Real estate photography

Photo licensing agreement

JR photography ( PHOTOGRAPHER ) retains the copyright for all digital images created in the course of doing business. The commissioning real estate broker/agent ( CLIENT ) is granted a license to use property images, for which they have paid, for the promotion of that property in any media while CLIENT manages the listing. License expires once property has Sold, Expired or is Withdrawn. Images must not be edited/altered by anyone other than PHOTOGRAPHER with the exception of minor cropping and/or resizing only.

CLIENT may NOT give, license or sell images to anyone. This includes the property owner, other broker/agent/Realtors, builder, architect, stager or any other vendor. Disregarding these terms will result in copyright infringement/violation and may result in legal action.

PHOTOGRAPHER may re-license real estate images for commercial use by developers, builders, designers, vendors, or other parties. This will be executed with a separate agreement between PHOTOGRAPHER and licensee.

Payments & Delivery

Payment for real estate imaging services becomes due after the invoice, in whatsoever form, has been received and CLIENT should pay the invoice within 15 business days after receipt of the invoice. Our real estate imaging services will always be invoiced to the person having booked the prementioned services, unless a special notification has been given in written form before the issuance of an invoice.

PHOTOGRAPHER agrees to deliver final images digitally within 72 hours after photoshoot end time within usual business days. If a specific property due to its complexity or size requires additional time, it may take an additional 24 hours to deliver final images. In case payment is not received within 15 days following the receipt of the invoice, the Client will for future bookings need to pay the full amount before the delivery of the final images will take place. Should the final images be delivered within 24 hours, an additional fee amounting to EUR 50 will be invoiced to the CLIENT.

Once final images are delivered and no feedback is received within 72 hours after such delivery, any additional editing requests of the pictures, an additional fee amounting to EUR 35 per hour will be invoiced to the CLIENT. Editing only includes basic edits like exposure correction, cropping or color correction. The removal of object in the pictures will only be done upon request and will be invoiced separately on an hourly basis.

Prices

All our prices are linked to the cost of living index published by STATEC. The starting index is 921.40 points.

Cancellations and weather

Cancellations must be made at least 48-hours before scheduled photoshoot start time. Real Estate Photoshoots cancelled with less than 48-hours notice will be subject to a cancellation fee of 25% of the photography session. Real Estate Photoshoots cancelled with less than 24-hours notice will be subject to a cancellation fee of 50% of the booked photography session. Real Estate Photoshoots cancelled with less than 8-hours notice will be subject to a cancellation fee of 100% of the photography session.

Weather-related cancellations are subject to the terms above. Some weather conditions can adversely affect exterior home photo quality or prevent safe drone flight. In the event of unfavourable weather, the interior photos will be photographed as planned. Alternate arrangements will be made for exterior or aerial re-shoot and additional fees may apply unless full cancellation is made at least 24-hours in advance. When weather is dry but blue skies are not present PHOTOGRAPHER will provide ONE blue sky replacement on the primary exterior home photo at no additional charge.

Reshoot

Any reshoot, within the time period of 1 month after the original shoot, will be invoiced at 50% of our standard fee.

Shoots on Sunday and public holidays

Any real estate imaging services provided to the Client on Sundays will be invoiced at an increased rate being 200% of our standard fee,

Any real estate imaging services provided to the Client on public holidays will be invoiced at an increased rate being 300% of our standard fee.

Property Condition

CLIENT will ensure that the property is clean and ready for photography at time of service. PHOTOGRAPHER is not responsible for cleaning, dusting, changing lightbulbs or moving of furniture but may adjust window coverings, move small items or turn on/off lights as necessary. Client ensures that all consumer products are removed from the kitchen and the bathroom(s). PHOTOGRAPHER could do the in the previous sentence mentioned activities for an additional EUR 25 but will only do so with the CLIENT’s consent. CLIENT shall ensure that there are no hazards to the photographer's safety and that pets are confined out of view. PHOTOGRAPHER will not retouch images to disguise known defects and/or physical structures such as wall/floor blemishes, driveway cracks, power lines, etc.

Additional Terms

If the PHOTOGRAPHER needs to pick up the keys at a specific address before the shooting takes place, an additional fee of EUR 10 will be invoiced.

If the PHOTOGRAPHER needs to do floor plans of the real estate object in question, an additional fee of EUR 70 will be invoiced for properties up to 3 rooms and EUR 150 for any real estate object with more than 3 rooms.

No travel fees are invoiced, provided that the property address is measured to be 35 kilometres or less from business address of PHOTOGRAPHER. For locations from 35 kilometres up to 50 kilometres away from business address of the PHOTOGRAPHER, a travel fee amounting to EUR 12,5 is invoiced. For locations from 50 kilometres up to 100 kilometres away from business address of the PHOTOGRAPHER, a travel fee amounting to EUR 20 is invoiced.

