ladyexplorer wrote in post #2755758Hiya~ I've searched through the forums here and other places online, trying to find a template or an example of a contract to do real estate photography but have been unable to find anything. In fact, the great majority of the threads on real estate shooting here seem to focus on how little money there is to be had in the business and how "cheap" most real estate agents are. However! I'm not looking to make real estate shooting into a full-time gig... it's just a way to make some money on the side. A real estate office in town recently approached me to do shots of homes that are newly listed as well as recently sold. I believe I'll charge on a house-by-house basis and I want to make sure that the details (as well as expectations) of this are pinned down before I start doing the work, and think that a well-written contract is the best way to go. Does anyone have a template or a sample contract specific to real estate photography that you would be willing to share? Thanks in advance!
Here's the contract language I use, feel free to use it. I focus mainly on the licensing and the fact that I make no guarantee that a house will sell.
This agreement is entered into on this _____ day of _______________, 20____ by and between _______________ ("Client") and Shawn Markman ("Photographer") for services to be rendered at _______________. It is understood this Photographer is the exclusive official photographer retained to perform the photographic services requested in this agreement.
By providing the services implied herein, the Photographer does not guarantee the sale of any property (personal or real), attachments, improvements, or fixtures photographed.
No part of any order, including low-resolution previews, will be delivered to the Client until the agreed upon balance is paid in full.
The Photographer reserves the right to use images created under this agreement for advertising, display, publication or other purposes. The Client signing this agreement warrants that he or she has actual authority to agree to the use of images in this manner and shall indemnify and defend the Photographer in the event of litigation arising out of such use. Negatives, digital files and previews remain the exclusive property of the Photographer.
If the Photographer cannot perform this agreement due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer employee illness or emergency, then the Photographer shall return any deposit or fee to the Client but shall have no further liability with respect to the agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of all monies paid.
The fees associated with this agreement are based on the Photographer's standard price list. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
NOTICE OF LICENSE: The Photographer issues a limited license for the Client to use the digital images supplied under this agreement in his/her RMLS listing and in other promotional materials intended to sell the property under his/her current contract with the property owner. The images issued under this agreement may NOT be transferred to subsequent listing agents or the property owner in the event that the property does not sell under the terms of the current exclusive listing agreement.
NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce the photographs, videos, website content, etc. issued under this agreement without the Photographer's permission, and violators of this Federal Law will be subject to its civil and criminal penalties.
This agreement incorporates the entire understanding of the parties and is governed by the laws of _______________ (City/County, State). Any modification of this agreement must be in writing and signed by both parties.