TERMS AND CONDITIONS
Please take a moment to read the policies set forth by New Listing Media. By hiring New Listing Media, you are agreeing to these terms and conditions.
LICENSING AND RIGHTS
Under current copyright laws, ownership of all photos belongs entirely to DJJB LLC dba New Listing Media (“PHOTOGRAPHER/VIDEOGRAPHER”). The Photographer/Videographer retains all rights to photos unless otherwise agreed upon in writing, and only licenses the use of the images and media to the Client for marketing purposes.
Possible Uses for a Standard License:
- Uploading to the MLS for the purpose of marketing a property for sale (please note that syndication to multiple websites is permitted, but ownership of the photos does not transfer)
- In-house brochures or mailing pieces promoting your personal real estate brand
- Social media promotions for your personal real estate brand
- Use in portfolios, office displays, digital powerpoint presentations, annual reports, and trade show prints
- Submittal to design competitions and public relations releases
- Submittal to editors and publishers for review
- Use on the internet including personal or client website or social media
- Images, in digital form, may be stored and printed for in-house project sheets, proposals, and other short-run projects
- *Editorial, newspapers, special interest magazines, etc.
*Editorial usage requires photo/video credit in this format: New Listing Media
Exclusions (contact us for additional pricing):
· Billboards (including vehicle wraps)
· Widely Circulated Magazines (over 300k)
· Company promotional work not marketing the sale of the home (ex – Company wide Facebook banners, photo or video ads, etc.)
PERIOD OF USE
The standard license permits the use of images and media for up to one year. An extended license may be purchased for use that goes beyond this time frame.
The Photographer/Videographer reserves the right to issue a separate license to additional parties for an additional fee determined by the Photographer. If exclusive use of the photos is required, please notify the Photographer/Videographer.
If you receive a request to use the photos by a third party please direct them to us for pricing and the issuing of a separate license. Any use of the images by a third party, including but not limited to, architects, builders, stagers, designers, sellers or buyers, is strictly prohibited.
RELATIONSHIP OF THE PARTIES
The Photographer/Videographer is an independent contractor, and shall not be deemed to be an employee of the Client. No agency, partnership, joint venture, or employee-employer relationship is intended or implied by this agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this agreement. The Photographer and the photos or any other deliverables prepared by the Photographer/Videographer shall not be deemed a ‘work for hire’ as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this agreement.
AT THE SHOOT
Your input is important when choosing what to photograph or capture with video. If you or an authorized representative cannot be at the shoot, the Photographer/Videographer will use his or her best judgment and experience to decide how best to photograph the property, and this shall be deemed acceptable by the Client. Properties should be properly staged and cleaned before the Photographer/Videographer arrives.
AFTER THE SHOOT
NLM maintains complete creative oversight for all post production (ex – music selection, editing style, shot choice, etc.). To maintain low prices, we do not include revisions in our standard pricing. Unless previously agreed upon in writing, we will not re edit a final video unless there is an error in the titles or a render error. All re editing requests still made outside of our standard agreement will be billed at our normal rate of $125/hr.
All agreed upon fees and expenses are due at the time the photos are delivered. New Listing Media reserves the right to cancel, postpone, or refuse to schedule subsequent photo shoots until the account is made current.
We have no added travel charges for listings within 30 miles of travel from our offices in Holland. For listings outside of that range, we charge a $25 base + $1/mi extra. Ex – Listing is 54 miles one way from our office, you would have an added travel charge of $59.
Please notify the Photographer/Videographer within 24 hours if you will need to cancel the shoot. The full shoot amount will be assessed if the Photographer/Videographer arrives at the property to find the shoot is canceled (including denied access to the property and the property not being ready for photos). There will be no fee assessed for rescheduling due to bad weather.
The Photographer/Videographer also reserves the right to cancel any appointment for any reason. This could be due to family emergency, sickness, adverse weather, unsafe conditions, or local/national emergency. The Photographer/Videographer will work with the agent to reschedule the appointment, but will not charge the client for any appointment that has to be cancelled.