Real Estate Photography Services Agreement, Terms and Conditions
Marker Photography Pty Ltd terms and conditions apply to all customers, clients and end users of services provided within Real Estate Photography services including photography, aerial photography, floor plans, etc.
The image license agreement between Marker Photography Pty Ltd (ABN 30 665 267 961) and the contracting client including clients of contracting client.
1. Services Provided
1.1 The Photographer agrees to provide real estate photography services to the Client as outlined in the attached quote or proposal.
1.2 The Photographer will deliver high-resolution digital images to the Client within a mutually agreed timeframe. Photos will be ready to download on Google Drive, Spiro.media or similar after payment.
1.3 Images are usually ready to download 24 hrs after the photographic session.
1.4 Notice: Floor plans we provide are only available for marketing purposes, they are not be used as a legal document, they are usually 95% accurate.
2. Payment and fees
2.1 The Client agrees to pay the Photographer the total amount specified in the quote or proposal for the photography services.
2.2 A non-refundable deposit of [X]% of the total amount is required to secure the Photographer's services. The remaining balance is due on or before the day of the scheduled photo shoot.
2.3 In the event of cancellation by the Client, the deposit is non-refundable.
2.4 Image re-license fee per image $10 - $200 depending on the image.
2.5 Pricing for image infringement, copyright, and ownership transfer is determined based on factors such as the image, its circulation, and intended usage, ranging from $200 to $1,000 per image.
3. Copyright and Usage
3.1 The Photographer retains copyright to all images created during the photo shoot.
3.2 The Client is granted a non-exclusive license, non-transferable to use the images for the purpose of marketing and promoting the property.
3.3 The Client agrees not to sell, license, or otherwise distribute the images to third parties without the written consent of the Photographer.
3.4 You are granted this license for the duration of the property listing with the current contracting client (real estate agent) or until the termination of this agreement, whichever comes first. The agreement will automatically terminate one year after the license has been granted. This license provides you the authority to manipulate, edit, and crop the photographs.
3.5 Unauthorized uses in accordance with the granted license are as follows. Prior to engaging in any activities outlined in this paragraph, it is obligatory to contact Marker Photography Pty Ltd (ABN 30 665 267 961) to obtain an additional license, subject to a fee. This encompasses the utilization of digital products in third-party creations or their commercialization in reports, postcards, or posters.
3.6 Marker Photography Pty Ltd (ABN 30 665 267 961) affirms its exclusive commercial rights to the photographs.
3.7 All rights to the photographs are vested in Marker Photography Pty Ltd (ABN 30 665 267 961). The issuance of this license does not constitute a transfer of ownership. The photographs are safeguarded by laws governing royalties and copyright, and their usage should adhere to the norms applicable to protected products. Any representation or reproduction, whether complete or partial, without the explicit consent of Marker Photography Pty Ltd (ABN 30 665 267 961), may be deemed a breach of contract.
3.8 Marker Photography Pty Ltd (ABN 30 665 267 961) reserves the right to resell image rights to third parties, other real estate agents, or advertising agencies once the current advertising campaign concludes.
3.9 You are required to communicate the terms and conditions outlined in the image use agreement (section 3.2) to the client, vendor, tenant, investor, or any affiliated individual(s) associated with the photographed property. It must be made clear that the images captured are subject to the image use agreement and that all such images, whether captured or produced, remain the sole property of Marker Photography Pty Ltd (ABN 30 665 267 961). These images may only be utilized for the duration of the property listing.
3.10 The end client or any affiliated individual(s) may obtain copies of the images for personal use exclusively. Reproduction, resale, or redistribution of these images for commercial or marketing purposes with another selling agent or marketing company is strictly prohibited.
3.11 All photography bookings constitute a direct contract between Marker Photography Pty Ltd (ABN 30 665 267 961) and the company responsible for the job. The end client or any affiliated individual(s) holds no involvement in the contractual agreement between Marker Photography Pty Ltd and the company booking the services.
3.12 Any third party interested in licensing images should contact Marker Photography Pty Ltd (ABN 30 665 267 961) directly. Re-licensing fees apply.
4. Image Editing and Retouching
4.1 The Photographer will provide basic editing and retouching of images to ensure optimal quality.
4.2 Extensive retouching or additional editing beyond the agreed-upon scope may incur additional fees.
5. Model Release
5.1 The Client is responsible for obtaining all necessary model releases from individuals appearing in the photographs.
6. Liability
6.1 The Photographer is not liable for any damages or injuries that may occur during the photo shoot.
6.2 The Client is responsible for ensuring the property is safe and accessible for the Photographer.
7. Rescheduling and Cancellation
7.1 The Client may reschedule the photo shoot at no additional cost with at least 48 hours? notice.
7.2 In the event of a cancellation by the Photographer due to unforeseen circumstances (e.g., weather conditions), efforts will be made to reschedule, and any deposit paid will be applied to the rescheduled date.
7.3 $50 if cancelled less than $48 hours prior to the property cannot be photographed.
8. Termination
8.1 The license stipulated in this Agreement may cease automatically without prior notice from Marker Photography Pty Ltd (ABN 30 665 267 961) in the event of your non-compliance with any provision of this agreement or failure to settle any outstanding accounts or owed monies. Upon termination, you are obligated to:
Delete all Digital Products, including Photos, Floor Plans, and any other related content, along with all copies, from all digital media upon the request of Marker Photography Pty Ltd (ABN 30 665 267 961) and Cease immediate use of the Digital Products, including Photos, Floor Plans, and other materials
9. Confidentiality
9.1 The Photographer agrees to keep all information regarding the property and the Client confidential.
10. Governing Law
10.1 This agreement is governed by the laws of Australia. The Courts of Australia shall have the non-exclusive jurisdiction to hear any disputes under this agreement.
10.2 Despite the preceding provisions, Marker Photography Pty Ltd (ABN 30 665 267 961) retains the right to initiate and pursue any legal or equitable action or proceeding in any court of competent jurisdiction to seek injunctive or other relief if, in the judgment of Marker Photography Pty Ltd (ABN 30 665 267 961), such action is deemed necessary or desirable.