Terms of service.

1. Introduction

These Terms and Conditions (the “Agreement”) govern the relationship between the Real Estate Photographer (the “Photographer”) and the client hiring the Photographer for real estate photography services (the “Client”). The Client agrees to be bound by this Agreement by accepting the Photographer’s services.

2. Services

The Photographer agrees to provide the Client with real estate photography services. These services include photographing the property, editing and enhancing the photos, providing a revision period, and delivering the final images to the Client within 24-48 hours of the photoshoot.

3. License

The Client agrees to grant the Photographer a non-exclusive, perpetual, royalty-free license to use, reproduce, and distribute the photos for the Photographer’s own marketing and promotional purposes. The Photographer agrees not to use the photos for any other purpose without the Client’s express written consent.

4. Payment

The Client agrees to pay the Photographer the agreed upon fee for the services provided. Payment will be due upon completion of the services (or paid in advance if chosen by the Client), and the Photographer reserves the right to withhold delivery of the final images until payment is received.

5. Liability

The Photographer is not responsible for any damage to the property or personal injury that occurs during the shoot. The Client agrees to indemnify and hold the Photographer harmless from any and all claims, damages, or expenses arising from the services provided by the Photographer.

6. Termination

Either party may terminate this Agreement at any time by providing written notice to the other party.

7. Governing Law

This Agreement will be governed by and construed in accordance with the laws of the state in which the property is located.

8. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or understandings, whether written or oral, relating to the subject matter of this Agreement.

9. Amendments

The Photographer reserves the right to modify this Agreement at any time by posting a revised version on their website or by providing notice to the Client. The Client’s continued use of the Photographer’s services after any such modification constitutes acceptance of the modified Agreement.

10. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

11. Waiver

The failure of either party to enforce any provision of this Agreement will not be construed as a waiver of any other provision or the right to enforce such provision.

12. Assignment

The Client may not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the Photographer.

13. Additional Terms

The Client understands that Matthew McNicholas is a licensed real estate agent and hangs his license under a brokerage. The Photographer agrees to conduct himself in accordance with the ethical standards outlined by N.A.R. in any potential interactions with the Client’s sellers. The Photographer will not engage in any behavior that is deemed inappropriate by N.A.R., including but not limited to approaching the sellers in an unsolicited manner or making unsolicited offers to purchase the property.

By accepting the services of the Photographer, the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.