Photo Rights and Usage of the Photography: The Client is provided with a non-exclusive licensing agreement that grants the licensee the right to use the images on any electronic or printed form of advertisement for the promotion of the sale of the property shot. This licensing agreement is valid only through the sale of property shot and cannot be reused without specific written permission from WOW! Photos. The Client, however, may continue to use the photos for personal marketing and branding (personal website and electronic advertisements) as a courtesy from WOW! Photos. However, WOW! Photos must be made aware, credited, and compensated for any printed publication not owned by The Client prior to use (i.e. Print/Online Magazine, Commercial, Real Estate Website, etc).
Transfer and Assignment: Images, videos, or other media licenses are non-transferable. Any usage of any media by a third party including, but not limited to, architects, builders, stagers, designers, sellers, buyers, agents, or brokerages are strictly prohibited unless prior written approval is given by WOW! Photos. The original Client does not have authorization to sell, transfer, or give away any media for any reason to any third party without prior written consent from WOW! Photos. This includes Agents or Brokerages who take over an expired, withdrawn, or canceled listing. Any violation of this will result in compensatory damages five times the current prices listed on this site at the time of infringement. There shall be no agreements made between the original listing Agent and the new one regarding media created by WOW! Photos for a canceled, expired, or sold listing. Only Agents and/or Clients that obtain a non-exclusive licensing agreement with WOW! Photos are allowed to use any media created.
This agreement incorporates by reference the Copyright Act of 1976, as amended. It also incorporates by reference those provisions of Article 2 of the Uniform Commercial Code that do not conflict with any specific provisions of this agreement; to the extent that any provision of this agreement may be in direct, indirect, or partial conflict with any provision of the Uniform Commercial Code, the terms of this agreement shall prevail. To the maximum extent permitted by law, the parties intend that this agreement shall not be governed by or subject to the UCITA of any state. WOW! Photos is an independent contractor and not an employee. If photographer is deemed under any law to be an employee of Client, and if the Images are therefore considered works made for hire under the U.S. Copyright Act, Client hereby transfers the copyright to all such Images to WOW! Photos. Client agrees to execute any documents reasonably requested by WOW! Photos to accomplish, expedite or implement such transfer.
Alterations: Client may not make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images, alone or with any other material, including making digital scans unless specifically permitted on the reverse side, except that cropping and alterations of contrast, brightness, and color balance, consistent with reproduction needs may be made. Please contact WOW! Photos to make any changes to the delivered media. Any services that include editing or any requests to edit images or any other media, which may mislead or deceive consumers in any way, is the Client’s responsibility and WOW! Photos cannot be held responsible. This includes, but is not limited to, Sky Replacements and Virtual Staged photos.
Indemnification: Client will indemnify and defend WOW! Photos against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any Images or arising out of use of or relating to any materials furnished by Client. Unless delivered to Client by WOW! Photos, no model or property release exists, and it is Client’s responsibility to obtain the necessary permissions for usages that require any model or property releases not delivered by WOW! Photos. It is Client’s sole responsibility to determine whether any model or property releases delivered by WOW! Photos are suitable for Client’s purposes. WOW! Photos’s liability for all claims shall not exceed in any event the total amount paid under this invoice.
Disputes: Except as provided in [8] below, any dispute regarding this agreement shall, at WOW! Photos’s sole discretion, either: (1) be arbitrated in New York, NY, under rules of the American Arbitration Association and the laws of NY; provided, however, that irrespective of any specific provision in the rules of the American Arbitration Association, the parties are not required to use the services of arbitrators participating in the American Arbitration Association or to pay the arbitrators in accordance with the fee schedules specified in those rules. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $5,000 or less may be submitted without arbitration to any court having jurisdiction thereof. OR (2) be adjudicated in New York, NY under the laws of the United States and/or of NY. (3) In the event of a dispute, Client shall pay all court costs, WOW! Photos’s reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of WOW! Photos.
Federal Jurisdiction: Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by WOW! Photos under the Copyright Act of 1976, as amended, including subsidiary and related claims.
