Photography Agreement for Real Estate Professionals
Mountain Home Photo, Photography Agreement for Real Estate Professionals
Upon full payment, Mountain Home Photo (MHP) grants licensing to the client(s) named below to use the photography for marketing purposes directly related to the property photographed by MHP. This includes the rights to publish the images in magazines, brochures, websites, MLS, print media, social media or other promotional material – essentially anything directly related to marketing the property in affiliation with the client or below named licensee(s).
To be eligible to receive our discounted rate for real estate professionals, payment must be made by the real estate professional (i.e. payment may not be made by the property owner). If the property owner is paying for the photography, our standard non-discounted rates apply and the property owner will then receive licensing to the photography. Who pays for the photography is an important distinction for MHP and should be for the real estate professional as well. If the real estate professional pays for the photography, they are eligible for MHP’s discounted rate and they have more control over who is allowed to use the photography (i.e. they may choose to disallow other real estate professionals or property rental companies from using the photography). If the property owner pays for the photography (standard non-discounted rates apply), photography may be used at the discretion of the property owner (i.e. other real estate professionals and property rental companies may be entitled to use that photography, or whomever the property owner chooses to do business with).
It is our goal to allow the below named entities to use the photography to help them market themselves, their property, or their business. We whole heartedly support those efforts and do not wish to hinder those efforts in any manner. What we want to avoid is allowing someone who has not paid a licensing fee to MHP to use the photography for their own personal or commercial gain.
The person or company that commissions the photography and pays MHP for the photography is considered the Primary Client unless otherwise noted. MHP takes direction from the Primary Client, not additional licensees, or other parties.
MHP retains the copyright to all photography. Images may not be given or sold by the licensee(s) to any third party for commercial use by the third party without expressed written consent from MHP. In the event that images are released by the client(s) to a third party (i.e. real estate brokers, builders, architects, interior designers, etc...) the client(s) will be liable for additional fair market value charges stemming from the use of copyrighted photography plus 50%. We have tailored our rates for each licensee. Additional licenses require additional licensing fees.
Payment for photography services by the client does not imply ownership or copyright of the photography. Copyright and ownership remains solely with MHP in perpetuity.
Giving, selling, or otherwise releasing the photography to any other commercial entity not named below on this contract for the purpose of allowing that entity to use the photography for their own commercial gain is specifically not permitted. If another entity wishes to use the photography for their own commercial gain, they must obtain a license from MHP.
The photo credit “Michael Brands (or other staff photographer) / Mountain Home Photo” shall accompany all photography when used in magazines, websites, or print media when possible. For in house publications, photo credit is strongly requested space permitting.
Payment is due within 30 days of receipt and may be subject to a 3% monthly late fee.
Though MHP keeps a digital archive of photography, MHP cannot be held liable for lost or damaged digital files once they have been delivered to the Primary Client. Once photography or high-resolution images have been delivered it is the responsibility of the client to store them in a digital archive in a retrievable manner. MHP may charge $45 to re-deliver lost digital files.
The Primary Client may receive significant cost savings in the form of a rebate (up to, but not to exceed, the full cost of photography) by allowing MHP to re-license the photography to other entities such as architects, builders, interior designers, etc. If the other entity is deemed a 'competing entity of the Primary Client' by MHP, MHP will seek permission from the Primary Client and will not release any images without the expressed permission of the Primary Client. There is no obligation by the Primary Client to grant permission. MHP reserves the right to license images to entities MHP deems 'non-competing entities to the Primary Client', at any time but MHP will attempt to seek the Primary Client’s permission. In the event photography is successfully re-licensed to a third party, MHP will rebate the Primary Client 25% of the licensing fee collected from the new licensee. If the Primary Client elects not to accept the rebate as a courtesy to the new licensee, MHP will extend the rebate amount as a licensing discount to the new licensee. MHP will be sure to let them know that the discount is extended as a courtesy of the Primary Client.
MHP reserves the right to re-license photography to non-competing entities at any time and will rebate the Primary Client 25% of collected licensing fees, up to the full amount the Primary Client paid for the photography.*
* This does not apply to entities that purchase licensing to existing photography commissioned and paid for by the Primary Client. In these cases, it is the client that commissioned the photography (Primarly Client) that will receive the rebate.