Policy and Procedure
Payments. The charges in this Agreement are based on the Photographer’s invoiced proposals. Payment is due on the date specified on the invoice. Failure to remit payments in accordance with payment due date will result in a cancellation of appointment. Multiple trips to the property will result in a $50.00 reshoot fee. Reshoot fee is subject to additional travel charges if located outside of Pierce County.
Alternative provision: The invoice contains the payment information and schedule to be executed for this Agreement.
Cancellations and Reschedules. If Client requests to amend or reschedule this agreement 24 hours or less before the agreed upon photographic event time, a non-refundable payment amount of $50.00 shall not be applied to a mutually agreed upon reschedule date. If Client cancels, or fails to show, this agreement 24 hours or less before the agreed upon photographic event time, all monies remitted shall be forfeited. In the event that the Client requests to reschedule a photographic event, the non-refundable payment amount shall be applied to a rescheduled event if notice is given at least 24 hours prior to the schedule event. Reschedule must be within the same calendar year. Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event and may result in partial Photos delivery.
Attendance: Either a licensed agent or the homeowner must be present for the duration of the appointment. With exception to the licensed agent, the homeowner, and the Photographer, the property is to remain vacant for the duration of the appointment.
Property Condition: The property will be photographed in it’s condition at the photographic event time. All alterations and improvements must be made prior to the photographic event time.
Service and Deliverables: This Agreement applies to any photograph, graphics, digital assets, or digital images created or taken by Photographer and delivered to the Client (collectively known as “PHOTOS”). This Agreement governs the relationship between the parties and in no event shall any e-mail communication or other exchange, amend or otherwise modify the terms of this Agreement unless agreed to in writing.
Delivery: Photographer may select delivery of photographs in JPEG, TIFF, PNG, or other standard format, at a resolution that Photographer determines will be suitable for the Photos as licensed. It is the Client's responsibility to verify that the Photos are suitable for reproduction and that if the Photos are not deemed suitable, to notify the Photographer within two business days. Photographer’s sole obligation will be to replace the Photos at a suitable resolution but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages. Unless otherwise specifically provided, Photographer is not responsible to provide images 1) larger than 8”x10” at 300 dpi or 2) in a format higher than 8-bit. Photographer has no obligation to retain or archive any Photos delivered to Client.
Relationship of the Parties: The parties agree that Photographer is an independent contractor, and that neither Photographer, nor Photographer’s employees or contract personnel are, or shall be deemed to be, employees of Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.
Creation: The manner and method of creating any Photographs is solely at the discretion of Photographer and the Client has no right to control Photographer’s manner and method of performance under this Agreement. Photographer will use his/her best efforts to: (a) ensure that the Photos conform to Client’s specifications; and (b) submit all Photos to Client in publishable quality, on or before the applicable deadlines.
Travel Fees, Charges and Expenses: Client is responsible for all fees and charges associated with out-of-town shoots, which is defined as travel outside of Pierce County. A flat travel fee will be assessed on all shoots outside of Pierce County. Client agrees to pay the flat travel fee according to the location of the photographic event.
Compensation: All fees and expenses payable under this agreement are required before photographic event date. If full payment has not been received before photographic event date the photo shoot shall be deemed cancelled according to the cancellation policy above.
Intellectual Property Ownership: All Photos and rights relating to them, including copyright and ownership rights of the Photos, are the sole and exclusive property of the Client.
Force Majeure: Neither party shall be liable for any delay in performing or failing to perform obligations if that delay or failure results from events or circumstances outside its reasonable control. Such delay or failure shall not constitute a breach of this agreement and the time for performance shall be extended by a period equivalent to that during which performance is so prevented provided that if such delay or failure persists for more than two business days, nothing in this Clause shall be taken to limit or prevent the exercise by either party of its rights of termination under this Agreement without claim [arising from the termination] against the party defaulting by reason of force majeure cure provided that any outstanding pre-existing claims shall not be thereby terminated.