Terms & Conditions
1. Definition of Terms:
1.1 "Client" refers to the party engaging the services of the real estate photography company.
1.2 "Photography Company" refers to Burke Multimedia, the provider of real estate photography services.
2. Ownership and Copyright:
2.1 All photographs taken by the Photography Company are the exclusive property of the Photography Company, and they retain the copyright to all images.
2.2 The Client is granted a non-exclusive license to use the photographs for the sole purpose of marketing the property during the term of the listing agreement.
2.3 The Client is not permitted to sell, transfer, or grant a sublicense for the use of the photographs to any third party without the express written consent of the Photography Company.
3. Usage Rights:
3.1 The Client is authorized to use the photographs for the marketing of the specific property for which the photography services were contracted.
3.2 The Client may use the photographs on the MLS, real estate websites, social media websites, brochures, and other marketing materials directly related to the sale or rental of the property.
4. Prohibited Uses:
4.1 The Client is expressly prohibited from using the photographs for any purpose other than the marketing of the specific property for which the services were provided.
4.2 The Client may not alter, manipulate, or edit the photographs without the prior written consent of the Photography Company.
5. Duration of License:
5.1 The license granted to the Client is valid for the duration of the listing agreement for the specific property. After the property is sold, the license expires, and the Client must cease using the photographs.
6. Credit and Attribution:
6.1 The Client agrees to provide appropriate credit to the Photography Company whenever the photographs are used, where feasible.
7. Exclusivity:
7.1 The Photography Company retains the right to provide similar services to competing properties in the same geographic area.
8. Indemnification:
8.1 The Client agrees to indemnify and hold the Photography Company harmless from any claims or damages arising out of the Client's use of the photographs.
9. Payment and Delivery:
9.1 Payment for photography services is due upon delivery of the photographs.
9.2 The Photography Company will deliver the photographs to the Client in a timely manner, as specified in the service agreement.
10. Termination:
10.1 Either party may terminate the agreement in writing if the other party breaches any material term or condition and fails to remedy the breach within a reasonable time.
11. Governing Law:
11.1 This agreement shall be governed by and construed in accordance with state and federal laws.