These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Shawn Daniels Photography, LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
COPYRIGHTS: The photographs produced by Shawn Daniels Photography, LLC are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Shawn Daniels Photography, LLC’s explicit written permission. It is a breach of this agreement to reproduce the images in any form without explicit written permission. Upon image distribution or images purchased off your online web gallery, a photography usage license of the resulting images will be transferred to the CLIENT under the following conditions:
The photographic images are the property of CLIENT for personal use, for the purpose of the reproduction and giving of photographs to friends, relatives and for business use for real estate listing purposes and to promote their real estate listing(s) via social media, website, blog, business cards and marketing materials.
The CLIENT must obtain written permission from — and compensate Shawn Daniels Photography, LLC — prior to the CLIENT or the CLIENT’s friends, relatives, team members and employees publishing or selling the photographs for profit.
PHOTOGRAPHY USAGE LICENSE: The images purchased by the CLIENT from the real estate session will come with a photography usage license. The photography usage license agreement is for one year. The photography usage license allows the CLIENT to use any purchased image for commercial reasons that pertain to the CLIENT’s real estate listing, building the CLIENT’s brand and for anything that is related to real estate purposes. In the event the client wishes to use any of the images in this manner, photo credit must be clearly given somewhere on the photo or page in which they appear. Failure to do this may void the license granted by the copyright holder. Once the license expires, the license can be extended for one additional year for a fee.
EXHIBITION: Requests for photographic images to be used by Shawn Daniels Photography, LLC may be requested at a future time. CLIENT grants Shawn Daniels Photography, LLC permission to display selected images resulting from this assignment as an example of Shawn Daniels Photography, LLC’s work and for entrance into photographic competitions and release all claims to profits that may arise from use of images.
If CLIENT’s photo is requested to be used in any print or online publication, they will discuss this with Shawn Daniels Photography, LLC. Shawn Daniels Photography, LLC grants CLIENT limited rights to use the images in marketing materials with specifications that photo by Shawn Daniels Photography, LLC is listed on the image/article.
MODEL RELEASE: The CLIENT hereby grants Shawn Daniels Photography, LLC and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the home/building/property or in which the home/building/property may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The CLIENT hereby releases Shawn Daniels Photography, LLC and its legal representatives and assigns from all claims and liability relation to said photographs.
LIMIT OF LIABILITY: Shawn Daniels Photography, LLC takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Shawn Daniels Photography, LLC’s control, Shawn Daniels Photography, LLC liability is limited to the return of all payments received for the session package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
SOCIAL MEDIA POLICY: You are free to share any of your photos on any personal and business social media platforms. Any photos shared that have been altered by “filters” or creative cropping will be a direct conflict of this contract, and must be removed immediately.
EXTENSIVE EDITING POLICY: It is standard that your photos be edited, and provided to you in our agreed upon timeline. In the event that the CLIENT requests more extensive editing: Editing can be provided for a fee, to be paid prior to any additional editing being completed.
WEATHER POLICY: In the event of weather conditions out of our control:
Due to photography equipment and lighting conditions, it is the photographer’s discretion if weather conditions are such that the session must be cancelled. If such an event occurs, you will be given the opportunity to reschedule for the next available date. If CLIENT pursues the session, regardless of the photographer’s advice, and the images are not up to Shawn Daniels Photography, LLC’s standards, the CLIENT will be responsible for all charges related to scheduling an additional shoot.
CANCELLATION AND RESCHEDULING POLICY: If you must cancel, Shawn Daniels Photography, LLC must be notified 24 hours prior to the session date to qualify for a reschedule. The reschedule date will be made as soon as possible, at the photographer’s discretion. If notification is not made 24 hours prior, your session retainer will be forfeited.
APPEARANCE: In the event that the CLIENT would like additional photos due to appearance out of the photographer’s control (clutter in the home/home not staged properly, broken fixtures, etc.) in the previous session, the CLIENT will be charged for an additional session to reschedule or shoot additional photos.
LOCATION ACCESS: Shawn Daniels Photography, LLC will be notified 2 days in advance of the access code to access the home/building/property, instructions on how to access the home/building/property, give any directions needed, and give the address of the home/building/property. In the event that the CLIENT doesn’t inform Shawn Daniels Photography, LLC of the access code to the home/building/property, instructions on how to access the home/building/property, or if the home/building/property is locked and Shawn Daniels Photography, LLC can’t access the home/building/property the CLIENT’S session will be considered as “not ready” and the CLIENT will be charged an additional travel fee. It is the CLIENT’s responsibility to inform the home owner/building manager/property manager that photos will be taken and inform them of the date and the time.
LOCATION ACCESS AND FEES: If the CLIENT’S listing is at a location which charges admission, an access fee, a parking fee, or a photography fee, the CLIENT will be responsible to cover those fees associated with shooting at those locations. The CLIENT will also be responsible for organizing the access and any permits related to doing so.
Tardiness: In the event that the CLIENT is late to the appointment set, the CLIENT’S session will still be for the same scheduled ending time. Photographer will wait at agreed upon meeting location until 15 minutes after the session start time. In the event that the CLIENT does not arrive within 15 minutes of the session time and date, they will be required to purchase an additional session package for another session
SECURITY RETAINERS: In the event of cancellation, the retainer amount is non-refundable. It shall be liquidated damages to Shawn Daniels Photography, LLC in the event of a breach of contract by CLIENT. The CLIENT shall also be responsible for payment of any Shawn Daniels Photography, LLC material charges incurred up to time of cancellation. If CLIENT needs to reschedule for any reason, CLIENT must do so within 24 hours and any retainer or paid fees will be transferred to the rescheduled session. Any request for reschedule less than 24 hours before scheduled appointment will require a rescheduling fee.
COMPLETION SCHEDULE: Editing and image delivery takes approximately 24 to 48 hours, but may take longer. In the event that image delivery is outside of this time, the CLIENT will be notified via email before the due date.
