This Real Estate Photography Copyright Licensing Amendment is entered into effective immediately between Higher Perspective Photography (HPP) and the Person or Persons or agency requesting photography services from HPP (CLIENT) upon the CLIENT checking the box " ***OPTIONAL Copyright Purchase*** " and finalizing the booking process by submitting the completed form thereby scheduling services with HPP. All references to the Client in this Agreement shall include Client’s parent companies, affiliates, and subsidiaries.
Scope of this Amendment. This Amendment applies to the Higher Perspective Photography Licensing Agreement and any photograph, graphics, digital assets, videos and/or digital images created or taken by HPP and delivered to the Client (collectively known as “PHOTOS”) for the property being scheduled currently (“PROPERTY”). This Amendment is in addition to the AGREEMENT that 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.
Rights: All "PHOTOS" and rights relating to them, including copyright and ownership rights in the media in which they are stored, being produced by HPP for the Client are transferred from HPP to the Client for full ownership. This license provides the Client with the right to reproduce, publicly display, and distribute the Photos for any promotional or advertising purposes beyond what is directly related to the sale of the Property. Photos used for any purpose not directly related to the sale of the Property are permitted at the Client's discretion.
Unless otherwise specifically provided elsewhere in this document or other signed agreement between the parties, rights are assigned to the Client immediately upon delivery of the "PHOTOS". HPP is not responsible for storing "PHOTOS" past 21 days.
Relationship of the Parties: The parties agree that HPP is an independent contractor, and that neither HPP, nor HPP’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. HPP and the "PHOTOS" or any other deliverables prepared by HPP shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.
Delivery: HPP may select delivery of "PHOTOS" in JPEG, TIFF, PNG, MPEG, MP4 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 with five (5)business days. HPP’s sole obligation will be to replace the "PHOTOS" at a suitable resolution but in no event will HPP be liable for poor reproduction quality, delays, or consequential damages of the client. All files, both edited and unedited with be turned over to the client upon completion of services.
HPP has no obligation to retain or archive any "PHOTOS" delivered to Client after 21 days.
Fees: Fees: All fees and expenses payable under this agreement are required no later than ten (14) business days from the delivery of the "PHOTOS" and payable irrespective of whether Client makes actual use of the "PHOTOS". If full payment has not been received within thirty (30) days from invoice issue date then a 30% late fee will be charged on the original invoice amount plus any additional late fees and will compound each additional 30 days the invoice remains past due. If after 90 days there remains an unpaid balance then all photographic rights of the client are revoked at Photographer’s discretion. In the event rights are revoked, all images in the possession of Client will be removed from all forms of media and permanently destroyed within ten (10) days. Client shall provide HPP with written statement that all images have been removed and destroyed and that the Client made no profit from the usage of "PHOTOS". Any outstanding invoice MUST be paid in full to restore photographic rights to the client.
Cancellation: Client cancellation of this Agreement within 24 hours of the Property shoot may be required to pay any expenses incurred and a twenty-five (25)% cancellation fee at HPP's discretion.
Scope of this Amendment. This Amendment applies to the Higher Perspective Photography Licensing Agreement and any photograph, graphics, digital assets, videos and/or digital images created or taken by HPP and delivered to the Client (collectively known as “PHOTOS”) for the property being scheduled currently (“PROPERTY”). This Amendment is in addition to the AGREEMENT that 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.
Rights: All "PHOTOS" and rights relating to them, including copyright and ownership rights in the media in which they are stored, being produced by HPP for the Client are transferred from HPP to the Client for full ownership. This license provides the Client with the right to reproduce, publicly display, and distribute the Photos for any promotional or advertising purposes beyond what is directly related to the sale of the Property. Photos used for any purpose not directly related to the sale of the Property are permitted at the Client's discretion.
Unless otherwise specifically provided elsewhere in this document or other signed agreement between the parties, rights are assigned to the Client immediately upon delivery of the "PHOTOS". HPP is not responsible for storing "PHOTOS" past 21 days.
Relationship of the Parties: The parties agree that HPP is an independent contractor, and that neither HPP, nor HPP’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. HPP and the "PHOTOS" or any other deliverables prepared by HPP shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.
Delivery: HPP may select delivery of "PHOTOS" in JPEG, TIFF, PNG, MPEG, MP4 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 with five (5)business days. HPP’s sole obligation will be to replace the "PHOTOS" at a suitable resolution but in no event will HPP be liable for poor reproduction quality, delays, or consequential damages of the client. All files, both edited and unedited with be turned over to the client upon completion of services.
HPP has no obligation to retain or archive any "PHOTOS" delivered to Client after 21 days.
Fees: Fees: All fees and expenses payable under this agreement are required no later than ten (14) business days from the delivery of the "PHOTOS" and payable irrespective of whether Client makes actual use of the "PHOTOS". If full payment has not been received within thirty (30) days from invoice issue date then a 30% late fee will be charged on the original invoice amount plus any additional late fees and will compound each additional 30 days the invoice remains past due. If after 90 days there remains an unpaid balance then all photographic rights of the client are revoked at Photographer’s discretion. In the event rights are revoked, all images in the possession of Client will be removed from all forms of media and permanently destroyed within ten (10) days. Client shall provide HPP with written statement that all images have been removed and destroyed and that the Client made no profit from the usage of "PHOTOS". Any outstanding invoice MUST be paid in full to restore photographic rights to the client.
Cancellation: Client cancellation of this Agreement within 24 hours of the Property shoot may be required to pay any expenses incurred and a twenty-five (25)% cancellation fee at HPP's discretion.