SHANA NICHOLE PHOTOGRAPHY AND FILM

Terms & Conditions


 

1. Photo Licensing Agreement

Shana Nichole Photography and Film / Shana Clarke (hereinafter "PHOTOGRAPHER") retains full copyright for all digital images and video content created in the course of doing business, including all photos and videos displayed on this website. The commissioning real estate broker/agent (hereinafter "CLIENT") is granted a limited license to use property images and video, for which they have paid, for the promotion of that specific property in any media while CLIENT manages the listing.

 

License Terms:

• The license is active while CLIENT manages the listed property.

• The license expires once the property has Sold, Expired, or is Withdrawn from the market.

• Images and video must not be edited or altered by anyone other than PHOTOGRAPHER, with the exception of minor cropping and/or resizing only.

 

CLIENT may NOT give, license, or sell images or video to any third party. This includes, but is not limited to, the property owner, other brokers/agents/Realtors, builders, architects, stagers, or any other vendors. Disregarding these terms constitutes copyright infringement/violation under the 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 systems and syndicated to property listing sites (Zillow, Trulia, etc.), and CLIENT is not liable for such use beyond license expiration.

 

Re-Licensing for Commercial Use:

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

* Licensing terms for custom photography or film projects with other commercial clients are tailored according to the project estimate and can be found in that document as well as on final invoices.

 

2. Payment & Delivery

Payment for real estate images and video services is due at the time of delivery. CLIENT has a two-week (14-day) grace period from the date of delivery to submit full payment.

 

Invoices unpaid after the 14-day grace period may be subject to a late fee or suspension of future services until the balance is settled. If alternate payment arrangements are needed, they must be agreed upon in writing prior to the scheduled shoot.

 

PHOTOGRAPHER agrees to deliver final edited images digitally by 3:00 PM the next business day following the shoot. Final video deliverables will be delivered within 48-72 hours of the shoot.

 

3. Cancellations & Weather

Cancellations must be made at least 24 hours before the scheduled photoshoot start time. Same-day cancellations that are not weather-related or due to an emergency may incur a cancellation fee. Emergency and weather-related cancellations are reviewed on a case-by-case basis.

 

Weather-Related Cancellations:

Weather-related cancellations are subject to the same 24-hour cancellation policy above. Certain weather conditions may adversely affect exterior home photo quality or prevent safe drone flight (drone photography is an add-on service).


In the event of unfavorable weather:

• Interior photos will be photographed as planned.

• Alternate arrangements will be made for exterior or aerial re-shoot.

 

4. Property Condition

CLIENT will ensure that the listing property is clean and ready for photography at the time of service. Please review our photoshoot prep guidelines prior to your scheduled appointment.

 

PHOTOGRAPHER's Responsibilities:

• PHOTOGRAPHER is not responsible for cleaning, dusting, changing lightbulbs, or moving furniture.

• PHOTOGRAPHER may adjust window coverings, move small items, or turn lights on/off as necessary to achieve optimal results.

 

CLIENT's Responsibilities:

• CLIENT shall ensure there are no hazards to the photographer's safety.

• Pets must be confined and out of view during the shoot.

• PHOTOGRAPHER will not retouch images to disguise known defects or physical structures such as wall/floor blemishes, driveway cracks, power lines, etc.

 

5. Image Storage & Backup

Shana Nichole Photography and Film retains a copy and guarantees re-delivery of files within 6 months of the original delivery date. After 6 months, re-delivery requests cannot be guaranteed and files may no longer be accessible.

 

It is strongly recommended that CLIENT make a local backup of all delivered photos and videos for use throughout the duration of the listing.

 

6. Agreement & Acceptance

By booking services with Shana Nichole Photography and Film, CLIENT agrees to all terms and conditions outlined in this document. These terms apply to all real estate and commercial photography and film services unless superseded by a separate written agreement.

 

For questions regarding these terms, please contact:

 

Shana Clarke

Shana Nichole Photography and Film

shananicholephoto@gmail.com

 

 

© Shana Nichole Photography and Film. All Rights Reserved.