License
Upon payment, Licensor (Attractive Home Photography) grants licensing and rights to Licensee to use the photos as needed for the purpose of marketing the property for sale. The Licensee is granted non-exclusive usage rights. Licensor (Attractive Home Photography) retains all ownership and licensing rights of all images. Community images remain the sole property of Licensor (Attractive Home Photography) and are licensed to the Licensee for the purpose of marketing the property. Any changes to this license agreement must be made in writing prior to the work performed.
Fees and Payment
Licensee agrees to pay all fees in full at time of delivery without any setoff, recoupment, counterclaim, deduction, debit, or withholding for any reason. All pricing for services is subject to change at any time. Payments received after 30 days of invoicing will be subject to a late fee of $25. Beginning at 60 days all balances will be subject to an interest rate of 3% per month until the outstanding balance is paid in full. Licensee will also reimburse Licensor (Attractive Home Photography) for all expenses incurred in collecting any late payments from the Licensee, including, without limitation, attorneys’ fees. In addition to all other remedies available under this agreement or at law, we will be entitled to immediately suspend your account or Services without prior notice to you if you fail to pay any amounts when due.
Cancellation Policy
Licensor (Attractive Home Photography) reserves the right to charge a cancellation fee for cancellations. Cancellations or rescheduling can be made up to 24 Hours before the scheduled shoot with no cost incurred. Cancellations that occur less than 24 hours will incur a cancellation fee of $50. Appointments canceled within 12 hours or less will be charged a $150 fee.
Performance of work
It is the property owner’s and/or Licensee’s responsibility to prepare the property for the photo shoot. Licensor (Attractive Home Photography) is not responsible for homes that are not in ‘photo ready’ condition at the time of the photo shoot. Licensor (Attractive Home Photography) will photograph all images of the property in an “as-is” condition except for minor changes such as turning on lights and adjustments to window coverings as needed to enhance photo quality.
Unless access to the property is otherwise arranged, an agent or property owner must be present at the time of photography. Licensor (Attractive Home Photography) is not responsible for inaccessible properties and reserves the right to charge cancellation, reschedule, reshoot, or travel fees as a result of property inaccessibility.
Distribution of Deliverables
After a photo session is completed and the images have been processed, the images will be delivered electronically. An email containing a link to all images / media and other services will be sent to the email address on file. Some services such as floorplans, virtual staging and video may be sent at a later date if more production time is needed. Licensor (Attractive Home Photography) is not responsible for emails not received but will make every attempt to send deliverables to an alternative email address if notified that the initial email was not received.
No refunds of fees will be given if a listing sells between the time the images are taken and the time they are distributed to the agent and/or property owner.
Content.
All content created by Licensor (Attractive Home Photography) will be hosted for one year, unless otherwise communicated in writing. The Licensee will have access to and storage of all delivered media throughout this period. The Licensee is accountable for downloading and preserving copies of the media before the hosting ends. Extension of hosting beyond the initial term is possible for an extra fee. To extend the hosting period, the Licensee must inform the Licensor (Attractive Home Photography) in writing before the 12-month period ends.
Limited Warranty; Disclaimers
The Licensee’s sole and exclusive remedy for Licensor (Attractive Home Photography) breach of this limited warranty is that Licensor (Attractive Home Photography) will re-perform at its expense any Service that does not conform to this warranty within a reasonable time (but no more than fifteen (15) days after we receive The Licensee’s written notice of such non-conformity). The Licensee must provide Licensor (Attractive Home Photography) written notice of the non-conformity within ten (10) days of delivery.
Limitation of Liability
IN NO EVENT WILL LICENSOR (ATTRACTIVE HOME PHOTOGRAPHY) BE LIABLE TO LICENSEE OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT LICENSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL LICENSOR’S (ATTRACTIVE HOME PHOTOGRAPHY) AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OUR WEBSITE OR SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID BY YOU TO ATTRACTIVE HOME PHOTOGRAPHY IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
Amendment of Terms; Termination.
Licensor (Attractive Home Photography) reserves the right to change these Terms at any time. Notification of Any material changes to these Terms and Conditions, changes will be included in the job confirmation email.
Cross Promotion
As part of our service, we may cross promote properties on various social media sites after the property is live on the MLS. If you would like to opt out of any cross promotions, please communicate in writing prior to the work performed.
(R-01/24)