By engaging the services of Pro Realty Photography, you certify that you have read and agree to the following Terms and Conditions.

This Agreement governs the relationship between the parties, and in no event shall any e-mail communication or other exchange amend or otherwise modify the terms of this Agreement unless agreed to in writing.

Rights: 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 the 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 rental of the property. Photos used for any purpose not directly related to the sale or rental of the property must be with the express permission of the photographer and the payment of additional fees, unless otherwise agreed to in writing.

Photos may be uploaded to any MLS listing service solely for promotion of the property during the pendency of this agreement. However, regardless of any terms and conditions of the MLS, at no time does this agreement provide the 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 a violation of the Digital Millennium Copyright Act (DMCA), and the client will be responsible for any penalties and awards available under the statute. The client is responsible for ensuring that the photos are removed from MLS databases at the expiration of this agreement.

Payment: Payment is due in full at the time of booking or at a time agreed upon by the photographer. Payment indicates acceptance of and agreement to all terms and conditions outlined here. Usage rights will not be granted until full payment is received.

Relationship of the Parties: The parties agree that the photographer is an independent contractor and that neither the photographer nor Photographer’s e’s employees or contract personnel are, or shall be deemed to be, employees of the client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this agreement. Neither party is authorized to act as an agent or bind the other party except as expressly stated in this agreement. The photographer and the photos, or any other deliverable prepared by the photographer, shall not be deemed work for hire as defined under copyright law. All rights granted to the client are contractual in nature and are expressly defined by this agreement.

Delivery: The photographer may select delivery of photographs in JPG, TIFF, PNG, or other standard format at a resolution that the photographer determines will be suitable for the photos as licensed. It is the client’s responsibility to notify the photographer if the photos are to be delivered at a specific resolution. The photographer has no obligation to retain or archive any photos delivered to the client.

Changes and Cancellations: Shoot dates or times may be changed or canceled without penalty up to twenty-four (24) hours before the scheduled shoot time. Changes or cancellations less than 24 hours prior to shoot time will incur a $75.00 change or cancellation fee. Changes to the content of a shoot (e.g., addition of features) may require rescheduling and will incur additional fees. It is the primary shoot contact’s responsibility to monitor the weather, the readiness of the property, and/or any other factors that may affect Pro Realty Photography’s ability to complete the shoot. It is the responsibility of the client to make sure the property is camera-ready.

No Exclusivity: This agreement does not create an exclusive relationship between the parties. The client is free to engage others to perform services of the same or similar nature as those provided by the photographer, and the photographer shall be entitled to offer and provide design services to others, solicit other clients, and otherwise advertise the services offered by the photographer.

Transfer and Assignment: The 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 this, and the client is bound by authorizations that cannot be confirmed in writing because of insufficient time or other practical considerations.

Indemnification: The client will indemnify and defend the photographer against all claims, liabilities, 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 the client. It is the client’s responsibility to obtain the necessary model or property releases to ensure they are in full effect and in force.

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, interpreted, and enforced in accordance with the laws of the State of California. Any claim or litigation arising out of this agreement or its performance may be maintained only in courts physically located in Madera County, California, 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 an 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 remedies.