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Terms of Service

 

James Bruce Photography

Real Estate Photography General Terms of Service 2014

 

1.  Images created by James Bruce Photography, including photos, virtual tours, videos, illustrations, and any other media are copyrighted materials and remain the property of James Bruce Photography.  We do not sell images. Agents do not own images.

 

2.  Images created by James Bruce Photography for the purpose of Real Estate for sale are licensed to the agent who is listing the home for a term of 1 year or until the listing sells or is leased, whichever comes first. In the case that a listing is still being listed for sale after 1 year, it will be necessary to notify James Bruce Photography of the need to extend the license.

 

3.  Images created for Real Estate Sale may be displayed in electronic or printed media to support the sale of the property address for which they were created.  In the case of print publication we ask that appropriate attribution be given.  (We do understand that conventions of giving photographer credit for advertising photos varies from publication to publication).  We also ask for a digital link to the magazine or paper be furnished as well as a physical copy of the publication.  The body of any text or caption of a photo in any publication must refer to the property as For Sale or other direct language to that effect.  The lack of this language will result in additional billing for editorial publication.

 

4.  Images created by James Bruce Photography may not be transferred either for free or for a fee to a third party. That means that a realtor may not transfer images to a builder, stager, another realtor or any other person.  (*see note below for information concerning third party sites used commonly to help sell real estate)

 

5.  Realtors may choose up to three images from a given property to use in their continued marketing efforts for their business as a whole.  The purpose of this provision is to allow for images to be included in an agents presentations for new business.  It is not intended to allow for web banners or landing pages.  We do have ways to license content for these purposes and will be making images available in a stock format for these purposes.

 

6.  Images will not be delivered until the order is paid in full.  We will work to maintain an online way to pay for tours, however in the case of an online failure of the payment to go through it is the agent’s responsibility to meet the photographer and pay by cash, check or credit card.

 

7.  Images created by James Bruce Photography may in certain circumstances be repurposed or relicensed.  The most common reasons for relicensing is due to a listing changing from one realtor to another, to license to a builder, designer, or architect for his or her portfolio.

 

General Policies Relating to Real Estate Photography

 

1.  It is our policy to photograph the property in the condition in which we find it.  It is the responsibility of the agent to make sure that the property is ready to be photographed.  For many reasons, we do not move items in or around the home.  We understand that not every home is going to be perfect, and so in some cases we may avoid areas that will not photograph well.  In the event that some item not relating to condition of the property must be edited out of a photo, the agent will be billed on a per image basis.

 

2.  It is our policy to deliver images to agents the next day.  A good rule of thumb is to give us 24 hours. There are some exceptions, twilight shoots and certain luxury properties may require more time to process.  When this is going to be the case we will do our best to communicate that to the agent.

 

3.  Images delivered by James Bruce Photography will be at the standard that is demonstrated on our website for Real Estate Photography. We strive to produce images that make our clients look good. We are aware that we are judged on the quality of our images. Usually the issues that we face most are with matters of personal taste, usually with the homeowner. We will do our best to work with the agent to come up with a suitable solution.

 

4.  Scheduling takes place in two parts.  An agent may request a day when placing the order.  We will respond with a confirmation of that day once we have the order.  

 

The second part of scheduling is that we will contact the agent 2 days before the shoot between 2 and 4 to confirm a time.  This will in many cases require two phone calls.  One from us to offer a time, and one from the agent to confirm that time is good for them, and or their sellers.  Once this time is confirmed, it is set in stone and a fee equal to 100% of the photography portion will be required for any change.

 

We arrange shoots mostly by finding the route that allows us to get from one shoot to the other in the most efficient manner.  Some other factors are sometimes more important such as twilight shoots that have to begin at a certain time.  

 

5.  Cancellations and reschedules are part of the business.  Keeping those to a minimum is very important.  General policies...

 

  • The agent is responsible to know that the home is ready to be photographed at the scheduled time.  

  • The agent will make the final call about shooting a home if weather is an issue.

  • When a shoot must be postponed it will be placed on the next available day.

  • Refunds will not be given for shoots that have been postponed, or that are cancelled after the time for the shoot has been confirmed, even in the event that the property comes under contract.

 

This is a new policy that we have had to move to because of the sheer number of postponed sessions last year.  This year we are adding staff to make more slots available.  That should make wait times for photography shorter and allow agents to have a better handle on their timelines.  The cost for all of that is that when we assign sessions to our photographers for a certain day, they are expecting to be compensated for that amount.

For non-real estate photography, a non-refundable deposit equal to 1/2 of the expected amount of the photography will be charged at the time of the booking.



6.  Prices published on the website for James Bruce Photography are estimates of the cost of services.  In almost all cases the price paid will reflect the final price.  There are some issues that may affect the final price, such as ordering the wrong shoot for the house, or additional driving fees.  We created the price list to make the process pretty simple.  There are some ways it breaks down.  

 

  • When the agent orders a tour that is not in keeping with the needs of the home.  For instance the home is really 4000sq ft and the order was for a 2000 sq ft home.  Another for instance is that the home is a luxury home with many upgrades which is indeed 2000 sq ft, but takes many extra photos to capture because the home is loaded with features.

 

  • When there is acreage that must be photographed.

 

  • When there is extensive editing that must be performed on an image.

 

I would say that if we get good info on the orders, then in very few instances will there have to be any price change at the shoot.

 

7.  All Real Estate photos are delivered through our tour provider unless other arrangements have been made.  Tourbuzz.net is our tour provider and allows for publishing of images only or images plus a virtual tour.  All other photos will be delivered through our portfolio site.




*Third party hosting sites and copyright.  

 

With the constant barrage of new terms of service by various sites, we know that it is almost impossible to know exactly what sites are asking for what in terms of copyright.  Here are our general thoughts

 

1. Our terms allow placement of images on sites for the promotion of Real Estate for Sale, such as, your web site, your Brokers’ sites, Associations of Realtors, sites such as Trulia.com and Zillow.com, and others, as long as the images are promoting the sale of the address to which the images associated and as long as the agent to whom the images were licensed is the agent.

 

2.  Our terms do not allow placement on sites that claim to own copyright of images by their display on the site or who resell images that are posted by their users to other parties.  We are working on a work around that applies a watermark to images with both a copyright label and our client’s logo and contact info as a lower third.


3.  If there is any question, please ask us.  We are trying to protect your imvestment and our work.



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