Real Estate Photography Usage Rights, Terms and Conditions
Generals Terms & Conditions
Property Condition and Photo-Readiness
Appointments are typically booked “back-to-back,” and preparation prior to the photographer’s arrival will ensure you get the most photographs taken during your appointment time. It is your responsibility to ensure the property is in photo ready condition prior to the photographer arriving. The photographer may make minor adjustments to improve the shot, but they cannot move furniture or make significant changes, clean the home, etc.
Please ensure that there are no hazards to the photographer’s safety and that pets are confined out of view. The photographer will not retouch images to disguise known defects and/or physical structures such as wall/floor blemishes, driveway/drywall cracks, power lines, etc.
As a courtesy, you may download Belletti Photography’s Pre-shoot Checklist to help you prepare for your real estate shoot.
In the event of unfavorable weather on the day of the shoot, you may opt to reschedule for the next available opening or proceed regardless of weather conditions. Please understand that your photos will reflect the weather conditions at the time of the shoot. If weather conditions are too severe for sensitive camera equipment (heavy rain, high winds, etc), the photographer may, at their sole discretion, reschedule your shoot for the next available appointment time.
Appointments may be booked by contacting Belletti Photography, but the Online Appointment system offers the most up-to-date photographer availability and is very easy to use.
If you are unable to keep your scheduled appointment, please give at least 24 hours notice for rescheduling. Cancellations or rescheduled appointments (other than those due to unforeseen weather conditions) with less than 24 hours may be subject to a $50 cancellation fee.
Payment is due upon image delivery, typically within 24 hours of your shoot. Payments may be made securely online, or by check/cash on the day of the shoot. Failure to make payments voids any license granted and constitutes copyright infringement.
As the author of all photographs made pursuant to this Agreement and as provided by law, Belletti Photography retains the copyright in and to the photographs. The parties agree that the photographs are not works made for hire in accordance with 17 U.S.C § 101, and that Belletti Photography retains those exclusive rights in the photographs provided by 17 U.S.C § 106, including the rights to reproduce the copyrighted work, prepare derivative works based on the copyrighted work, distribute copies of the copyrighted work to the public, and display the work.
The commissioning real estate broker/agent (CLIENT) hereby grants to Belletti Photography the irrevocable and unrestricted right to use and publish photographs produced in the provision of services for the CLIENT, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases Belletti Photography from all claims and liability to Client relating to said photographs.
Usage Rights for Real Estate Sale & Marketing Purposes
The CLIENT is granted a license to use property images, for which they have paid, for the promotion of that property while CLIENT manages the listing. License expires once property has Sold, Expired or is Withdrawn. Images must not be edited/altered by anyone other than Belletti Photography with the exception of minor cropping and/or resizing only.
CLIENT may NOT give or sell images to anyone. This includes the property owner, other broker/agent/Realtor, builder, architect, stager or any other 3rd party. Belletti Photography recognizes that CLIENT does not control how images are shared by the local MLS systems and syndicated to other property listing sites (Zillow, Trulia, et al.) and CLIENT is not liable for such use beyond license expiration. Disregarding these terms will result in copyright infringement/violation and may result in legal action.
Usage Rights for Builders, Designers, Architects, Property Managers, and others
Licensing terms for commercial clients or other photography projects are defined in the contract for each particular project. Please contact Belletti Photography if you have any questions.