TERMS & CONDITIONS

Rights

All Photos and Videos (Media) created by MCIV Photography, and rights relating to them, including copyright and ownership rights in the Media in which the Media are stored, remain the sole and exclusive property of MCIV Photography. This license provides the Client with the limited right to reproduce, publicly display, and distribute the Media only for promotional or advertising purposes directly related to the sale of the Listing. Media used for any purpose not directly related to the sale of the Property must be with the express permission of Photographer and the payment of additional fees, unless otherwise agreed to in writing.

Media may be uploaded to any MLS listing service solely for promotion of the Listing. However, regardless of any terms and conditions of the MLS, at no time does this Agreement provide Client with the right to transfer copyright, or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106. Media may contain copyright management information (CMI) at the discretion of MCIV Photography in the form of either 1) a copyright notice (©) and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to MCIV Photography for any penalties and awards available under the statute.

Unless otherwise specifically provided elsewhere in this document or other signed agreement between the parties, any grant of rights is in perpetuity. Rights are assigned to the Client immediately after payment of the project Invoice.

Relationship of the parties

MCIV Photography, nor MCIV Photography’s employees or contract personnel are, or shall be deemed to be, employees of Client. No agency, partnership, joint venture, or employee-employer relationship is intended. MCIV Photography and the Media or any other deliverables prepared by MCIV Photography shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are expressly defined by this document.

Creation

The manner and method of creating any Media is solely at the discretion of MCIV Photography and the Client has no right to control Photographer’s manner and method of performance. MCIV Photography will use their best efforts to: (a) ensure that the Media conform to Client’s specifications; and (b) submit all Media to Client in publishable quality, on or before the applicable deadlines.

Delivery

Media delivered is based on suitable quality for MLS, websites, and social media platforms. It is the Client’s responsibility to verify that the Media is suitable for reproduction and that if the Media is not deemed suitable, to notify the Photographer immediately. MCIV Photography’s sole obligation will be to replace the Media at a suitable resolution but in no event will MCIV Photography be liable for poor reproduction quality, delays, or consequential damages.

Payment

All fees are payable within thirty (30) days of the delivery of the Invoice. Payments not received within this timeframe are subject to additional late fees and/or legal action.

CANCELLATION POLICY

MCIV Photography will never charge for rescheduling or cancellation before 24 hours of the time of the Shoot. Appointments rescheduled or cancelled within 24 hours by the Client are subject to a $100 rescheduling fee, weather exempt. If the Client is a "no show" at the time of the Shoot, or the house is entirely unready for Media, the Client may be subject to the entire cost of the booked shoot.

TRANSFER & ASSIGNMENT

Client may not assign or transfer any rights granted in this document. This includes and is not limited to other realtors, landlords, rental management companies, builders, stagers, lenders, investors, etc.

INDEMNIFICATION

The Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Media or materials furnished by the Client. It is the Client’s responsibility to obtain the necessary model or property releases are ensure they are full effect and in force.

SEVERABILITY

If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

Waiver

No action of either party, other than express written waiver, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such rights or remedies will not preclude further exercise of other rights or remedy.