Terms and ConditionsBy using our Photography Services you agree to the following:
The following are standard photography licensing terms and conditions. Essentially they say that you authorize us to enter the given property and capture photos for you. All photos will remain under the copyright of Upmarket Photo and we grant you the rights to use the photographs in any manner related only to the sale of the given property.
Anyway, here is the fine print…
Real Estate Photography Agreement and License:
These terms and conditions set forth our agreement and describe how you may use the photographs we produce for you.
We (Mark Corcoran, Upmarket Photo) agree to provide you with photographs that reasonably meet your expectations. Provided you pay us in full, you will have the rights to use the photographs in any manner related only to the sale of the given property.
You agree to use the photographs only for their intended use. The photographs can no longer be used, licensed or transferred to any party in anyway after the close of escrow or listing expiration for that given property or if the property changes brokers/agents. You shall not alter the images.
Photographer credit must be given to Mark Corcoran, Upmarket Photo in books, magazines or newspapers when applicable.
Any other use outside the sale or listing agreement will be subject to additional licensing fees. You agree not to transfer or assign your rights to anyone without our written permission.
When you receive the photographs from us you agree to check them to be sure they meet your expectations. You agree that any additional photographs you require that are outside the scope of the initial request will incur an additional fee for which you will be responsible.
You agree to notify us in writing within five (5) business days of receipt of the photographs if you believe they are not suitable for their intended use, in which case our sole obligation will be to replace the photographs. In no event will we be liable for incidental or consequential damages of any kind.
You agree that we (Mark Corcoran, Upmarket Photo) will remain the owners of all the copyrights in the photographs and that this agreement does not transfer copyright in the photographs to you. You agree that all rights not granted to you by this agreement are reserved by us and for us only. ALL PHOTOGRAPHS ARE THE COPYRIGHT OF THE PHOTOGRAPHER (Mark Corcoran, Upmarket Photo).
Your Rights permit you to post our photographs on multiple listing services and make the Products available in your MLS listing for the Property. The MLS can display and distribute our photographs or disseminate them through IDX feeds for up to 3 years.
You authorize us to come onto the given property and take photographs. You have the authority to allow us entry and permit us to take the photographs. You promise to indemnify and defend us, and pay our expenses of that defense, if a claim is made against us arising out of the services we perform for you. We are an independent contractor and not your employee. You are not our agent and cannot make agreements for us. Our fee is payable upon delivery of the photographs. If for any reason payment is not paid on delivery or promptly thereafter, the rights granted to you will terminate thirty (30) days from the date of delivery.