Real Estate Booking
Real Estate Agreement
By booking a SHOOT with Lance Mosher Creations (PHOTOGRAPHER) at the agreed address and location (PROPERTY) through this website, you (CLIENT), as the owner or the legally authorised representative of the PROPERTY, agree to the following terms.
1. SCOPE OF WORK
This agreement is for services and products related to a photography and/or video shoot (hereafter the “SHOOT”) to take place of the PROPERTY. If SHOOT cannot be completed on the agreed date due to weather or other reasons, PHOTOGRAPHER and CLIENT will negotiate another shoot time.
PHOTOGRAPHER will provide no fewer than the agreed number of photos and videos to CLIENT to view after the SHOOT, and is not required to provide more than this number of photos and videos. PHOTOGRAPHER will perform basic post-processing or digital image editing services on the photo(s) and video(s) where artistically necessary.
CLIENT agrees to pay the PHOTOGRAPHER a non-refundable initial payment totalling 50% of the total price of the photography and/or video services upon agreeing to these terms. The initial payment reserves the PHOTOGRAPHER’s time and is not a deposit. PHOTOGRAPHER agrees to not advertise availability of this same time slot to any other potential clients. If CLIENT cancels this SHOOT for any reason, the initial payment will not be returned to CLIENT. If the initial payment is not received 24 hours prior to the initial time of SHOOT, PHOTOGRAPHER will assume that the SHOOT has been cancelled by CLIENT, unless prior arrangements have been made between PHOTOGRAPHER and CLIENT.
The balance of the payment for photography services must be paid in full no later than 7 days after the date of initial SHOOT. If CLIENT is required to purchase photos separately after the SHOOT, payment for those photos is due no later than the delivery of photos to CLIENT.
3. WORK PRODUCT
PHOTOGRAPHER will deliver photos and/or videos to CLIENT no more than 7 days after the date of the final SHOOT. All photos delivered to CLIENT are licensed for CLIENT's use only.
4. DUTY OF CLIENT, LIABILITY AND INDEMNIFICATION
PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moments, objects, or angles during the SHOOT, though PHOTOGRAPHER will attempt to satisfy CLIENT’s requests.
If PHOTOGRAPHER is unable to perform the services in this agreement due to any cause outside his/her control, CLIENT agrees to hold PHOTOGRAPHER harmless for any loss, damage, inconvenience, or liability; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to SHOOT.
CLIENT understands SHOOT may be accomplished by various methods with various equipment, including, but not limited to, aerial equipment (drones, etc.).
If aerial equipment is to be used, CLIENT agree that he or she is aware of national, regional, and local laws governing the use of aerial equipment, and declares PROPERTY is inside an approved “fly zone.”
CLIENT grants all permissions necessary for PHOTOGRAPHER to photograph or shoot video at the SHOOT, including permission for the use of aerial equipment from and above PROPERTY.
Prior to SHOOT, CLIENT will obtain permission from all owners of adjacent properties for PHOTOGRAPHER to fly aerial equipment above adjacent properties and to enter adjacent properties to capture angles of PROPERTY from an adjacent property during SHOOT.
CLIENT understands and agrees that any failure to obtain any permissions resulting in fines or legal ramifications to PHOTOGRAPHER, or which prevent PHOTOGRAPHER to complete SHOOT of the PROPERTY is the liability of CLIENT, and not the PHOTOGRAPHER.
CLIENT agrees to hold PHOTOGRAPHER harmless for any liability, damage, injury, or loss related to SHOOT.
CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos and/or videos from this SHOOT 90 days after the SHOOT.
PHOTOGRAPHER will strive to present photos and/or videos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.
CLIENT agrees and understands that no other party other than PHOTOGRAPHER may take pictures or videos at the SHOOT.
CLIENT acknowledges that this agreement is perpetually binding upon CLIENT’s heirs, successors, or any other person claiming an interest in the PROPERTY.
5. PROPERTY RELEASE
CLIENT grants permission to PHOTOGRAPHER and his/her assigns, licensees, and sublicensees to use photos and/or videos obtained during SHOOT in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. PHOTOGRAPHER may sell photos and/or videos to third parties.
PHOTOGRAPHER agrees to not make CLIENT’s personal information publicly available, unless used directly in relation to the licensing of the relevant content, where necessary (e.g. to defend claims, protect rights, or notify trade unions) and may be retained as long as necessary to fulfil this purpose, including being shared with sub-licensees/assignees of PHOTOGRAPHER and transferred to countries with differing data protection and privacy laws where it may be stored, accessed and used.
Last updated: May 12, 2021