Terms annd Conditions
Below are my standard photography terms and conditions for the supply of my services. If you are not sure about how any aspects of these terms affect my working for you, please just ask. I want to make it as easy as possible for you to get the images you want for the purposes you need.
1) If the photographer cannot adequately shoot the property once they arrive due to reasons beyond our control (such as but not limited to 1. unable to gain access to the property, 2. excessive clutter and mess, 3. occupied guest rooms ) you will be charged the full fee of the shoot. Please read my Real Estate Shooting Preparation Guide / Hotel Shooting Preparation Guide and make certain arrangements for the property prior to scheduling a shoot.
2) It is the Realtor, Hotel, and/or home owner’s responsibility to have the home in photo-ready condition prior to the photographer arriving. The photographer may make minor adjustments to improve the shot, but he cannot move heavy furniture or make significant changes to the room, like cleaning the rooms, making beds, cleaning windows, vacuuming floors, etc. The property will be photographed in the conditions as it is found on the shooting date. If the client is unsatisfied with his own staging and decoration of the property in the final images, that is not the responsibility of the photographer, this will lead eventually to a re-shooting of the property with additional costs for the client. Make sure to read my Real Estate Shooting Preparation Guide / Hotel Shooting Preparation Guide several days prior to the shooting of your property to make sure everything is set up in the right way, and everyone is briefed who is involved in the photo shooting. This is essential to capture the best possible results.
3) Cancellation/Abortive Fee – I understand that plans can change and you have the right to cancel or reschedule, as per the policies below:
- You can cancel or reschedule your appointment up to three days before the photo- session time with no penalty.
- If you reschedule with less than 48 hours notice prior to the photo session, I charge a 25% fee.
- If you cancel with less than 48 hours notice prior to the photo session, I charge a 50% fee.
- If you reschedule with less than 24 hours notice prior to the photo session, I charge a75% fee.
- If you cancel with less than 24 hours notice prior to the photo session, I charge a 90% fee.
- If you cancel less than 12 hours prior to the appointment, I charge the full amount of the photo session. 100% fee.
4) Client Assistance – The Client or Agent shall assist and cooperate in obtaining the desired photographs, including but not limited to: specifying locations or details to be photographed and taking time to prepare the locations to be photographed. The Photographer shall not be responsible for photographs not taken as a result of the Client or Agent’s failure to provide reasonable assistance or cooperation. In the absence of prior instruction or request, the individual photographs recorded and provided will be at the Photographer’s discretion.
5) It is the Client who must satisfy himself/herself/it’s self that all necessary rights, model releases, or consents which may be required for reproduction of people, places, or items depicted within any Works are obtained. It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases, or consents are or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs, or Works of art dedicated in any picture. The Photographer shall be only responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot. In all other cases, the Client shall indemnify the Photographer against all expenses, damages, claims, and legal costs arising out of any failure to obtain such clearances. The Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Photographer, Micha Schulte, their employees or agents, or otherwise, and it is the client’s responsibility to ensure such loss or damage.
6) The turnaround time is 48 hours to 1 week, depending on the scale of the assignment. Although you may get your photos back in less time I cannot guarantee it. If you have a situation that requires a quicker turnaround time please inquire about options for express service at an additional fee.
7) Photo Rights and Usage: All photos produced for the client may be used by that client for all marketing purposes, like online advertising, websites, social media, and print advertisement. Please note that the photos will be copyrighted by the photographer and a license granted only to the client and not to any third party. Any usage of the photos by a third party, including but not limited to architects, builders, stagers, designers, sellers, or buyers is prohibited unless approved in writing by the photographer. The license includes usage of the photos for third-party print and online media, like newspapers, magazines, blogs, and websites if the Photographer is mentioned below the photo.
8) The Photographer retains the right in all cases to use or sell the Photographs, exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before work commences.
9) The photographer never hands out unedited RAW files to the Client or Agent, or all images that are captured during the shooting. The captured RAW files are always, in any case, the property of the photographer. Some of the captured images are just part of the postproduction progress and have no value as a stand-alone image for the Client.
10) Fees, All agreed upon fees and expenses are due at the time of the shooting on location in cash or by cheque, or due at the time the photos are delivered. In case of agreement of payment due at the time the photos are delivered, the Client will receive low resolution watermarked images for approval. After the full payment is transferred the Client will receive the full-resolution files. Micha Schulte Photography reserves the right to cancel, postpone, or refuse to schedule subsequent photoshoots until an account is made current.
11) The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purpose of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
12) Rejections: (a) Micha Schulte Photography will edit every take and deliver what it considers to be the best of every situation covered; (b) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
13) These Terms and Conditions shall not be varied except by agreement in writing.
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