Real Estate License Agreement

RL Miller Photography LLC offers a standard limited licensing agreement to our commercial and residential Real Estate clients unless otherwise specified in writing and signed by both parties.  By hiring, contracting, employing, or otherwise engaging RL Miller Photograpy LLC for any photography, videography, graphic design, post processing, aerial, licensing of prior media or any other work, the following terms apply.

Services.

Client has elected to receive and Photographer will provide Real Estate Photography (the “Photography Services”)

Copyright.

Title (possession) of and copyright to all Work provided hereunder shall at all times remain the exclusive property of Photographer. Upon payment by Client for the Photography Services provided by Photographer, a limited, revocable, non-assignable and non-transferable license shall be granted to Client which allows Client to use the Photography Services (images, video and/or other digital media) only for marketing the Real Estate Property itself.  The Photography Services may not be resold or distributed in any other manner without the prior written consent of Photographer.  This includes for example, using the images or video for marketing of the real estate agent, builder, architect, homeowner, or agent’s company in any form.  Upon sale of the property or client’s loss of the listing, the limited license terminates.  A new fee applies if the same home or property is relisted at a future date, either by client or any other agent.

Photographer reserves the right to use any Photography Work created under this Agreement for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.

Exclusive Photographer.

Photographer and/or any photographers hired by Photographer to perform the Photography Services shall be the exclusive photographer(s) retained by Client for such purposes.

Property Release.

For good and valuable consideration herein acknowledged as received, the undersigned Client, being the legal owner of, or having the right to permit the taking and use of photographs of the property to be marketed, sold, or advertised does irrevocably grant to RL Miller Photography LLC (“Photographer”), his/her heirs, legal representatives, agents, and assigns the full perpetual rights to take and use such photographs in advertising, trade, or for any purpose. The undersigned also consents to the use of any printed matter in conjunction therewith. The undersigned hereby waives any right that he/she/it may have to inspect or approve the finished product or products, or the advertising copy or other published matter that may be used in connection therewith, or the use to which it may be applied. The undersigned hereby releases, discharges, and agrees to save harmless and defend Photographer, his/her heirs, legal representatives, and assigns, and all persons acting under his/her permission or authority, or those for whom he/she is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, even though it may subject the undersigned, his/her/its heirs, representatives, successors, and assigns, to ridicule, scandal, reproach, scorn, and indignity. The undersigned hereby warrants that he/she is a legally competent adult and has every right to contract in his/her own name in the above regard. The undersigned states further that he/she has read the above authorization, release, and agreement, prior to its execution, and that he/she is fully familiar with the contents thereof. If the undersigned is signing as an agent or employee of a firm or corporation, the undersigned warrants that he/she is fully authorized to do so. This release shall be binding upon the undersigned and his/her/its heirs, legal representatives, successors, and assigns.

Damages; Indemnity.

In no event shall Photographer be held liable for any damages incurred by Client or to Client’s property.  Should a court of law find Photographer liable for any such damages, Photographers cumulative liability shall be limited to half the contract amount hereunder, and in no event shall Photographer be liable for any special, incidental, indirect, punitive, exemplary, or consequential damages.  Client agrees to indemnify, defend and hold harmless Photographer from and against any and all third party claims, losses, liabilities, damages and expenses, including attorney’s fees, resulting from Client’s act or omission under or related to this Agreement.

Expenses.

Travel expenses such as parking, shipping, or destination fees (if any) must be reimbursed to the Photographer and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.

Image Delivery.

Images will be delivered to the Client fully edited.  Any further editing required after delivery will incur an additional cost of $50.00 per hour.  Reshoots or additional visits will require a fee of at least 50% of the original cost of the photography or video shoot and up to 150% at Photographers discretion.  By hiring photographer, client has agreed to have reviewed photographers prior work/style and agrees that the delivered product is final unless additional compensation is rendered for additional work or editing.

Returned Checks.

Returned checks are subject to a $50.00 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by the Photographer in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.

Payment Terms.

Payment is due immediately upon receipt of invoice.  Any payments not made within 30 days of Invoice date will incur a 5% late fee each month the balance is not paid in full.  All necessary legal action will be taken to collect any outstanding balance on client account due to non-payment.

Governing Law.

This Agreement shall be governed by the law of the State of Washington without reference to its rules relating to choice of law.

Entire Agreement.

This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.