The Real Estate Photography Licensing Agreement is a legally binding document that establishes the terms under which a Photographer provides photography services for a Client’s property, detailing the rights and usage of the resulting photos for property marketing purposes. It specifies the delivery, quality, and number of photos, as well as the financial terms including fees, payment schedules, and cancellation policies. Additionally, the agreement outlines the responsibilities of each party with regards to property presentation, participant compensation, and legal compliance with respect to the governing law of the stated jurisdiction.
REAL ESTATE PHOTOGRAPHY LICENSING AGREEMENT
THIS AGREEMENT is made on [DATE],
- [Photographer’s Full Name or Studio Name], [Photographer’s Address] (“Photographer”)
- [Client’s Full Name] , [Client’s Address] (“Client”).
All references to the Client in this Agreement shall include Client’s parent companies, affiliates, and subsidiaries.
Actor: [Full Name of The Actor(s)]
Property Location: [Full Address of Real Estate Property]
Date of Photography: [Date of the Photography Shoot]
This Agreement governs the terms under which the Photographer will provide real estate photography services to the Client for the property located at the above address (“Property”).
1- The Photographer grants the Client a non-exclusive, non-transferable license to use the photographs (the “Photos”) for the purpose of marketing the Property. The Client may use the Photos in print, online, and in multiple listing service databases. The ‘active marketing period’ shall be defined as the period starting from the date of the first listing of the Property and ending when the Property is sold, withdrawn from the market, or after [specific duration, e.g., two years], whichever occurs first. Any extension of this period must be negotiated separately and may incur additional fees.
Background and Property Appearance
2- The Client is responsible for the preparation and presentation of the Property prior to photography. This includes, but is not limited to, cleaning, staging, and ensuring that the Property is in a state suitable for photography. The Photographer may make recommendations for improvements or adjustments to the background setting to enhance the quality of the Photos; however, the implementation of such recommendations is the responsibility of the Client. The Photographer is not responsible for any background elements that are not prepared to the satisfaction of the Client at the time of the photography session
3- The Photographer agrees to provide the Client with a total of [specific number] photographs of the Property (the ‘Photos’). Each Photo will be delivered in the following dimensions: [specific dimensions in pixels or inches], with a resolution of [specific resolution, e.g., 300 DPI] suitable for high-quality print and online marketing materials. The Client may request additional Photos or modifications to the dimensions and resolution specified herein, subject to availability and potential adjustment of the total fee as agreed upon by both parties. Any such requests must be made in writing and agreed to by the Photographer prior to the photography session.
Compensation for Participation
4- Unless otherwise agreed in writing, any and all fees for participants, including but not limited to models, stylists, or property owners, required for the completion of the photography services under this Agreement, shall be the sole responsibility of the Client. The Client agrees to disclose and seek approval from the Photographer for any participant fees that will affect the overall budget for the project prior to incurring such expenses. The Photographer is not responsible for payment to any third-party participants involved in the project unless expressly agreed upon in writing between the Photographer and the Client.
Relationship of Parties
5- The Photographer is engaged as an independent contractor. This Agreement does not create a partnership, joint venture, agency, or employer/employee relationship between the Photographer and the Client. The Photographer is responsible for all taxes, insurances, and other legal responsibilities arising from their role as an independent contractor.
Delivery and Acceptance
6- The Photographer agrees to deliver the Photos to the Client in [JPEG/TIFF/PNG] format within [specific time period, e.g., 14 days] after the photography session. The Client shall have seven [number of days, e.g., 7 days] days from the date of receipt to inspect the Photos, during which the Client may submit a written request for revisions. Such requests should specify the desired changes and must be within the scope of the initial photographic brief agreed upon by both parties.
7- The Client shall compensate the Photographer an amount of [Total Fee Amount] for the completion of the photography services detailed in this Agreement. An initial non-refundable deposit of [Deposit Amount] is payable upon execution of this Agreement, which reserves the Photographer’s services for the scheduled date. The remaining balance shall be due within [30 days] after the delivery of the final Photos to the Client.
Creative Discretion and Quality Assurance
8- The Photographer retains sole creative discretion over the method and process of creating the Photographs. The Client acknowledges that they have no right or authority to control the Photographer’s artistic and technical application in fulfilling the terms of this Agreement. The Photographer commits to employing their best efforts to (a) deliver Photographs that adhere to the Client’s specified requirements, and (b) provide the Photos to the Client in a quality suitable for publication, adhering to any agreed-upon deadlines
9- In the event that the Client needs to cancel the scheduled photography services, they must notify the Photographer at least [number of days, e.g., 14 days] before the scheduled photography session. A cancellation fee of [specific percentage or fixed amount] will apply if the cancellation notice is received less than the specified time frame before the scheduled date. This fee compensates for the Photographer’s preparation costs and lost opportunity.
Use of Photos
10- The Client may not sell, transfer, or assign the Photos or the rights to the Photos to any third party without prior written consent from the Photographer. This consent is not to be unreasonably withheld, particularly in cases where the Client is utilizing third-party services for the purpose of marketing the Property.
Assignment and Transferability
11- The Client shall not assign or transfer this Agreement or any rights herein without the express written consent of the Photographer. Amendments or waivers of any term must be documented in a written instrument signed by both parties. Notwithstanding the foregoing, should exigent circumstances necessitate an action that would otherwise require a formal amendment hereunder, and such action is reflected in the Photographer’s invoice, the Client agrees to be bound by such reflected action, provided that the Client promptly ratifies such action in writing when time and practical considerations permit.
12- The Client agrees to indemnify and defend the Photographer against any claims, liabilities, damages, or costs (including reasonable attorney’s fees) arising from the Client’s use of the Photos, except in cases where such claims arise directly from the Photographer’s willful misconduct or gross negligence as evidenced by final judicial decision.
13- This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein. It supersedes all prior or contemporaneous oral or written agreements, understandings, and negotiations concerning the subject matter.
14- This Agreement shall be governed by and construed in accordance with the laws of [specific State/Country, e.g., California, United States], without giving effect to any principles of conflicts of law].
IN WITNESS WHEREOF, the Parties have executed this Real Estate Photography Licensing Agreementas of the date first above written, each Party warrants that their respective signatory has the authority to enter into this Agreement.