Mike Anthony Photography LLC – Terms and Conditions for Real Estate and Short-Term Rental Photography
Section 1: Introduction and Licensing
1.1 Licensing Overview: Real estate and short-term rental photography and videography provided by Mike Anthony Photography LLC is licensed, not sold. Clients pay for the right to use the photographs for a specified duration. Mike Anthony Photography LLC retains ownership of all media delivered. The client who pays for the services is the only entity licensed to use the photos through this standard license. Redistribution or transfer of photos to other businesses or entities, including architects, designers, builders, etc., without Photographer's permission is prohibited.
1.2 Usage and Licensing for Real Estate Listings: Real Estate refers to property listed on MLS for the purpose of a sale. Usage of licensed images is restricted to MLS listings, social media, and printed materials intended to sell the property under the client's contract with the property owner. Any other usage requires additional license fees. Rights are assigned upon delivery and limited to 1 year or the end of the Client’s representation of the property, whichever comes first.
1.3 Usage and Licensing for Short-Term Rentals: Short-Term Rental refers to accommodations rented through platforms such as Airbnb, VRBO, or other similar online platforms.
Licensed images can be used for promoting and advertising the short-term rental. Any other usage requires additional licensing and fees. Rights are assigned upon delivery and limited to 1 year or the end of the Client’s representation of the property, whichever comes first.
1.4 Photo Credit Requirement: For any publication online, social media, or print, photo credit to “Mike Anthony Photography | @mikeanthony.photos” must be included. Failure to provide credit constitutes commercial usage and incurs additional fees.
Section 2: Copyright and Legal Compliance
2.1 Copyright Notice: Pursuant to 17 U.S.C § 106, reproduction of photographs without Photographer’s explicit permission is illegal and subject to civil penalties. All images & video provided are copyright Mike Anthony Photography LLC
2.2 Copyright Management Information (CMI): Photos may contain CMI. Altering or removing CMI constitutes a violation of the DMCA, and the client will be responsible for any penalties and awards.
Section 3: Service Terms
3.1 Payment and Service Rendering: Services are rendered only after payment is received. A 50% deposit may be collected at the Photographer’s discretion.
3.2 Turnaround Time: Standard turnaround is 24 hours for weekdays. Weekend requests have specific considerations.
3.3 Scheduling and Cancellation: A fee may apply for rescheduling or canceling with more than 24 hours notice. Cancellations with less than 24 hours notice require full payment of the invoice.
3.4 Photographer’s Rights and Obligations: The Photographer reserves the right to use images for advertising and other purposes. In cases of Photographer’s illness or emergencies, deposits or fees will be returned, but no further liability is assumed. Photographer has no obligation to retain or archive any digital media delivered to Client.
3.5 Client’s Rights and Responsibilities: Clients are responsible for ensuring image removal from MLS databases at the agreement's expiration and for obtaining necessary releases.
Section 4: Property Condition and Delays
4.1 Property Condition and Preparedness: If the Photographer determines the property is not in ideal shooting conditions, such as clutter or interference from people, the following applies:
4.1.1 Rescheduling Option: The Photographer may offer to reschedule the session. A rescheduling fee may apply.
4.1.2 Delay and Additional Time: If the session is delayed due to the property's condition or interference, additional fees may apply for the extra time required.
4.1.3 Client’s Responsibility: It is the client's responsibility to ensure the property is in a suitable condition for photography/videography and that no hindrances are present during the session.
4.2 Inclement Weather: Should inclement weather or other unfavorable conditions hinder the ability to produce photographs that meet the artistic standards set by Mike Anthony Photography LLC, the Photographer reserves the right to reschedule the session. Despite challenging weather, efforts will be made to capture high-quality interior shots and, where possible, suitable exterior photographs. In situations where adverse conditions make the shoot unfeasible, the Photographer will reschedule at no additional cost to the Client.
Section 5: General Provisions
5.1 Relationship of the Parties: The Photographer is an independent contractor. This agreement does not create an employee-employer or agency relationship.
5.2 Creation and Delivery: The Photographer holds discretion over the creative process and delivery formats of all photography and videos. Clients must report any unsuitability within 3 business days of delivery.
5.3 Fees and Payment: Fees are payable upon receipt of media delivery. Rights are revoked if full payment is not received within 3 days.
5.4 Cancellation Policy: For cancellations within one day of the property shoot, the full fee and any incurred expenses are due.
5.5 No Exclusivity: This agreement does not create exclusivity between the parties.
5.6 Transfer and Assignment: Clients cannot transfer or assign this agreement without written consent.
5.7 Indemnification: Clients will indemnify Photographer against all claims arising out of the use of Photos or materials provided by the Client.
5.8 Governing Law and Arbitration: The agreement is governed by the laws of North Carolina. Any disputes should be resolved through negotiation, mediation, or arbitration in Mecklenburg County, NC.
5.9 Severability and Waiver: Invalid provisions do not affect the rest of the agreement. Waivers require express written consent.
This document sets forth the entire understanding and agreement between Mike Anthony Photography LLC and its clients. It supersedes all prior agreements regarding real estate and short-term rental photography services.