This Agreement, unless a prior written agreement is established, applies to the photographs, videos, digital assets, or digital images ("Photos") taken by the Photographer for the Client's property ("Property").
1. Rights and Usage: The Photographer retains sole copyright and ownership of the Photos. The Client is granted limited rights to use the Photos solely for promoting the Property's business or sale. Uploading to short-term rental websites (e.g. Airbnb, VRBO, Booking.com, TripAdvisor.com) is permitted during this Agreement. Any use not directly related to the advertising of this specific Property requires written permission and may involve additional fees.
2. Duration of Rights: The grant of rights extends in perpetuity for the uses in the agreement only.
3. Relationship and Creation: The Photographer operates as an independent contractor, and this Agreement does not establish an employer-employee relationship. The Photographer has creative control. Delivery of Photos is in standard formats determined by the Photographer.
4. Fees, Cancellation, and Indemnification: Fees are due regardless of Photo usage. Cancellation incurs expenses and fees. The Client indemnifies the Photographer against claims related to Photo use.
5. General Terms: This Agreement supersedes previous agreements and follows Oregon state laws. Litigation occurs in Lane County, Oregon courts. Disputes may be subject to mediation or arbitration.
6. Miscellaneous: In the event of a provision being deemed invalid, the remaining provisions remain valid. No action except written waiver affects the Agreement.
By accessing the Photos, the Client acknowledges and agrees to this Agreement in its entirety, asserting ownership or authorization of the property.
By purchasing these photos, I hereby acknowledge that I have read, understand, and agree to the agreement in its entirety. It also states that I am the owner and/or authorized representative of the property and give full authorization of the terms of the agreement.