Agreement between User and VIVO Real Estate Photography

 

Thanks for choosing VIVO Real Estate Photography [Photographer or VIVO]! By ordering services from VIVO Real Estate Photography, you [the Client] agree to the following:

 

Shoot Requirements

To ensure the best results of the photo shoot please be sure the Property is "photo-ready." While our photographers may adjust the positioning of some objects or furniture in the Property for the purposes of the photo, it is the Client's responsibility to ensure that the property is ready for photographing at the arranged time. PLEASE REVIEW OUR PRE-SHOOT CHECKLIST.

 

For liability, VIVO Real Estate Photography does not handle any cleaning, dusting, or moving of furniture. However, the Client authorizes us to re-arrange furniture or objects to enhance the visual image. We will return all materials to their original position.

 

If there active public health restrictions in place at the time of the shoot, such as the COVID-19 pandemic, VIVO Real Estate will follow all CDC-recommended or required safety precautions, such as wearing face masks, and practicing social distancing.

 

The Client authorizes VIVO Real Estate Photography to come onto the Property and take photographs. The Client promises to indemnify VIVO Real Estate Photography and its employees or contractors, and defend them, pay the expenses of their defense if a claim is made arising out of the services performed

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Cancellation/Postponement Policy

VIVO Real Estate Photography understands that homes may not be ready for shooting as expected. It is the responsibility of the Client to inform us as soon as possible for rescheduling. A photo session that is rescheduled or canceled after 6 p.m. the day before will be charged a 50% rescheduling fee. Once a photographer has arrived at a property, the order may be canceled, however there will be no refund. Reschedules will be subject to the photographer’s availability.

 

Weather Policy

There will be times services cannot be completed due to weather. In those circumstances, the decision about shooting is up to the Client. If the Client chooses to proceed with photography we will provide the best images possible. If additional outdoor photos are required on a better weather day a re-shoot fee will apply. No reschedule fee will be charged in the event of bad weather. Reschedules will be subject to availability.

 

Payment Policy

Payments must be received via credit card prior to delivery of images unless other arrangements have been approved in advance. The photo release is not authorized until payment is received in full. Failure to pay for the images will result in a copyright infringement. The Client will be asked to remove the image from any electronic or printed form of advertisement. Failure to stop using them will result in legal action.

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Real Estate Limited License Terms & Agreement

Service Agreement for Digital Imagery 
For the purpose of this agreement, "Images" refers to any and all Digital Imagery produced and/or delivered by VIVO Real Estate Photography or its partners, including photographs, virtual tours, property websites, videos, floor plans, flyers, brochures and other similar Products.

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Limited Licensing Release

In order to provide you with the best service and support at reasonable pricing, we do not sell our images to you. VIVO licenses their use. Fees are dependent on (1) payment of the invoice in full, (2) using the Images only as indicated, and (3) protecting them with proper copyright notification.

 
For Commercial or Residential Real Estate Listings, images delivered are licensed to the Client for:

• The purpose of listing a property only.

• Term of the listing, not to exceed 1 year.

• A primary photo can be used for a longer duration and for additional “sold” marketing materials.

• However, your Rights do not permit third-parties to copy, display or distribute our images for the purpose of providing services competitive with the Products you have purchased from us unless we give you our written permission. 

• Your Rights permit you to post our Images on multiple listing services and make the images available in the Client's MLS listing for the Property, or other commercial purposes to promote the Property

• Only the Client has permission to use the delivered Images on any electronic or printed form of advertisement or social media for the promotion of the property. If anyone (builders, stagers, designers, or “third parties”) ask to use the images, The Client agrees to refer them to VIVO Real Estate Photography. If VIVO agrees to allow others to use the images, additional licensing fees may apply.

• Images cannot/will not be made available to another REALTOR or homeseller who takes over an expired or withdrawn listing. Unauthorized use of images is a copyright violation, and will result in termination of this contract.

For Properties such as hotels, motels or short-term rentals, images delivered are licensed to the Client for:

• A perpetual limited license for Client’s limited commercial use of the digital files in the normal course of Client’s business, including, but not limited to, advertising, marketing, or other promotions, or on Client’s website, blog, or social media platforms. Client understands that the digital files are meant for print and online marketing, social media and advertising materials or campaigns. The digital files may be not altered, edited, or manipulated in any way, except that Client may add their business name, logo, website, graphics or other advertising or marketing campaign text to the digital files so long as it does not affect the elements of the image as styled by Photographer. The digital files may not be used by anyone other than the client. The Client cannot sell, lease, or give images to third party.

For Commercial Properties including but not limited to retail establishments, restaurants, office buildings, factories, warehouses, or government buildings, a separate contract signed and dated by the Client and the Photographer to establish fees, Licensing and Usage agreements and terms and conditions may be required.

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For image integrity, and quality control the Client agrees not to alter an image once it is delivered. The Client may request additional editing by VIVO Real Estate Photography, depending on the complexity of the request, additional fees may apply. Please contact VIVO Real Estate Photography for an additional release for any/all printed or web publications. Fees may apply.

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Copyright Notice

ALL PHOTOGRAPHS ARE THE COPYRIGHT OF VIVO Real Estate Photography.
The Client agrees that the photographer will remain the owners of all the copyrights of all images. Copyright is not and will not be transferred to any other party.

Licensing may be obtained for various applications of images. Please contact VIVO for more details.
The Photographer retains the copyright and ownership of all images from the photo session and reserves the right to reproduce images for portfolio, studio display, gallery display, website, social media, self-promotion, photo contests, teaching classes, other uses deemed appropriate by the photographer. I agree not to use the Products in a way that interfere with your Rights.

VIVO Real Estate Photography reserves all rights not granted to the Client by this agreement. If we discover that someone infringing on our copyright, the Client agrees to cooperate to help stop infringement or collect damages. Home sellers/buyers may request a copy of the photos from the photographer only. Separate licensing may apply.

 
Changes to Terms

VIVO reserves the right, in its sole discretion, to change the Terms of Service. The most current version of the Terms will supersede all previous versions. VIVO encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us
VIVO welcomes your questions or comments regarding the Terms:
 
VIVO Real Estate Photography
Austin, Texas
 
Email Address:
info@vivorealestatephotography.com
 
Telephone number:
512.348.6859
 
Effective as of January 15, 2022