Expectations of Clients: WOW! Photos will photograph the property on the scheduled appointment “As Is” condition. WOW! Photos is not responsible for staging, cleaning, de-cluttering, or landscaping. At the discretion of WOW! Photos, we
will help with light staging, cleaning, or de-cluttering, but will not be guaranteed. The Client is responsible for the presence of an authorized representative at the shoot to approve WOW! Photos’s interpretation of the project. If a Client or Client’s representative is not present, WOW! Photos’s interpretation shall be deemed acceptable. All properties will be shot “As Is.” Your input is important when choosing the best rooms and angles to photograph. Absent your input, WOW! Photos will use his/her best judgment and experience to decide how best to photograph the property.
Cancellation and Rescheduling Policy: The “No-Hassle Cancelation Policy refers to canceling more than 2-hours prior to a scheduled appointment and rescheduling for the same address. If both of these criteria are not met, you are subject to a $50 cancelation fee. Any shoot canceled within 2 hours of a booked appointment is subject to a $50 cancelation fee. By scheduling a shoot, you affirm that the property is ready or will be ready for photos to be taken at the scheduled time. You also understand that we may charge a $150 service fee if we must return to a property in which it is no fault of our own. This includes, but is not limited to, property not ready, staging incomplete, construction, and/or the agent not present, owner not home, no key in the lockbox, etc. This includes partial photo shoots where the exterior may not be ready or certain rooms are incomplete and WOW! Photos is required to return. When there is extreme weather, the $50 fee may be waived; however, the weather should be evaluated several days prior to the shoot and therefore the Client is still responsible for the rescheduling fee if rescheduled within 2 hours of a set appointment.
Photo Guarantee: WOW! Photos will make every effort to ensure the final images, videos, and other media are of high quality and represent the property in the best way possible. Sometimes, however, a Client may feel these images do not meet those expectations. In this case, WOW! Photos will work closely with the Client to correct the issues with the media. A reasonable amount of re-editing will be performed at no additional cost. If a return trip is requested due to issues in the media regarding de-cluttering, re-staging, additional photos not specifically requested prior to/at the shoot, or other aspects that are not directly the fault of WOW! Photos, there will be a return/re-shoot fee of $50 plus $10 per additional photo requested and will be charged to the Client, unless it is the direct responsibility of WOW! Photos wherein there will be no charge (i.e. missing specific shot requested prior to shoot, unusable photo due to lack of quality, etc.) Should the Client still be not fully satisfied with the photos, WOW! Photos will issue a full refund to the Client, if requested, within seven (7) days of delivery, as long as the listing is not under contract. If a full refund is issued, however, the Client will have no licensing rights to the media and will delete and discontinue the use of any of the photos taken. The Client understands that WOW! Photos may and will take legal action for any copyright infringement.
Delivery of Photos and Storage: For most standard shoots, WOW! Photos has a 24-hour or less turnaround time, but some photo shoots of larger properties or with extensive editing/special requests, such as luxury or twilight photos may take up to 48 hours. Video services may take up to 72 hours. WOW! Photos will also maintain a photo backup and provide access to the final images for up to 120 days after the photos are delivered to the Client via download link. After 120 days, WOW! Photos cannot guarantee the photos will be available. It is highly recommended to download the photos immediately after receiving the final download link as this will ensure no future issues.
Travel Surcharge: There is no travel fee for properties located within the New York City metropolitan area. Properties outside of these areas are subject to a travel surcharge starting at $20 depending on the property location.
Payments: All payments made on our website will be processed using Stripe. Unless other arrangements have been made prior to appointment, payment is expected at the time of booked of the appointment and/or delivery for any media to the Client. Any services that have been provided at the listing property must be paid for regardless of listing becoming expired, withdrawn, canceled, or under contract. Failure to pay an invoice past due of 90 days or more will result in copyright infringement and will result in legal action.
By booking any services with WOW! Photos you are agreeing to be bound by these terms and conditions. You are also acknowledging that such agreement constitutes a binding contract between you and WOW! Photos.
***ALL TERMS & CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE***