All customers, clients and end users are subject to the terms and conditions of Curb Appeal Photography legal and copyright agreement.
(Terms & Conditions Updated & Published On 01/01/2017 at 2:13pm)
Image license agreement between Curb Appeal Photography and the contracting client including clients of contracting client.
Section 1 - Image Use
- 1.1 This license is individual, non-transferable and non exclusive. It gives you the right to use the photographs on any type of medium, for any sort of utilization, such as for example the illustration of press articles, advertising, on-line use, as well as the right to carry out any form of reproduction, printed or digital, needed in what you intend to do with the photographs.
- This licence is granted to you with a time limit based on the life of the property listing with the current contracting client (real estate agent) or unless you should fail to respect one of its clauses. This license allows you to crop the photographs, to take elements out of them, to use them partially, to touch them up or add elements to them.
- 1.2 The following uses are not authorized in compliance with the license granted to you here. Before any use in one of the following cases, it is mandatory to contact Curb Appeal Photography in order to pay an additional license: For any use of the photographs in a third party product or if they are to be commercialized, of which they represent the main value, such as, reports, postcards and posters. For any billing activity
- through a commercial network, reproducing the whole or part of a photograph.
- 1.3 It is forbidden to resell, give a sub-license, give, lend, sub-let, distribute the whole or part of an image, whatever its size and resolution unless you are acting on behalf of a client as advertising agency or similar. It is forbidden to use the photographs in a context which might be political, slanderous, immoral, offensive or degrading
- 1.4 Curb Appeal Photography certifies that it is entitled to all the commercial rights pertaining to the photographs.
- 1.5 All rights pertaining to the photographs are owned by Curb Appeal Photography. The granting of this license does not imply a transfer of ownership. The photographs are protected by the laws on royalty and copyright. You are therefore under the obligation to use the photographs like any other protected product. Any representation or reproduction, complete or partial, carried out without the consent of Curb Appeal Photography may be considered a a breech of contract.
- 1.6 All images provide by Curb Appeal Photography to the listing agent are 100% owned by Curb Appeal Photography unless otherwise stated. All images provided by Curb Appeal Photography may have been captured using Curb Appeal Photography staff, contractors or third parties. In the event that Curb Appeal Photography uses a third parties’ supplier will ensure that we have the contractual right to license the images.
- 1.7 Curb Appeal Photography may resell image the rights to third parties, other real estate agents or advertising agencies. The resale of image rights may only completed once the current advertising campaign has ceased.
Section 2 - Disclosure to vendors, tenants, investor or any associated person(s)
- 2.1 In accordance with the terms of this agreement you must disclose to the client, vendor, tenant, investor or any associated person(s) involved with the property that is being photographed that the images captured are bound by the image use agreement (section 1.1) and that all image captured or produced remain the property of Curb Appeal Photography and may only be used for the life of the listing. This disclosure is normally indicated on the vendors advertising schedule and may or may not include this entire document. Upon request from a vendor or associated person this document may be presented.
- 2.2 The vendor, tenant, investor or any associated person(s) may obtain copies of the images for personal use only and must not reproduce, resell or redistribute those images for commercial purposes or for marketing use with another selling agent or marketing company. All copies provided will include a watermark or security tag.
- 2.3 All photography bookings are a direct contract between Curb Appeal Photography and the company booking the job such as the advertising agency or listing agent. The vendor, tenant, investor or any associated person(s) have no involvement in the contract between Curb Appeal Photography and the listing agent and have no rights over any images unless specifically requested.
Section 3 - Termination
- 3.1 The license contained in this Agreement may terminate automatically without notice from Curb Appeal Photography if You fail to comply with any provision of this agreement or fail to pay any accounts or monies owed. Upon termination, you must immediately:
- (i) Stop using the Digital Photos; and
- (ii) Delete any Digital Photos and all copies of all of them from all digital media and destroy all other copies or, upon request of Curb Appeal Photography.
Section 4 - Resale
- 4.1 Images may be resold to vendors or interested parties, resale of images can only be done where the original contracting client has given permission for the images to be re-distributed.
- 4.2 All image resale will incur an admin and re-license fee – ( See fees)
Section 5- Governing Laws
- 5.1 This Agreement will be governed in all respects by the laws of United States of America. The Courts of the Georgia shall have the non exclusive jurisdiction to hear any disputes under this Agreement. Not withstanding the foregoing, Curb Appeal Photography shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Curb Appeal Photography, such action is necessary or desirable.
Section 6 – Fees
- All images are services are initially licensed at a subsided single usage rate as set out in Curb Appeal Photography current pricing. Some images can be resold at Curb Appeal Photography discretion.
- Image re-license fee per image – Price range $250 – $550.00, depending on image and subject to approval, full images sets can only be re-licensed as a full set with approval and the price is decided by Curb Appeal Photography .
- Image infringement, copyright and ownership transfer Price range based on image, circulation and usage $500 – $2,000 per image
Section 7 – Unauthorized Image Usage
- Curb Appeal Photography hold the master copyright to all images, floor plans, renders and graphics produced by Curb Appeal Photography, Curb Appeal Photography Staff and Curb Appeal Photography Contractors. All images are provided to clients under license only.
- Anyone individual, company, corporation or entity using Curb Appeal Photography images with out proper written authorization may be liable to costs associated with copyright, damages, loss of business, defamation of brand. In addition images found being used in an unauthorized capacity will be subject to full copyright fees as set out in Section 7 of Curb Appeal Photography terms and conditions.
- Any unauthorized usage maybe perused via legal representation of whom Curb Appeal Photography appoint as their legal representative and in accordance with the United States of America Copyright Act of 2006 and including any other related state and federal laws.
Section 8 – Booking and Cancellation Fees
- 8.1 – Cancellation of bookings must be made via 24 hours prior to the actual job date/time for real estate agents, for builders and one off projects 3 days notice for cancellation is required. Cancellations must be made in writing via email to firstname.lastname@example.org
- Cancellations will in incur the following fees :
Real Estate Shoots
- 50% of job value if cancelled 24 hours prior
- 80% of job value if we arrive on site and the home can not be photographer
- 50% of job value if cancelled 24 hours prior
- 50% of job value if cancelled 7 days prior for overnight and travel based bookings
- 100% of job value of job if full day job and project can not proceed on day