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Property readiness.
Property must be 100% photo ready. Appointments for properties that are not photo ready will be rescheduled with $50 waisted trip charge. Most owners do not know that we do not photograph closets and garages, please let them know that they can hide items in closets and garages.
Prep List can be found here Prep List
Prep List can be found here Prep List
Cancellations
If photo session is cancelled or postponed upon arrival to the property there is a $50 waisted trip charge.
If photo session is cancelled indefinitely but before we arrive to the property all moneys are refundable minus the credit card processing fees. You may choose to keep the money in your site account for the next photo session to avoid loosing credit card fee.
If photo session is cancelled indefinitely but before we arrive to the property all moneys are refundable minus the credit card processing fees. You may choose to keep the money in your site account for the next photo session to avoid loosing credit card fee.
Copyright Notice
All photos and rights relating to them, including copyright and ownership rights in the media in which the photos are stored, remain the sole and exclusive property of Svetlana Leahy Photography. Photographer may choose to relicense photos to others for equal or higher fee. If you wish to purchase exclusive rights to photos please inquire. Exclusive rights may not be available for community amenities, building exteriors and stock photos.
Terms of Use
PLEASE READ CAREFULLY!
Terms and Conditions
Copyright: All photos and rights relating to them, including copyright and ownership rights in the media in which the photos are stored, remain the sole and exclusive property of Svetlana Leahy Photography (referred below as Photographer). This license provides the client with the limited right to reproduce, publicly display, and distribute the photos only for promotional or advertising purposes directly related to the sale or rent of the property. Photo use for any purpose not directly related to the sale or rent of the property is prohibited. Photo use must be with the express permission of the photographer and the payment of additional fees, unless otherwise agreed to in writing. Any usage of the images by a third party, including but not limited to, architects, builders, stagers, designers, sellers or buyers, is strictly prohibited unless approved in writing by the photographer.
Photos may be uploaded to MLS listing service solely for promotion of the property photographed and only for the duration of the listing agreement between photographers client and home owner, if photos are used to advertise property for rent then owner of the property may use photos for the duration of the ownership of the property. When photographers client no longer has a listing agreementfor the proiperty , the photographer may choose to relicense photos to another realtor. Photographer may choose to relicense photos to a new homeowner for the purpose of advertising property for rent. 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. Photos may contain copyright management information (CMI) at the discretion of the Photographer 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 the Photographer for any penalties and awards available under the statute.
Unless otherwise specifically provided elsewhere in this agreement or other signed agreement between the parties, any grant of rights is limited to a term of either one (1) year from the date of this Agreement, or (2) at the termination of Client's representation of the Property, whichever occurs first. Further use of images beyond one (1) year requires Photographer's permission and additional fees. Rights are assigned to the Client immediately upon delivery of the Photos and payment in full.
Exclusive rights to use the images are subject to higher licensing fees. Transfer of ownership to the photographic material is not available. Personal use (noncommercial) license to photographic material is available upon request.
PROPERTY MUST BE 100% PHOT. If you do not already have our Prep list of suggestions, please find it here . Ideal schedule - Photos are taken between 9 am and 3 pm Monday - Friday. Time between 3pm - 5 pm is reserved for photo processing. No appointments (except for twilight session) are available at or after 3 pm. Photos are ready within 35-48 hours Monday - Friday during pick listing season. Due to high volume of work during pick/busy listing season no photo processing is available on Saturdays and Sundays, except for true emergencies.
Inclement weather - for personal safety reasons we do not photograph during hurricanes, Nor-Easters, tornado watches and cloud to ground lightning situations. In all other instances we will contact you in advance to discuss with you whether to postpone the photo session or not. Sky replacement is available for photos taken on cloudy days at no additional charge for 10 photos or less. Photoshopping of heavy puddles on decks, balconies and driveways is not available. Photoshopping - Depending on the difficulty of the photo/photos, editing fee may apply.
Relationship of the Parties: The parties agree that Photographer is an independent contractor, and that neither Photographer, nor Photographer'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 or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Photos or any other deliverables prepared by Photographer shall not be deemed as work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this
Agreement.
