Copyright Notice: DLR Photography (the Photographer) is the exclusive copyright holder of any photos, videos, or other media created and protected by United States Copyright Law and other applicable laws. No title, copyright, or intellectual property rights in the photos, videos, or other media created are transferred with this license. Full rights and copyright, including but not limited to self-promotion usage, remain with DLR Photography, without exception. This is not a work-for-hire agreement.
Photo Rights and Usage of the Photography:
REAL ESTATE LICENSING
The original Agent/Homeowner/Brokerage (“Licensee”) who paid for the service will be provided with an individual, non-transferable and non-exclusive right to use the provided images and any media created for REAL ESTATE use only during the duration of the property listing. This licensing agreement grants the licensee the right to use the images on any electronic or printed form of advertisement for the promotion of the property and cannot be reused without specific written permission from DLR Photography. The Client, however, may continue to use the photos for personal marketing and branding (personal website and electronic advertisements) as a courtesy from DLR Photography. However, DLR Photography must be made aware, credited, and compensated for any printed publication not owned by the Client prior to use (i.e. Print/Online Magazine, Commercial, Real Estate Website, etc.).
Any usage of any media by a third party including, but not limited to, architects, builders, stagers, designers, sellers, buyers, Agents, or Brokerages are strictly prohibited unless prior written approval is given by DLR Photography. The original Client does not have the authorization to sell, transfer, or give away any media for any reason to any third party without prior written consent from DLR Photography. This includes Agents or Brokerages that take over an expired, withdrawn, or canceled real listing. Any violation of this will result in compensatory damages five times the current prices listed on this site at the time of infringement. There shall be no agreements made between the original listing Agent and the new one regarding media created by DLR Photography for a canceled, expired, or sold listing. Only Agents and/or Clients that obtain a non-exclusive licensing agreement with DLR Photography are allowed to use any media created. You may not resell, sub-license, give, lend, sub-let, or distribute the whole or part of an image, whatever its size and resolution. You may not reproduce, resell or redistribute images or any media created for commercial purposes or for marketing use with another selling agent, management company, or marketing company.
The Client may not make any digital alterations or edits to any media without written permission from DLR Photography. Please contact DLR Photography to make any changes to the delivered media. Any services that include editing or any requests to edit images or any other media, which may mislead or deceive consumers in any way, is the Client's responsibility and DLR Photography cannot be held responsible. This includes, but is not limited to, Sky Replacements, Virtual Twilights, or Grass Greening.
SHORT-TERM RENTAL/VACATION RENTAL LICENSING
This license grants the Client (“Licensee”) an individual, non-transferable and non-exclusive right to use the images or any media created for SHORT TERM RENTAL/VACATION RENTAL use only during the duration of the property listing by the invoiced owner. You may not sell, rent, lease, or sublicense the photos to any other companies or entities not mentioned in this license agreement. The images and any other media created may also be used by the client's management company for the sole purpose of marketing the specific property photographed for the duration of the listing, and must NOT be distributed to a third party without permission. The Client may not make any digital alterations or edits to any media without written permission from DLR Photography. Please contact DLR Photography to make any changes to the delivered media. You may not resell, sub-license, give, lend, sub-let, or distribute the whole or part of an image, whatever its size and resolution. You may not reproduce, resell or redistribute the images and any media created for commercial purposes or for marketing use with another selling agent, management company or marketing company. Any violation of this will result in compensatory damages five times the current prices listed on this site at the time of infringement.
"Community shots" such as a clubhouse, fitness center, golf course, community signs, etc., may be used for all future properties' listings for the original Client. DLR Photography retains all rights to all media and retains the right to use these images as “stock images." If you request us to shoot property amenities, it is your responsibility to make sure they are available to do so during your scheduled appointment. There will be a return/re-shoot fee of $50 if the Photographer has to return to a property in which it is no fault of our own.
Expectations of Clients: Clients are expected to have the property cleaned and staged prior to the photoshoot. If the property is not ready to be photographed, the Client should make every effort to reschedule 24 hours prior to the shoot. DLR Photography is not responsible for staging, cleaning, de-cluttering, or landscaping. At the discretion of DLR Photography, I will help with light staging, cleaning, or de-cluttering, but will not be guaranteed. 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 Client's representative is not present, the Photographer’s interpretation shall be deemed acceptable. All properties will be shot “As Is.” Your input is important when choosing the best rooms and angles to photograph. Absent your input, the Photographer will use his/her best judgment and experience to decide how best to photograph the property.
