Photo Licensing Agreement
Damon Biggins Photography LLC ( PHOTOGRAPHER ) retains the copyright for all digital images created in the course of doing business and all images on this website. The commissioning real estate broker/agent ( CLIENT ) is granted a license to use property images, for which they have paid, for the promotion of that property in any media while CLIENT manages the listing. License expires once property has Sold, Expired or is Withdrawn. Images must not be edited/altered by anyone other than PHOTOGRAPHER with the exception of minor cropping and/or resizing only.
CLIENT may NOT give, license or sell images to anyone. This includes the property owner, other broker/agent/Realtors, builder, architect, stager or any other vendor. Disregarding these terms will result in copyright infringement/violation ( 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 and syndicated to other property listing sites (Zillow, Trulia, et al.) and CLIENT is not liable for such use beyond license expiration.
PHOTOGRAPHER may re-license real estate images for commercial use by developers, builders, designers, vendors, or other parties. This will be executed with a separate agreement between PHOTOGRAPHER and licensee.
* Licensing terms for custom photography 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.
Payments & Delivery
Payment for real estate imaging services is due at time of service.
If other arrangements are requested they must be made in writing at least 48-hours before scheduled time of service. In some cases payment may be made after services but before final image delivery. For these situations, watermarked, low-res digital proofs will be made available for approval first. Upon approval, full payment will be made before final images are delivered to CLIENT.
When full payment is collected at time of service, PHOTOGRAPHER agrees to deliver final images digitally within 24-hours of photoshoot start time. For other payment arrangements, PHOTOGRAPHER agrees to deliver final images digitally within 24-hours of receipt of full payment.
Cancellations & Weather
Cancellations must be made at least 24-hours before scheduled photoshoot start time. Real Estate Photoshoots cancelled with less than 24-hours notice will be subject to a cancellation fee of $50.
Weather-related cancellations are subject to the terms above. Some weather conditions can adversely effect exterior home photo quality or prevent safe drone flight. In the event of unfavorable weather, the interior photos will be photographed as planned. Alternate arrangements will be made for exterior or aerial re-shoot and additional fees may apply unless full cancellation is made at least 24-hours in advance. When weather is dry but blue skies are not present PHOTOGRAPHER will provide ONE blue sky replacement on the primary exterior home photo at no additional charge.
CLIENT will ensure that the listing is clean and ready for photography at time of service. PHOTOGRAPHER is not responsible for cleaning, dusting, changing lightbulbs or moving of furniture but may adjust window coverings, move small items or turn on/off lights as necessary. CLIENT shall ensure that there are no hazards to the photographer's safety and that pets are confined out of view. PHOTOGRAPHER will not retouch images to disguise known defects and/or physical structures such as wall/floor blemishes, driveway cracks, power lines, etc.
-Travel fees are waived when property address is measured to be 20 miles or less from business address of PHOTOGRAPHER. For locations up to 35 miles away a travel charge of $20 is applied. For locations beyond 35 miles, travel fees will be calculated at the time of photoshoot booking.
Final images are backed up by Damon Biggins Photography LLC and are available to be re-delivered until 90-days from date of delivery. Photos may no longer be available beyond that time frame. It is recommended that Client makes a local backup of the images to use for the duration of the listing. Once Client’s contract with the homeowner has ended (property is sold or picked up by another agent), the license expires so Client should delete their backup at that time.