By ordering services from Bill Breneman Photography (also known as "BBP") you (also known as "Paying Client" or "Client") agree to the following Service Agreement for digital imagery:
1. For projects estimated at over $1,000, Client will pay 50% down to BBP for the photo shoot prior to the shoot taking place. Client will be invoiced for any outstanding monies owed at the time of delivery of the images to the Client.
2. Client has permission to use images for any promotional/marketing purposes (such as for printed collateral, news articles/press releases or Client-managed websites). Images will not be distributed, transferred or sold by the Client to other, non-paying parties such as contractors, tenants, home owners, guests, neighbors, business/civic/governmental organizations/entities, etc. If these and/or other outside parties express interest in obtaining copies of the images from the photo shoot, they will contact BBP directly and pay separately for any images produced. For images produced specifically for commercial or residential MLS listings, it is understood that such images are often syndicated to other real estate websites and listing aggregators.
3. A nonexclusive agreement with BBP - meaning that BBP's images can be used by the Paying Client for an unlimited period of time (the exception being a residential or commercial real estate listing - in which case, the images of a listing can be used as long as the listing is active and is being promoted by the specific agent/Client BBP produced the images for).
4. Due to various editorial/publication preferences, the Client is permitted to edit/alter/resize images following initial delivery of images by BBP - and shall hold BBP and any successors, legal representatives and assigns harmless from all claims of liability resulting from or associated with the use of the material.
5. For commercial or residential MLS listing photos, the Client agrees to not provide such images to another agent/broker/party who takes over an expired or withdrawn listing.
Bill Breneman Photography is the copyright holder, and retains all copyrights expressed and implied otherwise for all created images. Copyright is not and will not be transferred to any other/third party. Client also warrants that they have authority to enter into this agreement for the property and shall indemnify and defend BBP in the event of any litigation arising due to this agreement. Copyright shall accrue to the benefit of his/her successors, legal representatives and assigns.
Digital downloads are available at full resolution or sized down to a Client’s specifications - either through BBP’s website, Google Dropbox or regular e-mail. Download instructions can be provided upon request.
1. For commercial or residential MLS listing shoots, it is the responsibility of the Paying Client and/or property owner to make sure that pets/animals are removed from the photography project. If pets/animals will be an issue, they need to be removed from the premises prior to the beginning of the shoot.
2. If there are children sleeping in bedrooms (during MLS shoots), BBP will not photograph those rooms until the children are safely removed by their guardian.
3. For structural photography projects (such as hotels, architecture and real estate listings), in most cases, BBP will be photographing throughout the entire structure. If the Client desires specific design/architectural/amenities features included, please let BBP know prior to the beginning of the shoot.
4. Time is a precious commodity. It is the Client’s responsibility to work with the property owner to ensure that the property is ready for the photo shoot at the arranged time.
5. Please do not schedule tours, visitations or have contractors working at the property during the photography appointment.
Bill Breneman Photography understands that properties/structures may not be ready for shooting as expected. It is the responsibility of the Paying Client to inform BBP as soon as possible for rescheduling. A photo session that is rescheduled or canceled after 8pm the day before the scheduled shoot will be charged a $50 rescheduling fee, plus any additional expenses involved getting to/coming from the shoot location including travel/lodging/food expenses (etc.) outside of Central Oregon (Deschutes, Jefferson and Crook Counties) when traveling to, and staying near the shoot location. Reschedules will be subject to BBP's availability.
There will be times services cannot be completed due to weather. In those circumstances, the decision about shooting is up to the Client. If the Client chooses to proceed with photography, BBP will do our best to arrive on time and provide the best images possible. No rescheduling fee will be charged in the event of bad weather. Reschedules are subject to availability.
Payment is accepted either by check (payable to Bill Breneman Photography) or through a Square card reader. A 3.5% processing fee will be added to all Square transactions. Square transactions can be done right over the phone.
Thank you for taking the time to read this service agreement. If questions arise feel free to contact BBP at: 971-732-2690 or e-mail at: firstname.lastname@example.org.