By ordering photographic imaging services from SparkWerx Images, LLC, you (the Realtor®/Agent) 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.
SparkWerx Images, LLC, works on a set time schedule for every shoot. It is the Realtor®/Agent’s responsibility to ensure that the property has been prepared and is ready for the photo shoot to be produced no less than 24 hours in advance of the scheduled date and time. Generally we will be photographing throughout the entire home and yard. 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.
Input from the Realtor®/Agent is essential, 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 that 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 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.
For liability reasons, SparkWerx Images, LLC, does not perform any cleaning, dusting, moving or handling of furniture or any other objects within the home. The Realtor®/Agent and the homeowner shall ensure that there are no hazards to the photographer’s safety, including pets of any species.
The Realtor®/Agent is responsible for ensuring that the property has been fully prepared for the photo shoot no less than 24 hours in advance of the photographer’s arrival. Please see “Preparing for the Shoot” for preparation recommendations.
The Realtor®/Agent is responsible for ensuring that all signs (lease, billboard, open house, promotional material, business cards, or any other form of advertising) have been removed prior to the shoot per MLS requirements.
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.com, Redfin.com, 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 maximums are 2048 x 1536 or 3264 x 2448),
- Color space (almost always sRGB)
- Maximum file size (ex. 3MB) of each uploaded image, and
- Mandatory file naming conventions, if any.
SCOPE OF DELIVERY:
Images delivered will be high-quality JPG files at 2048 x 1536 or 3264 x 2448 maximum pixel dimensions and at a 4:3 aspect ratio and in the sRGB color space for presentation on MLS or as otherwise specified by the Realtor®/Agent prior to the shoot. Images will be delivered electronically within 24 hours of the shoot.
CANCELLATION & RESCHEDULING:
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. If the home has not been fully prepared for the shoot by the time the photographer arrives to do the shoot, a fee of 25% of the base fee will be applied to the fee for the job. Rescheduling will be subject to the photographer’s availability. A cancellation fee 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 will apply. Rescheduled appointments will be subject to the photographer’s availability.
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 Realtor®/Agent for:
- The purpose of listing a single property only.
- Term of the listing, not to exceed the life of the listing or 1 year from date of delivery to the Realtor®/Agent, whichever comes first. Licensing/usage begins at the moment 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 Realtor®/Agent has permission to use the delivered images on any electronic or printed form of advertisement for the promotion of the property. The license provides the Realtor®/Agent with the limited right to reproduce, publicly display, and distribute the images only for promotional or advertising purposes directly related to the sale of the property. Images used for any purpose not directly related to the sale of the Property must be with the express written permission of SparkWerx Images, LLC, and the payment of additional fees unless otherwise agreed to in writing. Images are licensed only to the original Realtor®/Agent and may not be assigned to or used by 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 Realtor®/Agent 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.
The Federal Copyright Act of 1976 clearly states 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 and all digital files remain the property of SparkWerx Images, LLC, and will not be transferred to any other party. The only rights granted to the photographs are those specifically set forth under Limited License Image Release. Copyright watermarks will be applied unobtrusively to all final images delivered and may not be obscured or removed physically or digitally. Metadata attached to each image may not be removed or altered in any way.
Image credit must be given to SparkWerx Images, LLC, when used in printed materials 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. SparkWerx Images, LLC, will retain unrestricted rights to use any of the photos in our professional portfolio.
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.
Payment must be received in full prior to delivery of final images. No usage rights are granted until payment is received in full. Licensing/usage begins at moment of delivery to client. Failure to make timely payment shall be deemed a willful act of copyright infringement under the United States Copyright Act of 1976, and 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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