This AGREEMENT contains the entire understanding between Pierre Galant Photography ( “WE”, “PIERRE GALANT PHOTOGRAPHY”, the "PHOTOGRAPHER")  and {client10} (“YOU”, the “LICENSEE”, the "CLIENT") for commercial photography services for Real Estate; it supersedes all prior and simultaneous agreements.

1- PARTY RELATIONSHIPS: The CLIENT represents that they are acting as the agent of the Property Owners under a California Residential or Commercial Listing Agreement. The CLIENT is not PIERRE GALANT PHOTOGRAPHY’s agent and cannot make agreements for PIERRE GALANT PHOTOGRAPHY. PIERRE GALANT PHOTOGRAPHY is an independent contractor and not the CLIENT’s employee. Nothing in this Agreement shall be construed to create a partnership, or joint venture, or employment relationship between the CLIENT and PHOTOGRAPHER.

2- APPOINTMENT SETTING: Appointments are booked on a first-confirmed basis subject to the PHOTOGRAPHER's availability. For an appointment to be confirmed, the CLIENT must provide PIERRE GALANT PHOTOGRAPHY with the address of the property and the date and time of the requested photoshoot, at least a 7 days prior to the requested date.

3- PHOTO-READINESS: All properties should be photo-ready prior to the PHOTOGRAPHER’s arrival. The PHOTOGRAPHER will not provide any staging, decorating or styling services.  The PHOTOGRAPHER does not move furniture or personal items. It is the CLIENT's responsibility to ensure that the home is ready for the shoot. If the owners are disorganized, or if the home is tenant-occupied, PIERRE GALANT PHOTOGRAPHY strongly recommends that the CLIENT hire a professional home cleaner and/or a stager. All home repairs should be completed. If the PHOTOGRAPHER has to work around workers, the CLIENT understands and agrees that this will result in fewer images being produced and/or a higher final price if the session goes longer than the allotted time for the session. The CLIENT agrees to arrive early to ensure the home is exactly how you want it before the PHOTOGRAPHER’s arrival. PIERRE GALANT PHOTOGRAPHY is not responsible for factors related to the physical appearance of the property.  Factors related to the physical appearance of the property include dirty windows, unmade beds, dirty dishes, soap bottles, rags and sponges, toys, clutter, trash, obstructed windows, dirty floors, dust, wilted flowers and plants, dead grass, etc…

4- NO CHILDREN OR PETS: Children and pets should not be present during the photo shoot. PIERRE GALANT PHOTOGRAPHY is not responsible for damages caused by equipment being knocked over by children or pets. CLIENT agrees to compensate PIERRE GALANT PHOTOGRAPHY for damage caused to equipment caused by the presence of children or pets.

5- PROPERTY ACCESS: The CLIENT authorizes PIERRE GALANT PHOTOGRAPHY to come onto the Property and take photographs. As an agent of the property owners, The CLIENT has the authority to allow the PHOTOGRAPHER’s entry and permit PIERRE GALANT PHOTOGRAPHY to take photographs. The CLIENT promises to indemnify, defend, and pay the expenses of PIERRE GALANT PHOTOGRAPHY's defense, if a claim is made against PIERRE GALANT PHOTOGRAPHY arising out of the services we perform for the CLIENT. The CLIENT agrees to be present to facilitate access to rental properties, and represents that proper notice has been given to tenants, in accordance with applicable l aws.

5- FURNITURE AND PERSONAL ITEMS: PIERRE GALANT PHOTOGRAPHY's policy is that we do not move furniture or personal items. Clutter and extra furniture should be put into storage. Horizontal surfaces should all be free of clutter, leaving only those items that are intended to be part of the final images. Remember to remove personal hygiene products, used towels, and toothbrushes from bathrooms.

The CLIENT further understands and agrees to inform the property owners that PIERRE GALANT PHOTOGRAPHY is not l iable for any damage to property or persons caused as a result of the PHOTOGRAPHER’S actions or equipment in and around the home.

6- USE OF IMAGE MANIPULATION SOFTWARE: PIERRE GALANT PHOTOGRAPHY uses photoshop and other image manipulation software as a normal part of image processing.

The images delivered are intended to be an artistic interpretation of the property for the purposes of marketing. The delivered images are not intended to be a documentation of the property and are in no way a substitute for buyer’s investigation and seller's and real estate agent's disclosures. PIERRE GALANT PHOTOGRAPHY reserves the right to alter objects such as vents, power outlets, power lines, trash cans, for sale signs, debris, watering hoses etc... Additional a-la-carte retouching, such as adding artwork on a wall, greening grass, sky replacement is available for an additional cost.

8- ADDITIONAL FEES: All packages include up to one hour on site per 1,000 SF. If the session is l engthened because the PHOTOGRAPHER has to wait for homeowners to sort rooms out as we go, an additional fee of $65 per 30 min will be assessed to account for the extra time on site. A truly sub-standard home condition may result in a cancellation of the photoshoot altogether and be billed at $100 + 50% of the cost of the session. Returns to the property are billed $195, unless the PHOTOGRAPHER is correcting a mistake or is returning due to bad weather. Twilight time slots are prime shooting time. They are an upgrade of $195 in addition to the standard shoot fee. This fee is charged to any session happening within one hour prior to sunset. Travel within the "TMZ" is included in our prices. $1.6 per mile round trip is added outside of the TMZ. All fees are subject to change without notice. 

9- CANCELATION/ RESCHEDULE POLICY: PIERRE GALANT PHOTOGRAPHY asks for 24 business hours notice to cancel or re-schedule photoshoots. Within the 24h window, a cancelation fee of $100 will be assessed. If we arrive at the property to find the shoot is cancelled or are denied access to the property, 50% of the quoted shoot amount will be assessed, in addition to the $100 cancellation fee.

10- BAD WEATHER: Overcast and rainy days are excellent for shooting interiors as long as views are not critical. If views are important and for exterior images, PIERRE GALANT PHOTOGRAPHY may have to re-schedule until the weather improves. No re-scheduling fee will be assessed for inclement weather.

11- UNFORESEEN EVENT/LOSS: In the event photographs or electronic media are lost, stolen, or destroyed for reasons within or beyond PIERRE GALANT PHOTOGRAPHY's control, PIERRE GALANT PHOTOGRAPHY's liability is limited to the return of all monies paid to date for a total loss or a partial refund for a partial loss.

12- DELIVERY TIME: PIERRE GALANT PHOTOGRAPHY's standard delivery time i s 72 business hours after the end of the shoot. Rushed delivery i s availabl

a) the photographs may be printed by the CLIENT for use in flyers, postcards, brochures and documents for the sale of the property only. b) the photographs may be displayed on websites such as the Multiple Listing Service and affiliates. c) the photographs may be posted to social network platforms by the CLIENT. d) the photographs may be displayed electronically on devices owned by the CLIENT.

Otherwise, the CLIENT must obtain written permission from and offer just compensation to PIERRE GALANT PHOTOGRAPHY for any other uses of the photographs, including selling the photographs to any party or uploading the photographs to any website where the photographs may be purchased as high-resolution files.

The license duration is 12 consecutive months only from the date the images are delivered. The CLIENT must purchase a new l icense to use any of the i mages on new l istings (i.e. a l isting with a new MLS number), or after 12 months of use.

Providing photographs to any other parties is at the sole discretion of PIERRE GALANT PHOTOGRAPHY. The CLIENT may not provide photographs for use by their corporate offices, hired vendors, stagers, designers, architects, bloggers, magazines, or other electronic or printed publications or any parties whatsoever without the written permission of PIERRE GALANT PHOTOGRAPHY. The CLIENT agrees to cooperate with PIERRE GALANT PHOTOGRAPHY if unauthorized individuals or businesses use the photographs.

As a partial consideration for the services rendered, the CLIENT grants PIERRE GALANT PHOTOGRAPHY and its legal representatives the irrevocable and unrestricted right to use and publish photographs of the property for editorial, trade, advertising, photographic competition, and for any other purpose in any manner or medium without restriction and without prior permission of the CLIENT. The CLIENT and Property Owners acknowledge and agree that they have no further right to additional consideration or accounting, and that they will make no further claim for any reason to the PHOTOGRAPHER and / or Assigns. This release is irrevocable, worldwide and perpetual and is binding upon any person claiming an interest in the Property.

14- PAYMENT: Payment is due after the session completion and prior to our post-processing of the photos. Post-processing will not start before PIERRE GALANT PHOTOGRAPHY receives payment in full for the session. The fee c

16- INDEMNITY: CLIENT shall indemnify, defend and hold harmless PIERRE GALANT PHOTOGRAPHY from any claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees and costs, resulting from THE PHOTOGRAPHER’S material breach, or third party claim of material breach, of any material obligation, representation or warranty set forth in this Agreement.

17- ADDITIONAL TERMS: The validity, construction and enforceability of this Agreement shall be governed in all respects by the laws of the State of California. The terms and conditions set forth herein constitute the entire agreement between the parties and shall supersede all prior oral or written agreements. This Agreement may not be amended except in writing signed by the respective parties. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. The provisions of paragraph 13 and 14, inclusive, shall survive any expiration or termination of the Agreement. 

Definitions: “ASSIGNS” means a person or any company to whom Photographer has assigned or licensed rights under this release as well as the licensees of any such person or company. “CONSIDERATION” means something of value received in exchange for the rights granted or services performed according to this agreement. “CONTENTS” means all photographs, film or recording, still or moving, taken of the Property as part of the Shoot. “MEDIA” means all media including digital, electronic, print, television, film and other media now known or to be invented. “PHOTOGRAPHER” means photographer, illustrator, or any other person or entity photographing or recording the Property. “PROPERTY” means the place and or property (real estate or intellectual property) that is the subject of the Shoot. “SHOOT” means the photographic session described in this contract. “TMZ” means the Thirty Mile Zone around 1573 Coolidge Avenue, Pasadena, CA 91104.

 
By signing this AGREEMENT, all PARTIES have received, read, understood, and agree to all of the terms set forth in the AGREEMENT.