Copyright Notice
As the author of all audiovisual works (herein referred to as MEDIA or WORK) made pursuant to this Agreement and as provided by law, Imagic Media Co. retains the copyright in and to such media. The parties agree that the media are not works made for hire in accordance with 17 U.S.C § 101 and that Imagic Media Co. retains those exclusive rights in the work provided by 17 U.S.C § 106, including the rights to reproduce the copyrighted work, prepare derivative works based on the copyrighted work, distribute copies of the copyrighted work to the public, and display the work.
Usage Rights for Real Estate Sale & Marketing Purposes
The CLIENT is granted a license to use property images, for which they have paid, for the promotion of that property for the duration of the listing while the CLIENT manages such listing, plus post-sale related promotion by the agent(s). The license terminates once the listing has expired or is withdrawn. Media must not be edited/altered by anyone other than Imagic Media Co. except for minor cropping and/or resizing only.
CLIENT may NOT give or sell the work to anyone. This includes the property owner, other broker/agent/Realtor, builder, architect, stager, or any other 3rd party. Imagic Media Co. recognizes that CLIENT does not control how images are shared by the local MLS systems and syndicated to other property listing sites (Zillow, Trulia, et al.) and CLIENT is not liable for such use beyond license expiration. Disregarding these terms will result in copyright infringement/violation and may result in legal action.
Usage Rights for Builders, Designers, Architects, Property Managers, and Others
Licensing terms for commercial clients or other photography projects are defined in the contract for each particular project. Please contact Imagic Media Co. if you have any questions.
Terms & Conditions
Property Condition and Photo-Readiness
Appointments are typically booked “back-to-back,” and preparation prior to the photographer’s arrival will ensure you get the most media taken during your appointment time. It is your responsibility to ensure the property is in photo-ready condition. We’ll make minor adjustments to improve the shot, but we cannot move furniture or make significant changes, clean the home, etc.
Please ensure that there are no hazards to our staff’s safety and that pets are confined out of view. Each image will be edited, but we cannot retouch images to disguise known defects and/or physical structures such as wall/floor blemishes, driveway/drywall cracks, power lines, etc.
Weather Policy
In the event of unfavorable weather on the day of the shoot, you may opt to reschedule for the next available opening or proceed regardless of weather conditions. Please understand that your photos will reflect the weather conditions at the time of the shoot. If weather conditions are too severe for sensitive camera equipment (heavy rain, high winds, etc), we may, at the photographer’s sole discretion, reschedule your shoot for the next available appointment time.
Cancellations and Rescheduling
If you are unable to keep your scheduled appointment, please give at least 48-hour notice for rescheduling. Cancellations or rescheduled appointments (other than those due to unforeseen weather conditions) with less than 24 hours may be subject to a $50 cancellation fee.
Payment
50% advanced payment is due upon booking unless otherwise agreed to in writing. Payments may be made securely online, by credit card, or cash on the day of the shoot. Full payment is required to have access to finished work and be able to download media. Failure to make payments voids any license granted and constitutes copyright infringement.