Photo Licensing Agreement
BFFOTOS Real Estate Photos 360, LLC/Tammi Russell (PHOTOGRAPHER) retains the copyright for all digital images created in the course of doing business and all images on this website. 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 License expires once property has Sold, Expired, or is Withdrawn.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 (Digital Millennium Copyright Act of 1998, 17 U.S.C. §512(c)) and may result in legal action. PHOTOGRAPHER recognizes that CLIENT does not control how images are shared by MLS and syndicated to other property listing sites (Zillow, Trulia, et al.) and CLIENT is not liable for such use beyond license expiration.
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 is due at time of service or upon receipt of invoice.
If other arrangements are requested, they must be made in writing at least 48-hours before scheduled time of service.
Cancellations & Weather
Cancellations must be made at least 24-hours before scheduled photoshoot start time. Real Estate Photoshoots cancelled with less than 24-hours’ notice will be subject to a cancellation fee of $50. If photographer arrives at the property, and it is not ready, or is unable to gain access resulting in cancellation, purchaser will be subject to a cancellation fee of $75.
Weather-related cancellations are subject to alternate terms. Some weather conditions can adversely affect exterior and interior home photo quality or prevent safe drone flight. A cancellation fee will NOT apply due to weather if the purchaser cancels before the scheduled time of service. In the event of unfavorable weather, and the purchaser chooses to continue with the interior photos only (at full price), arrangements will be made for exterior shots for an additional fee of $100. 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.
Photoshoot prep guidelines are available here.
CLIENT will ensure that the listing is clean and ready for photography at time of service. Our photographers are on a time constraint and cannot wait for items to be moved from space to space. We typically do not shoot garages and closets so please put boxes and unwanted items in the garage prior to arrival. PHOTOGRAPHER is not responsible for cleaning, dusting, changing lightbulbs or moving of furniture or unwanted items during photo shoot. 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.
Final images are backed up by BFFOTOS Real Estate Photos 360 and are available to be re-delivered until 90-days 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.