Copyright Notice: North Sound Photography (also referred to as Photographer) is the exclusive copyright holder of all images produced. Full image rights are not sold or granted, Agents/Clients receive limited licenses. Downloading and use of images signifies acceptance of these terms and conditions. These terms are in effect for all current and future bookings unless specified otherwise.
Photo Rights and Usage for Real Estate Photography: The original Agent/Client who paid for service has permission to use the images on any electronic or printed form of advertisement for the promotion of that property, including MLS and 3rd party listing sites. The licensing agreement is valid only for the duration the home/property is listed for sale and cannot be reused without specific written permission from Photographer. North Sound Photography must be made aware, credited, and compensated for any printed or digital publication/use where photos are not being used for the direct marketing of the sale of the property.
Agents/Clients may not sell, transfer, or gift any images for any reason to any third party, including to another agent who takes over an expired, withdrawn, or cancelled listing. These third parties also include builders, stagers, and any other contractors associated with the property or agent. Image licenses are non-transferable. If third parties request use of images, please refer them to North Sound Photography.
North Sound Photography reserves the right to re-license the photos.
Beyond the duration of the listing, your license includes the use of the images for your personal business marketing, provided the images are credited, either by watermark or in writing, to North Sound Photography. Non-credited images are available for a separate license fee. In addition, the primary listing image may be used by both your parent company and the MLS solely for listing comparisons. No other usage of any image is included in this license beyond the duration of the listing without the express permission, in writing, from North Sound Photography.
Failure to pay for the images will result in a copyright infringement/violation. You will be asked to remove the image from any electronic or printed form of advertisement within 24 hours. Failure to stop using them will result in further action.
Once photos have been delivered, the Agent/Client may not make any digital alterations, editing, or "photoshopping" to the photos unless to crop the images. If there is an issue or concern with editing or photos please contact North Sound Photography, but do not make alterations as this is a violation of copyright.
Relationship of the Parties: The parties agree that North Sound Photography is an independent contractor, and that neither Photographer, nor Photographer’s employees or contract personnel are, or shall be deemed to be, employees of Agent/Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Photographer and the Photos or any other deliverables prepared by Photographer shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.
Payment: Payment is expected within 7 days of delivery of the images and invoice. If for any reason payment is not made within thirty (30) days from the date of delivery, the Rights granted to you will terminate automatically.
General Law/Arbitration: This Agreement sets forth the entire understanding and agreement of the parties and supersedes any and all prior agreements between the parties. This Agreement shall be governed and interpreted and enforced in accordance with the laws of the State of Washington. Any claim or litigation arising out of this Agreement or its performance may be maintained only in courts physically located near Stanwood, Washington, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties.
Severability: If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
Waiver: No action of either party, other than express written waiver, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such rights or remedies will not preclude further exercise of other rights or remedy.
Right to Refuse: North Sound Photography reserves the right to refuse service.
Expectations of Agent/Owner: Agents and homeowners are expected to have the property cleaned and staged prior to the photo shoot.
Payment: Payment is expected within 7 days of delivery of the images and invoice. If for any reason payment is not made within thirty (30) days from the date of delivery, the Rights granted to you will terminate automatically.
Cancellation and Rescheduling Policy: By scheduling service you affirm that the property is ready for photos to be taken. You also understand that we charge a cancellation fee when we must leave a property that is not ready. This includes, but is not limited to: property not ready, staging incomplete, construction, agent/owner not home, no key in lockbox, last minute cancellation, etc.
Weather Policy: We photograph in all weather. If rain is present the client will be given the option to reschedule at no additional charge, this does not apply to cloudy skies or lack of sun.
Photo Guarantee: North Sound Photography will make every effort to ensure the final images are of the highest quality and represent the property in the best way. Sometimes however, an Agent/Client may feel these images do not meet those expectations. In this case, please notify North Sound Photography within five (5) business days and we will work closely with you to correct the issue and photos. A reasonable amount of re-editing will be performed at no additional cost. If a return trip is requested due to issues in the photos regarding decluttering, additional photos not specifically requested prior to shoot, or other aspects that are not directly the responsibility of North Sound Photography, there will be a charge. A reshoot fee will be charged to the agent/client, unless it is the direct responsibility of the photographer (ie. missing specific shot requested prior to shoot, issue with quality of image).
Delivery of Photos and Storage: For most standard shoots, North Sound Photography guarantees a 24 hour or less turnaround time, unless otherwise discussed. Some photo shoots of larger properties or with extensive editing/special requests, such as luxury, twilight, and aerial videography may take up to 48 hours. North Sound Photography will also maintain a photo backup and provide access to the final images for up to 90 days after the photos are delivered to the client via download link. It is highly recommended to download the photos immediately after receiving the download link.
Travel Surcharge: There is no travel fee for properties located within 30 miles of Stanwood, WA. Properties outside of this are subject to a travel fee. A larger travel surcharge will be assessed for properties significantly out of that range.
