Photo License Agreement
By contracting photography services from Osajus Photography, 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 you and/or your client. This license was updated 05/04/2022.
This Photographer Licensing Agreement and Release (the “SERVICE AGREEMENT”) is entered into between Ryan Jordan, d.b.a. Osajus Photography, (PHOTOGRAPHER) and you (“THE CLIENT”). The Client is the legal owner of, or having the right to permit the taking and use of photographs, video, and/or digital media (“IMAGES”) of the certain property. The Photographer will deliver Images to the Client as specified in this service agreement and based on the Client's selections made during the booking process. The Client may request a written proposal prior to booking which outlines the estimated fees. The Client agrees to meet the Photographer an agreed upon date and time for the purpose of capturing the Images (the “SESSION”).
It is the Client’s responsibility to ensure that the listing is ready for Images to be taken at the arranged time and date. The Photographer does not handle any cleaning or moving of items. The Client is responsible for the removal of items which may cause rejection by real estate listing services.
For sessions involving occupied properties, the Client must be present for the duration of the session. The Client shall make all efforts to help manage occupants to allow the Photographer to work with minimal interruption. Should the Client be unable to be present, the Client should make arrangements to have the property vacant during the session. For circumstances where the Client is not in attendance and the property occupants are present during the session, an additional fee may be charged by the Photographer.
The Client and property owner shall ensure that there are no hazards to the Photographer’s safety and equipment. The Photographer will work with the Client with regard to pets so long as they do not unreasonably disrupt or delay the Image capture process.
The Photographer will be capturing Images through the entire home. This process does not usually capture utility rooms or closets. Capture of these rooms must be agreed upon by the Photographer and should be discussed prior to the session date. Amenities are not included in services offered unless agreed upon in advance.
The Client and property owner will make a decision about personal items being captured in the Images. The Photographer will be held harmless for capturing Images which contain photographs, personal identifying information, classified, copyrighted, or other materials left in plain view. It is the Client’s responsibility to obtain the necessary model or property releases and ensure they are full effect and in force.
The manner and method of creating any Images is solely at the discretion of the Photographer. The Client has no right to control the Photographer’s manner and method of performance under this agreement. The Photographer will use his best efforts to ensure that the Images conform to the Client’s specifications.
Additional travel fees are billed at the discretion of the photographer. The start location will be based from Osajus Photography's home office location near the Asheville Airport. The route may not be the shortest distance based on factors such as route convenience and traffic detours.
Each party will inform one-another as soon as possible in the event of a cancellation or rescheduling. Neither the Client nor Photographer have liability for cancellations or reschedule requests up until the Session date and time. Once the Photographer has arrived at a property, the order may canceled, however, there will be no refund. Reschedules will be subject to the Photographer’s availability.
Weather and Light
There will be times services cannot be completed due to the weather. In these circumstances, the decision about conducting a limited session is up to the Client. If the Client chooses to proceed, the Photographer will attempt to conduct the Session in a way which does not damage equipment owned or used by the Photographer. Images provided may be of substandard or poor quality. If additional Images are required on a better weather day, a re-shoot fee will apply. Aerial imagery devices will not be used during times of precipitation or high-winds.
The Photographer will make a reasonable effort to take photos the Client requests. Due to weather, available light, time restrictions, and unforeseen events make it impossible for the Photographer to make a guarantee for specific Images. The Client’s requests will be used for organizational purposes only and will in no way represent the photography that will actually be produced.
As specified in the quote provided by the Photographer, within one week (7 days) from the Session date, the Photographer will provide Images in the following format: A link to downloadable photographs at least 2,048 pixels in width and in .JPG or .JPEG format; A link to video, hosted on Youtube, uploaded in 1080p resolution; and/or A link to a “Virtual Tours” of varying, software optimized, resolution.
It is the Client’s responsibility to verify that the Images are suitable for reproduction and that if the Images are not deemed suitable, to notify the Photographer within five (5) business days from delivery. Photographer’s sole obligation will be to replace the Images at a suitable resolution. The Photographer will not be liable for poor reproduction quality, delays, or consequential damages.
Limited Licensing Release
In order to provide you with the best service, the Photographer does not sell the Images. This Service Agreement is a limited license Image release for use. Images delivered are licensed to the Client for the purpose of listing a property only. The term of this license is not to exceed one (1) year from the date of this Service Agreement. An image can be used for a longer duration for “sold” marketing materials.
Only the Client has permission to use the delivered Images on any electronic or printed form of advertisement for the promotion of the property. Other “third parties” that want to use the Image(s) must contract the Photographer directly for licensing and fees.
The Photographer owns and retains all copyrights, expressed and implied otherwise, for all Images taken. Unauthorized use of images is a copyright violation and will result in termination of this contract. Copyright is not and will not be transferred to any other party. Images cannot and will not be made available to another agent who takes over an expired or withdrawn listing. A licensing agreement may be obtained under these circumstances.
Any copies of the Images provided to the property seller(s) or buyer(s) by the Client are subject to the terms of this Service Agreement and are not licensed to use the Images.
Photographer has no obligation to retain or archive any Images. Images will be provided to the Client for download for a period of 30 days. Videos will remain active as long as the Client requires but may not exceed one (1) year from the date of this Service Agreement. Virtual Tours will be published for ninety (90) days from the date of this Service Agreement. Additional availability of Virtual Tours may be made at an additional charge.
Photographer is not responsible for independent acts taken by third party hosting sites which results in Images being moved, deactivated, temporarily unavailable, removed, and/or deleted.
Release and Indemnification
The Client does irrevocably grant to Photographer, his/her heirs, legal representatives, agents, and assigns the full perpetual rights to take and use such Images in advertising, trade, publishing, or for any purpose. The Client also consents to the use of any printed matter in conjunction therewith. The Client hereby waives any right that he/she/they may have to inspect or approve the finished product or products or the advertising copy or other published matter that may be used in connection therewith, or the use to which it may be applied.
The 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 Images generated by the Photographer.
Payments are requested within 10 days from delivery of images irrespective of whether Client makes actual use of the Images. A photo release is not authorized until payment is received in full. Failure to pay for the images within results in an automatic revocation of license, a copyright infringement, and could result in legal action. The Client will remove all images from any electronic or printed form of advertisement and shall provide the Photographer with a written statement that all images have been removed and destroyed.
The Client hereby warrants that he/she is a legally competent adult and has every right to contract in the Client’s own name in the above regard. The Client states that he/she/they have read the above authorization, release, and agreement, prior to its execution, and that the Client is fully familiar with the contents thereof. If the Client is an agent or employee of a firm or corporation, the Client warrants that they are authorized to do so.