Creation: The Client is responsible for the presence of an authorized representative at the shoot to approve the Photographer's interpretation of the project. If a Client or Brokerage representative is not present, the Photographer's interpretation shall be deemed acceptable. Photographer will use his/her best efforts to: (a) ensure that the Photos conform to Client's specifications; and (b) submit all Photos to Client in publishable quality, on or before the applicable deadlines.
Delivery: All photos are delivered in JPEJ format and in high and low resolutions. It is the Client's responsibility to verify that the Photos are suitable for reproduction and that if the Photos are not deemed suitable, to notify the Photographer within five (5) business days. Photographer's sole obligation will be to replace the Photos at a suitable resolution but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages.
Unless otherwise specifically provided, Photographer is not responsible to provide images 1) larger than 8x10 at 300 dpi or 2) in a format higher than 8-bit or in RAW format. Photographer has no obligation to retain or archive any Photos delivered to Client.
Payment is due within 7 (seven) business days from the delivery of the Photos and payable irrespective of whether Client makes actual use of the Photos. If full payment has not been received, all rights are revoked at Photographer's discretion. In the event rights are revoked, all images in the possession of Client will be removed from all forms of media and permanently destroyed within ten (10) days. Client shall provide Photographer with written statement that all images have been removed.
Prices are subject to change without notice.
No Exclusivity: This Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Photographer, and Photographer shall be entitled to offer and provide photographic services to others, solicit other clients and otherwise advertise the services offered by Photographer.
Transfer and Assignment: Client may not assign or transfer this agreement, or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties. However, the invoice may reflect, and Client is bound by authorizations that could not be confirmed in writing because of insufficient time or other practical considerations.
Indemnification: 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 Photos or materials furnished by Client. It is the Client's responsibility to obtain the necessary model or property releases and ensure they are in full effect and in force. Client will not hold Photographer or the owner of the property liable for any injury that may occur during the session.
Damage Liability: Client is responsible for any damages to the photographer's equipment occurred by accidents with the client presented during the photo shoot. Photographer and employees are not responsible for any damages to the property or any items located at the property during the photo shoot.
General Law/Arbitration: This Agreement sets forth the entire understanding and agreement of the parties and supersedes any and all prior agreements between the parties. This Agreement shall be governed and interpreted and enforced in accordance with the laws of the State of MD. Any claim or litigation arising out of this Agreement or its performance may be maintained only in courts physically located in Worcester or Wicomico County, MD, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys fees incurred in the litigation. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties.
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.
Terms and Conditions
Copyright: All photos and rights relating to them, including copyright and ownership rights in the media in which the photos are stored, remain the sole and exclusive property of Svetlana Leahy Photography (referred below as Photographer). This license provides the client with the limited right to reproduce, publicly display, and distribute the photos only for promotional or advertising purposes directly related to the sale or rent of the property. Photo use for any purpose not directly related to the sale or rent of the property is prohibited. Photo use must be with the express permission of the photographer and the payment of additional fees, unless otherwise agreed to in writing. Any usage of the images by a third party, including but not limited to, architects, builders, stagers, designers, sellers or buyers, is strictly prohibited unless approved in writing by the photographer.
Photos may be uploaded to MLS listing service solely for promotion of the property photographed and only for the duration of the listing agreement between photographers client and home owner, if photos are used to advertise property for rent then owner of the property may use photos for the duration of the ownership of the property. When photographers client no longer has a listing agreementfor the proiperty , the photographer may choose to relicense photos to another realtor. Photographer may choose to relicense photos to a new homeowner for the purpose of advertising property for rent. 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. Photos may contain copyright management information (CMI) at the discretion of the Photographer 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 the Photographer for any penalties and awards available under the statute.
