Terms & Conditions
Photography Copyright & Usage Agreement
This Photographer Licensing Agreement details the usage and copyright ownership of all images purchased from Scott Pack/Scott Pack Photography ("PHOTOGRAPHER").
Scope of this Agreement. This agreement applies to any photographs, graphics, digital assets, or digital images created or taken by Photographer and delivered to the client (collectively known as "PHOTOS") for the property ("PROPERTY"). This agreement governs the relationship between the parties and, in no event, shall any e-mail communication or other exchange, amend, or otherwise modify the terms of this agreement unless agreed to in writing.
Rights: All Photos and rights relating to them, including copyright and ownership rights in the media in which the Photos are stored, remain the sole and exclusive property of the Photographer. This license provides the client with the limited right to reproduce, publicly display, and distribute the Photos only for promotional or advertising purposes directly related to the sale of the property. Photos used for any purpose not directly related to the sale of the property must be with the express permission of the Photographer and the payment of additional fees unless otherwise agreed to in writing.
Photos may be uploaded to any MLS listing service solely for the promotion of the property during the pendency of this agreement. However, regardless of any terms and conditions of the MLS, at no time does this agreement provide the client with the right to transfer copyright or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106. Photos may contain copyright management information (CMI) at the discretion of the photographer in the form of either 1) a copyright notice © or 2) other copyright and ownership information embedded in the metadata or elsewhere unless otherwise agreed to by the Parties. Removing or altering such information is prohibited and constitutes a violation of the Digital Millennium Copyright Act (DMCA). The client will be responsible for the Photographer for any penalties and awards available under the statute. The client is responsible for ensuring that the Photos are removed from MLS databases at the expiration of this agreement.
Unless otherwise expressly provided elsewhere in this document or other signed agreement between the parties, any grant of rights is limited to a term of either one (1) year from the date of this agreement, or (2) at the termination of the client's representation of the property, whichever occurs first. Further use of images beyond one (1) year requires Photographer's permission and additional fees. Rights are assigned to the client immediately upon delivery of the Photos.
Relationship of the Parties:The parties agree that Photographer is an independent contractor and that neither Photographer, nor Photographer's employees or contract personnel are, or shall be deemed to be, employees of the client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this agreement. Neither party is authorized to act as an agent or bind the other party except as expressly stated in this agreement. Photographer and the Photos or any other deliverables prepared by Photographer shall not be deemed a work for hire as defined under Copyright Law. All rights granted to the client are contractual and are
expressly set by this agreement.
Creation:The manner and method of creating any Photographs are solely at the discretion of the Photographer, and the client has no right to control the Photographer's style and process of performance under this agreement.
Photographer will use his/her best efforts to (a) ensure that the Photos conform to the client's specifications; and (b) submit all Photos to the Client in publishable quality, on or before the applicable deadlines.
Delivery:Photographer may select the distribution of photographs in JPEG, TIFF, PNG, or another standard format, at a resolution that Photographer determines will be suitable for the Photos as licensed. It is the client's responsibility to verify that the Photos are ideal for reproduction and that if the Photos are not deemed suitable, to notify the Photographer within five (5) business days. Photographer's sole obligation will be to replace the
Photos at an appropriate resolution, but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages. Delivery of images shall be made within 24-48 hours of the end of the photoshoot. Unless otherwise explicitly provided, Photographer is not responsible for providing images 1) larger than 2000px at 72 dpi or 2) in a format higher than 8-bit or in RAW formatting. Photographer has no obligation to retain or archive any Photos delivered to the client.
Fees:All fees and expenses payable under this agreement are required prior to the booking and/or delivery of the Photos and payable irrespective of whether the client makes actual use of the Photos.
No Exclusivity:This Agreement does not create an exclusive relationship between the parties. The Photographer shall be entitled to offer and provide services to others, solicit other clients, and otherwise advertise the services offered by Photographer.
Transfer and Assignment:Client may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties. However, the invoice may reflect, and the Client is bound by authorizations that could not be confirmed in writing because of insufficient time or other practical considerations.
Indemnification:Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Photos or materials furnished by the client. It is the client's responsibility to obtain the necessary model, or property releases are ensure they are in full effect and in force.
General Law/Arbitration:This Agreement sets forth the entire understanding and agreement of the parties and supersedes all prior agreements between the parties. This agreement shall be governed and interpreted and enforced per the laws of the State of Kentucky. Any claim or litigation arising out of this agreement or its performance may be maintained only in courts physically located in Meade County Kentucky, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this agreement, the prevailing party shall be entitled to recover its attorneys' fees incurred in the litigation. If parties are unable to resolve the dispute by negotiation, either party may start mediation or binding arbitration in a forum mutually agreed to by the parties.
Severability:If one or more of the provisions contained in the agreement is found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
Waiver:No action of either party, other than express written waiver, may be construed to waive any provision of this agreement, and a single or partial exercise by either party of any such rights or remedies will not preclude further exercise of other rights or remedy.
In order to photograph the property in the time allotted, you hereby acknowledge and agree that the property will be ready for photographing on the date and time the shoot has been scheduled. You further acknowledge that the Photographer has a limited time frame to fully capture the property and no delays can be accepted due to cleaning or moving items during the shoot. It will be the agent and/or the respective property owner's responsibility to have the property prepared and ready prior to the arrival of the Photographer. You may download my Home Prep Guide to provide to your client in order to have the property ready for photographing from my website by clicking on the INFO link on the main menu.
It is preferred that all persons and occupants, including any and all pets, vacate the premises during the photography session, as to not delay the photographer in capturing the property or accidentally appearing in the background of any photos.
You further acknowledge that when selecting a package that the time allotted must be adhered to in order to accommodate the Photographer's busy schedule. Any delays or the need for the Photographer to return due to situations beyond the Photographer's control may result in additional expenses. Thus the importance to have the property fully ready for photography prior to the scheduled date & time.
You also acknowledge that due to time constraints, the Photographer will photograph the property "AS IS" upon arrival.