Real Estate Visual Media Licensing Terms and Conditions (T&C)

These Terms and Conditions (“T&C”) govern the agreement between the Photographer and the Client for the provision and use of visual media services related to real estate listings.

 

1. Definitions

  • Photographer: Markemm Group LLC.
  • Client: The real estate agent, broker, or property owner commissioning the services.
  • Media: The final, processed digital content delivered to the Client, which may include images, video, 3D tours, and other visual assets.
  • Property: The specific physical location or address that is the subject of the visual media services commissioned by the Client.

2. Intellectual Property and Copyright

The Photographer retains the entire copyright and intellectual property rights in all Media, including the right to use the Media for self-promotion (e.g., portfolio, website, social media, marketing materials).

3. Grant of License (Usage Rights)

Upon full and timely payment of the invoice by the Client, the Photographer grants the Client a non-exclusive, non-transferable, perpetual license to use the Media solely for the purpose of marketing, promoting, and selling the specific Property identified in Section 1.

The Client may use the Media in any medium necessary to market the Property, including:

  • MLS listings and portals.
  • Print advertisements, flyers, and brochures.
  • Client’s personal and brokerage websites.
  • Social media platforms used for listing promotion.

4. License Transfer and Duration

  • Non-Transferable: This license is granted only to the Client (the individual agent or broker) and cannot be sub-licensed, sold, or transferred to any third party (e.g., other agents, builders, or vendors) without the express written permission of the Photographer.
  • Duration: The license is effective immediately upon full payment and remains valid for the entire duration the Property is listed for sale or rent, or perpetually if for personal use by the Property owner (where the owner is the Client).

5. Prohibited Uses

The Client is expressly prohibited from using the Media for any purpose other than the promotion of the specific Property listed in Section 1. Prohibited uses include, but are not limited to:

  • Using the Media to promote or market any other property or listing.
  • Selling, licensing, or giving the Media to any third-party media outlet, architect, builder, or interior designer.
  • Making editorial or artistic changes to the Media (cropping for resizing is generally permitted).

6. Payment and Delivery

The license to use the Media is contingent upon full receipt of payment as per the agreed-upon rates. If the Client fails to make full payment, the license is immediately terminated, and the Client must cease all use of the Media immediately.

7. Property Condition and Client Preparation

The Client is solely responsible for ensuring the Property is clean, staged, and ready for Media capture at the scheduled time. The Photographer is not responsible for moving furniture, cleaning, or staging. If the Photographer is unable to begin the session at the scheduled time due to the Property not being ready, the Photographer reserves the right to charge an hourly delay fee (to be mutually agreed upon) or to cancel the shoot, which will be subject to the cancellation fee outlined in Section 8.

8. Cancellation and Rescheduling

The Client must provide a minimum of twenty-four (24) hours notice to cancel or reschedule a confirmed service appointment.

  • Cancellations or reschedules made with less than 24 hours notice will incur a fee equal to 50% of the total service invoice.
  • The Photographer reserves the right to cancel or reschedule appointments due to inclement weather or unforeseen circumstances at no cost to the Client.

9. Limitation of Liability & Indemnification

The Client agrees that the Photographer (Markemm Group LLC) shall not be liable for any claims, demands, losses, or damages, including but not limited to any direct, indirect, incidental, or consequential loss arising from the services provided. The Photographer’s liability for any claim shall be limited to the total amount paid by the Client for the specific service in question. The Client agrees to indemnify and hold harmless the Photographer against all claims, liabilities, demands, and costs related to the use of the Media.

10. Boundary Line Disclaimer

The Photographer is not a licensed land surveyor. Any markings, lines, or boundary highlights (including property lines, lot dimensions, or estimated distances) added to the Media, whether requested by the Client or offered by the Photographer, are purely illustrative, approximate, and for marketing purposes only. The Client acknowledges that these additions are not legal representations of property boundaries and waives any claims against the Photographer arising from their potential inaccuracy.

11. Modification of Terms

The Photographer reserves the right to update, change, or replace any part of these Terms and Conditions at any time without prior written notice. The most current version of the T&C will supersede all previous versions and will be binding on the Client.

12. Acceptance of Terms

By booking the services, granting access to the Property for the services, or accepting delivery of the Media, the Client acknowledges and agrees to be legally bound by these Terms and Conditions.