Service Agreement

     By ordering photographic imaging services from SparkWerx Images, LLC, you agree to this Service Agreement.  Our intention is for these policies to be helpful and instructional to you as we work together to create beautiful images to promote and enhance your Real Estate sales successes.

REALTOR/AGENT RESPONSIBILITIES:

     Input from the Realtor/Agent is important, so accompanying the photographer during the photo shoot is requested.  If the Realtor/Agent is not available to join the photo shoot, but schedules SparkWerx Images, LLC, to photograph the property in their absence, the Realtor/Agent acknowledges that SparkWerx Images, LLC, will photograph the property in a manner the SparkWerx Images, LLC, feels best showcases the property and that the Realtor/Agent agrees to accept SparkWerx Images, LLC’s, decision on how the property was photographed.  The Realtor/Agent will in this case arrange and provide access to the property to be photographed either directly or by contacting the property owner.

     The Realtor/Agent is responsible for ensuring that the property has been prepared for the photo shoot in advance of the photographer’s arrival.  Please see “Preparing for the Shoot” for recommendations.

     The Realtor/Agent authorizes SparkWerx Images, LLC, to enter the property for the purpose of creating photographic images.  The Realtor/Agent agrees to indemnify, defend, and pay all expenses of SparkWerx Images, LLC’s, defense, if a claim is made against SparkWerx Images, LLC, arising from the services that we perform for the Realtor/Agent.

     The Realtor/Agent is responsible for making SparkWerx Images, LLC, aware before the shoot of all requirements for the final images as required by their Internet site provider such as the local MLS, Realtor.com, Zillow, Redfin, etc. These will include:

  • File format (.JPG, .TIF, .DNG, .PNG, etc.; most commonly .JPG),
  • Aspect ratio (most commonly 4:3),
  • Image resolution, both minimum and maximum (the most common maximum is 2048 x 1536),
  • Maximum file size (ex. 25MB) of uploaded images, and
  • File naming conventions, if any.
LIMITED LICENSE IMAGE RELEASE:

     In order to provide you with the best service and support at reasonable pricing, SparkWerx Images, LLC, licenses the use of our images.  We do not normally sell our images, although we are open to discussion in certain circumstances.  The licensing fee quoted is dependent on (1) payment of the invoice in full prior to usage of final images, (2) using the images only as indicated, and (3) protecting them with proper copyright notification.

     Images delivered are licensed to the licensee for:

  • The purpose of listing and promoting a property only.
  • Term of the listing, not to exceed 1 year from date of delivery to the Realtor/Agent.
  • One primary image can be licensed for a period not to exceed 2 years for additional “sold” marketing materials.

     Only the licensee has permission to use the delivered images on any electronic or printed form of advertisement for the promotion of the property. Images are licensed only to the original licensee and will not be made available to another Realtor/Agent who takes over an expired or withdrawn listing without a separate Service Agreement.

     Builders, stagers, designers, or third parties that wish to use images must contact SparkWerx Images, LLC, directly for licensing and fees.  In addition, a property release must be obtained from the homeowner by that third party.

     For reasons pertaining to image integrity, quality control and copyright, images may not be altered once delivered.  All image editing requested by the licensee will be done by SparkWerx Images, LLC.  Additional fees may apply.  Unauthorized modification or use of images constitutes a copyright violation, and will result in termination of this Service Agreement and in legal action to compel cessation of usage.

COPYRIGHT NOTICE:

     The Federal Copyright Act of 1976 states clearly that the photographer who creates an image is the owner and copyright holder of the image.  SparkWerx Images, LLC, retains all copyrights expressed and implied for all images created.  Copyright is not and will not be transferred to any other party.  Copyright watermarks will be applied unobtrusively to all final images delivered and may not be obscured or removed physically or digitally.  Metadata attached to the photographs may not be removed or altered in any way.  Image credit must be given to SparkWerx Images, LLC, when used in printed materials and/or electronic and/or digital media, or linked or otherwise referenced on the internet or other digital information networks.  Failure to comply with these conditions constitutes a copyright violation, and will result in termination of this contract and in legal action to compel cessation of usage.

HOMEOWNER USE OF IMAGES:

     Home sellers/buyers may request a copy of the images directly from SparkWerx Images, LLC.  Copyright to all photographs will be retained by SparkWerx Images, LLC, as noted above.  Fees and Service Agreements will apply if the images are used to market the property for sale or rental, or for profit.  Please contact us for details.

SHOOT REQUESTS:

     We work on a set time schedule for every shoot.  It is the Realtor/Agent’s responsibility to ensure that the property is ready for the photo shoot to be produced at the scheduled time.  Please note the guidance provided in our “Preparing for the Shoot” document.  Generally we will be photographing throughout the entire home.  We do not normally include closets, utility rooms, garages or other unfinished spaces, but if you would like those included, please let us know prior to the shoot.

     For liability reasons, SparkWerx Images, LLC, does not perform any cleaning, dusting, moving or handling of furniture or any other objects.  The homeowner shall ensure that there are no hazards to the photographer’s safety, including pets of any species.

CANCELLATION & POSTPONEMENT:

     SparkWerx Images, LLC, understands that homes may not be ready for shooting as expected and scheduled.  In such cases, it is the responsibility of the Realtor/Agent to inform us no less than 24 hours prior to the scheduled shoot for rescheduling.  Rescheduling will be subject to the photographer’s availability, and is subject to a $50 rescheduling fee.  A cancellation fee of $50 will apply if the shoot is canceled within 24 hours of the scheduled shoot.

     There may be times that services cannot be completed due to inclement weather.  In those circumstances, the decision about proceeding with the scheduled shoot will be made between the photographer and the Realtor/Agent no less than two hours prior to the scheduled shoot time.  No rescheduling fee will be charged in the event of bad weather postponements, provided that the Realtor/Agent advises us no less than two hours prior to the scheduled shoot time.  If additional outdoor images are required on a better weather day, our standard reshoot fee of $75 will apply.  Rescheduled appointments will be subject to the photographer’s availability.

PAYMENT POLICY:

     Payment must be received in full prior to delivery of final images.  Proof images may not be used in any electronic or printed form of advertisement.  Credit card (Visa and MasterCard) payments can be processed on site or via phone prior to the shoot.  Corporate checks can be accepted at that time, as well.  Failure to pay in full to license usage of the images will constitute theft of service.  Images used outside the constraints in this Service Agreement will result in legal action to compel cessation of usage.

 

 

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