Unless otherwise specifically provided elsewhere in this agreement or other signed agreement between the parties, any grant of rights is limited to a term of either one (1) year from the date of this Agreement, or (2) at the termination of Client's representation of the Property, whichever occurs first. Further use of images beyond one (1) year requires Photographer's permission and additional fees. Rights are assigned to the Client immediately upon delivery of the Photos and payment in full.
Exclusive rights to use the images are subject to higher licensing fees. Transfer of ownership to the photographic material is not available. Personal use (noncommercial) license to photographic material is available upon request.
PROPERTY MUST BE 100% PHOT. If you do not already have our Prep list of suggestions, please find it here . Ideal schedule - Photos are taken between 9 am and 3 pm Monday - Friday. Time between 3pm - 5 pm is reserved for photo processing. No appointments (except for twilight session) are available at or after 3 pm. Photos are ready within 35-48 hours Monday - Friday during pick listing season. Due to high volume of work during pick/busy listing season no photo processing is available on Saturdays and Sundays, except for true emergencies.
Inclement weather - for personal safety reasons we do not photograph during hurricanes, Nor-Easters, tornado watches and cloud to ground lightning situations. In all other instances we will contact you in advance to discuss with you whether to postpone the photo session or not. Sky replacement is available for photos taken on cloudy days at no additional charge for 10 photos or less. Photoshopping of heavy puddles on decks, balconies and driveways is not available. Photoshopping - Depending on the difficulty of the photo/photos, editing fee may apply.
Relationship of the Parties: The parties agree that Photographer is an independent contractor, and that neither Photographer, nor Photographer'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 or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Photos or any other deliverables prepared by Photographer shall not be deemed as work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this
Agreement.
Creation: The Client is responsible for the presence of an authorized representative at the shoot to approve the Photographer's interpretation of the project. If a Client or Brokerage representative is not present, the Photographer's interpretation shall be deemed acceptable. Photographer will use his/her best efforts to: (a) ensure that the Photos conform to Client's specifications; and (b) submit all Photos to Client in publishable quality, on or before the applicable deadlines.
Delivery: All photos are delivered in JPEJ format and in high and low resolutions. It is the Client's responsibility to verify that the Photos are suitable for reproduction and that if the Photos are not deemed suitable, to notify the Photographer within five (5) business days. Photographer's sole obligation will be to replace the Photos at a suitable resolution but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages.
Unless otherwise specifically provided, Photographer is not responsible to provide images 1) larger than 8x10 at 300 dpi or 2) in a format higher than 8-bit or in RAW format. Photographer has no obligation to retain or archive any Photos delivered to Client.
Payment is due within 7 (seven) business days from the delivery of the Photos and payable irrespective of whether Client makes actual use of the Photos. If full payment has not been received, all rights are revoked at Photographer's discretion. In the event rights are revoked, all images in the possession of Client will be removed from all forms of media and permanently destroyed within ten (10) days. Client shall provide Photographer with written statement that all images have been removed.
Prices are subject to change without notice.
No Exclusivity: This Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Photographer, and Photographer shall be entitled to offer and provide photographic services to others, solicit other clients and otherwise advertise the services offered by Photographer.
Transfer and Assignment: Client may not assign or transfer this agreement, or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties. However, the invoice may reflect, and Client is bound by authorizations that could not be confirmed in writing because of insufficient time or other practical considerations.
Indemnification: 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 Photos or materials furnished by Client. It is the Client's responsibility to obtain the necessary model or property releases and ensure they are in full effect and in force. Client will not hold Photographer or the owner of the property liable for any injury that may occur during the session.
Damage Liability: Client is responsible for any damages to the photographer's equipment occurred by accidents with the client presented during the photo shoot. Photographer and employees are not responsible for any damages to the property or any items located at the property during the photo shoot.
General Law/Arbitration: This Agreement sets forth the entire understanding and agreement of the parties and supersedes any and all prior agreements between the parties. This Agreement shall be governed and interpreted and enforced in accordance with the laws of the State of MD. Any claim or litigation arising out of this Agreement or its performance may be maintained only in courts physically located in Worcester or Wicomico County, MD, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys fees incurred in the litigation. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties.
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.
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