This “Agreement” governs your use of real estate photography services, design services, and related photographs and images as specified in the related Invoice (collectively, the “Images”), for the “Property” noted in that Invoice. Your hiring of Eric Norton, payment of the Invoice, use of the Images, or signature below signifies your acceptance of this Agreement. Eric Norton Photography (“we” or “us”) provides you with the following rights to use the Images. These rights are granted only to you and you agree not to transfer, assign or sublicense any rights without our written permission.
Review Period & Reshoots. Please review all Images upon receipt. If there are issues with the Images due to technical errors or equipment malfunctions, please notify us within 3 days of receipt and we will replace the Images at no additional charge. If there is an artistic difference or you request a reshoot for any other reason, we charge a reshoot fee of half the fee of the original photography session.
Term. Any rights we grant you are limited to a term of either one year from the date of the Invoice, or the termination of your representation of the Property, whichever occurs first (“Term”). Using the Images beyond the Term requires Eric Norton’s written permission and may require additional fees.
Rights. Images, including but not limited to all photographs, and all rights relating to them (such as copyright) remain the sole and exclusive property of Eric Norton. We grant you the limited right to reproduce, display, and distribute the Images only for promotional purposes directly related to the sale of the Property. You may upload the Images to the MLS to promote the Property during the Term. Any other use, including use by any third parties requires Eric Norton’s written permission. If a third party asks you if they can use the Images, you must refer them to us. We reserve all rights not granted to you by this Agreement.
Independent Contractor. You agree we are an independent contractor and not your employee. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Our Images are not to be deemed work for hire. All rights are contractual and expressly defined by this Agreement.
Indemnification. You have the necessary authority to allow us to enter the Property and take photographs. You have authorized us to enter the Property to take photographs. You agree to indemnify and defend us against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of our services to you or the creation or any use of the Images.
General Terms. By entering into this Agreement, you consent to receiving occasional marketing emails from Eric Norton Photography. To help prevent photo theft, you agree to include the following language in the Agent Only Remarks section of the listing: “Photos Copyright EricNortonPhotography.com.” This Agreement, including the attached Invoice, is the entire understanding and agreement between you and us, and supersedes any and all prior agreements. This Agreement is governed by and interpreted in accordance with California law. If one or more provisions in this Agreement are found to be invalid, illegal or unenforceable in any respect, such provisions will be revised only to the extent necessary to make them enforceable and the validity, legality and enforceability of the remaining provisions will not be affected.