Scope of this Agreement
This Agreement applies to any photograph, graphics, digital assets, or digital images created or taken by We Shoot Listings. 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 We Shoot Listings. This license provides the Client with the limited permission to reproduce, publicly display, and distribute the Photos only for promotional or advertising purposes directly related to the sale of the scheduled property and the promotion of the agent.
Photos used for any purpose not directly related to the sale of the property or the promotion of the agent must be with the express permission of We Shoot Listings and the payment of additional fees. Photos may be uploaded to any MLS listing service solely for promotion of the Property during the pendency of this Agreement.
Regardless of any terms and conditions of the MLS, this Agreement does not 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 We Shoot Listings in the form of:
- A copyright notice ©, and/or
- Other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed 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 to We Shoot Listings for any penalties and awards available under the statute.
License Term
Unless otherwise specifically provided elsewhere in this document or another signed agreement between the parties, any grant of license is limited to:
- A term of one (1) year from the date of this Agreement, or
- The termination of the Client’s representation of the Property, whichever occurs first.
Further use of images requires We Shoot Listings’ permission and additional fees. Licenses are assigned to the Client immediately upon delivery of the Photos.
Relationship of the Parties
The parties agree that We Shoot Listings is an independent contractor, and neither its employees nor contract personnel shall be deemed employees of the Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
All rights granted to the Client are contractual in nature and are expressly defined by this Agreement.
Creation
The manner and method of creating any Photographs are solely at the discretion of We Shoot Listings, and the Client has no right to control how We Shoot Listings performs under this Agreement. We Shoot Listings will use its best efforts to ensure the Photos conform to the Client’s specifications.
Delivery
We Shoot Listings may select delivery of photographs in JPEG format at a resolution deemed suitable for the licensed use. The Client is responsible for verifying the suitability of the photos for reproduction and notifying We Shoot Listings within five (5) business days if they are not suitable.
We Shoot Listings’ sole obligation will be to replace the photos at a suitable resolution. We Shoot Listings will not be liable for poor reproduction quality, delays, or consequential damages.
We Shoot Listings has no obligation to retain or archive any Photos delivered to the Client.
Fees
All fees and expenses payable under this Agreement are due no later than ten (10) business days from the delivery of the Photos, irrespective of whether the Client uses them.
- If full payment is not received within thirty (30) days, all rights and permissions are revoked.
- Rights are reinstated only after payment and at We Shoot Listings’ discretion.
Late payments will incur a 5% finance charge for every thirty (30) days past the due date.
Cancellation
If the Client cancels this Agreement within 12 hours of the appointment, We Shoot Listings reserves the right to charge the Client a cancellation fee of $75.
No Exclusivity
This Agreement does not create an exclusive relationship between the parties. Both parties are free to engage in other business activities, including providing services to other clients.
Transfer and Assignment
The Client may not assign or transfer this Agreement or any rights granted under it. Photos cannot be given, shared, sold, or otherwise provided to parties not included in this Agreement without prior written approval.
Indemnification
The Client will indemnify and defend We Shoot Listings against all claims, liabilities, damages, costs, and expenses arising from the creation or use of the Photos.
General Law and Arbitration
This Agreement shall be governed by the laws of the State of North Carolina. Any litigation arising from this Agreement must be filed in courts located in Guilford County, North Carolina.
Severability
If any part of this Agreement is found invalid or unenforceable, the remaining provisions will continue in full effect.
Waiver
No waiver of any provision or rights under this Agreement shall occur unless explicitly agreed in writing.
This Terms of Service Agreement is binding upon agreement to the terms and conditions during the scheduling process.