If questions arise feel free to contact us directly.