Final images are backed up by JR photography and are available to be re-delivered until 3 years from date of delivery. Photos may no longer be available beyond that time frame. It is recommended that Client makes a local backup of the images to use for the duration of the listing. Once Client’s contract with the homeowner has ended (property is sold or picked up by another agent), the license expires so Client should delete their backup at that time.

Applicable law

Luxembourg law should govern any disputes that arise between the PHOTOGRAPHER and the CLIENT.

Portrait, headshot and sedcard photography

Photo licensing agreement

JR photography ( PHOTOGRAPHER ) retains the copyright for all digital images created in the course of doing business. Although JR Photography retains copyrights to all the images taken, any digital photos purchased by you ( CLIENT ) allows you unlimited non-commercial image reproduction. Which in short means you can make as many copies as you like to distribute between friends and family, but you can not sell the images for profit or commercial gain.

Reservation

Upon booking and/or paying a deposit (The Reservation Deposit), PHOTOGRAPHER will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Reservation Deposit is non-refundable, even if the date is changed or the photoshoot cancelled for any reason; except in force majeure cases. After the booking the CLIENT will receive an e-mail from PHOTOGRAPHER with all the information concerning the deposit. The Reservation Deposit is to be paid before the date of the photoshoot. The Reservation Deposit is applied towards the contracted photography package.

Cancellation

In the event that THE CLIENT cancels the contracted services for photography outlined in this contract before the photography takes place, the deposit will be forfeit.

Cancellations must be made at least 48-hours before scheduled photoshoot start time. Photoshoots cancelled with less than 24-hours’ notice will be subject to a cancellation fee of 25% of the photography session. Photoshoots cancelled with less than 12-hours’ notice will be subject to a cancellation fee of 50% of the booked photography session. The deposit will be subtracted from such fees.

Cooperation

The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. PHOTOGRAPHER is not responsible for key individuals’ failure to be present or to cooperate during the photoshoot, neither for missed images due to details not revealed to PHOTOGRAPHER.

Digital files, prints & copyrights

The photographs, digital negatives or prints produced by PHOTOGRAPHER are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without PHOTOGRAPHER’s explicit written permission. A selection of fully edited digital image files will be supplied to THE CLIENT in high-resolution Joint Photographic Experts Group (JPEG) format. This selection of image files will be comprised based on PHOTOGRAPHER’s professional assessment and experience. Under no circumstances will unprocessed raw files be provided to THE CLIENT. Upon final payment by THE CLIENT, limited copyright ownership of the resulting images will be transferred to THE CLIENT under the following conditions:

The digital images files are the property of THE CLIENT for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives.

THE CLIENT must obtain written permission from PHOTOGRAPHER prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit or commercial use.

Model release

THE CLIENT hereby assigns and grants PHOTOGRAPHER and its legal representatives the irrevocable and unrestricted right to use and publish photographs of THE CLIENT or in which THE CLIENT may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE CLIENT hereby releases PHOTOGRAPHER and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that PHOTOGRAPHER may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by PHOTOGRAPHY.

Guest behaviour & conduct

PHOTOGRAPHER will not tolerate verbally or physically abusive behaviour. Unchecked guest conduct that interferes with the photoshoot may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If THE CLIENT is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of PHOTOGRAPHER, the photoshoot will end immediately. THE CLIENT understands that in such an event, no refunds will be granted.

Client confidentiality

The CLIENT must advise PHOTOGRAPHER as to whether any material or information communicated to him/her is of a confidential nature. The Photographer will keep confidential material or information communicated to him/her in confidence for the purposes of the photography, except where it is reasonable necessary to enable him to carry out his/her obligations in relation to the booking.

Limitation of liability

In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. PHOTOGRAPHER will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the selected package by THE CLIENT.

PHOTOGRAPHER’s liability to the CLIENT for any and all the costs, loss or damage suffered by the CLIENT, however caused, arising out of or connected with the performance or failure of performance of photographic service by the Photographer shall not exceed the full value of the payments made by the CLIENT under the Booking agreements.

Payments & Delivery

Payment for portrait photography services becomes due after the photoshoot.

PHOTOGRAPHER agrees to deliver final images digitally within 72 hours after photoshoot end time within usual business days if less than 5 persons were photographed and under the condition that PHOTOGRAPHER has received all the due payments. Should the final images be delivered within 48 hours or, an additional fee amounting to EUR 50 will be invoiced to the CLIENT.

Once final images are delivered and no feedback is received within 5 business days after such delivery, any additional editing requests of the pictures, an additional fee amounting to EUR 25 per picture will be invoiced to the CLIENT.

Prices

All our prices are linked to the cost of living index published by STATEC. The starting index is 877.01 points.

Shoots on Sunday and public holidays

Any portrait photography services provided to the Client on Sundays will be invoiced at an increased rate being 200% of our standard fee.

Any portrait photography services provided to the Client on public holidays will be invoiced at an increased rate being 300% of our standard fee.

Applicable law

Luxembourg law should govern any disputes that arise between the PHOTOGRAPHER and the CLIENT.