Cancellation and Rescheduling Policy: The Cancelation Policy refers to canceling more than 2-hours prior to a scheduled appointment and rescheduling for the same address. If both of these criteria are not met, you are subject to a $50 cancelation fee. Any shoot canceled within 2 hours of a booked appointment is subject to a $50 cancelation fee. By scheduling a shoot, you affirm that the property is ready or will be ready for photos to be taken at the scheduled time. You also understand that we may charge a $50 service fee if we must return to a property in which it is no fault of our own. This includes, but is not limited to, property not ready, staging incomplete, construction, and/or the agent not present, owner not home, no key in the lockbox, etc. This includes partial photo shoots where the exterior may not be ready or certain rooms are incomplete and the Photographer is required to return. When there is extreme weather, the $50 fee may be waived; however, the weather should be evaluated several days prior to the shoot and therefore the Client is still responsible for the rescheduling fee if rescheduled within 2 hours of a set appointment.
Rush Policy: A request for photos to be completed and delivered within 12 hours from the time of shoot is also subject to a $50 rush fee.
Photo Guarantee: DLR Photography will make every effort to ensure the final images, videos, and other media are of high quality and represent the property in the best way possible. Sometimes, however, a Client may feel these images do not meet those expectations. In this case, DLR Photography will work closely with the Client to correct the issues with the media. A reasonable amount of re-editing will be performed at no additional cost. If a return trip is requested due to issues in the media regarding de-cluttering, re-staging, additional photos not specifically requested prior to/at the shoot, or other aspects that are not directly the fault of DLR Photography, there will be a return/re-shoot fee of $50 plus $10 per additional photo requested and will be charged to the Client, unless it is the direct responsibility of the Photographer wherein there will be no charge (i.e. missing specific shot requested prior to shoot, unusable photo due to lack of quality, etc.) Should the Client still be not fully satisfied with the photos, DLR Photography will issue a full refund to the Client, if requested, within seven (7) days of delivery, as long as the listing is not under contract. If a full refund is issued, however, the Client will have no licensing rights to the media and will delete and discontinue the use of any of the photos taken. The Client understands that DLR Photography may and will take legal action for any copyright infringement.
Delivery of Photos and Storage: For most standard shoots, DLR Photography has a 24-48 hour or less turnaround time, but some photo shoots of larger properties or with extensive editing/special requests, such as luxury or twilight photos may take up to 48 hours. Virtual Tour services may take up to 72 hours. DLR Photography will also maintain a photo backup and provide access to the final images for up to 120 days after the photos are delivered to the Client via download link. After 120 days, DLR Photography cannot guarantee the photos will be available. It is highly recommended to download the photos immediately after receiving the final download link as this will ensure no future issues.
Right to Refuse: DLR Photography reserves the right to refuse service at any time for any reason. At any time, DLR Photography can terminate the relationship with or fire a Client for overdue invoices, poor communication, unreasonable requests, or bad attitudes.
Aerial/Drone Services: All drone services are regulated by the FAA (Federal Aviation Administration) and must follow all rules and regulations. All Aerial/Drone services are contingent upon getting the proper clearance prior to flight. Although rare, there may be a delay of up to 90 days in getting this clearance, prior to Aerial/Drone services being done. DLR Photography will take all necessary steps to get authorization prior to the scheduled appointment but make no guarantee that this clearance will be granted. No clearance means Aerial/Drone operations will not be conducted. Period. Wind and weather conditions also play a major factor in drone operations. DLR Photography holds the exclusive right to determine whether wind and/or weather conditions provide safe flight conditions for drone operations. DLR Photography offers no guarantee that drone operations can be provided at any given time. Rescheduling may occur. Any Aerial/Drone services that are not conducted due to issues with authorization, wind, or weather will be fully refunded or removed from final invoice.
Payments: All payments made will be processed using Stripe. Payment is expected at the time of delivery for any media to the Client unless other arrangements have been made prior to appointment. In some cases, payment may be required before appointments will be scheduled (may affect new Clients or those with a history of outstanding invoices). Failure to pay within seven (7) days of agreed upon due date will result in a 2% fee of the total that will be assessed every day until the invoice is paid in full. Failure to pay an invoice past due of 30 days or more will result in copyright infringement and will result in legal action. Any services that have been provided at the listing property must be paid for regardless of listing becoming expired, withdrawn, canceled, or under contract.
By booking any services with DLR Photography you are agreeing to be bound by these terms and conditions. You are also acknowledging that such an agreement constitutes a binding contract between you and DLR Photography.
***ALL TERMS & CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE***