Definitions:
a. “Photos” includes all photographs and digital assets taken by LMZ Photography, including but not limited to digital photographs, videos, drone images, etc.
b. “Client” includes {name} and all parent companies, subsidiaries, affiliates, etc.
c. “Property” refers to {shootAddress}
d. “Installations” includes all property of LMZ Photography installed on {shootAddress} or any related locations as specified by {name}
Effect:
This agreement is effective and binding upon the signature of Client and an authorized representative of LMZ Photography.
Rights:
By purchasing services, Client also purchases a limited license to the photos taken by LMZ Photography. Client’s limited license includes the right to use the photos exclusively for the promotion/advertising of the sale of the property while the photographed property is listed for sale.
Client’s license to use the photos expires with Client no longer has an agreement to represent the property owners in the sale or rental of the property. Client must obtain written permission for any other use of the photos, and must execute a separate written agreement and separate payment terms. LMZ Photography retains the exclusive rights to all photos taken in perpetuity.
Installations:
All Installations are the property of Photographer and require permission from the homeowner to be installed. Client is responsible for all damage that may occur and are required to pay a repair/replacement fee for each damaged or lost item up to the price of repair/replacement of each affected item. If any Installations are damaged/loosened to the point of needing to be reinstalled, it is up to the Client and/or Homeowner to notify the Photographer that the post needs to be reinstalled/fortified. LMZ Photography is not responsible for any damages caused by damaged installations that are not reported to LMZ Photography. LMZ Photography is responsible for any damages directly caused by improper installation.
Preparation and Release:
Client is responsible for preparing for the shoot and obtaining the necessary permissions for any other parties/properties that may be involved, including but not limited to: Homeowner permission, HOA permission, and Rental Office permission.
If a shoot is not sufficiently prepared for by Client or if complications arise due to a lack of preparation by Client, the shoot will be cancelled or rescheduled and charged according to the Cancellation/Rescheduling policy listed below.
Cancellation/Rescheduling Policy:
Client may cancel or reschedule their services at any time. Payment will be due for cancelled or rescheduled services at the time of cancellation or rescheduling for the following rate:
a. Cancellation after an order is placed but 48 hours before the shoot: 15% fee + any expenses already incurred.
b. Cancellation less than 48 hours before the shoot: 100% fee + any expenses incurred.
c. Rescheduling less than 48 hours before the shoot: 10% fee + any expenses already incurred that cannot be reused for the day of the reschedule.
d. Cancellation after a shoot has already been rescheduled: 100% fee, not including all fees already incurred + any expenses incurred.
Costs and Expenses:
Client is responsible for all costs and expenses incurred while executing these services. Typical costs or expenses may include: parking, community entry fees, photo permits, etc.
Payment:
Payment is due in full within 48 hours of services being provided. Any services not paid in full within 48 hours will be charged an 8% weekly interest rate.
Delivery:
LMZ Photography may deliver photos in any standard file format and in the resolution that they deem fit for the application. LMZ Photography is not responsible for providing RAW or upscaled images to Client. LMZ Photography will guarantee to keep copies of photos for 7 days to allow Client to review and download the photos. After 7 days, LMZ Photography has the right to discard any photos at its discretion. Client has the exclusive obligation to maintain any downloads and all copies of the photos that they would like to keep.
No Exclusivity:
This agreement does not create an exclusive relationship between LMZ Photography and Client.
Cancellation of Agreement:
This agreement can be canceled by LMZ Photography at any point for any reason. If LMZ Photography cancels the agreement, they will refund any services that have been paid for but have not yet been provided.
Alterations to this Agreement:
LMZ Photography and Client agree that no alterations or changes may be made to this agreement unless such agreement is made in writing and signed by both parties.
Choice of Law:
This agreement is governed by, and should be interpreted in accordance with, the laws of the State of Arizona.