Terms and Conditions

Rights:

All Photos and rights relating to them, including copyright and ownership rights in the media in which the Photos are stored, remain the sole and exclusive property of SNAP Architectural Photography LLC. This license provides the Client with the limited right to reproduce, publicly display, and distribute the Photos only for promotional or advertising purposes directly related to the sale of the Property. Photos used for any purpose not directly related to the sale of the Property must be with the express permission of Photographer and the payment of additional fees, unless otherwise agreed to in writing.

Photos may be uploaded to any MLS listing service solely for promotion of the Property. However, regardless of any terms and conditions of the MLS, at no time does this Agreement provide Client with the right to transfer copyright, or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106. Photos may contain copyright management information (CMI) at the discretion of SNAP Architectural Photography LLC in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to SNAP Architectural Photography LLC for any penalties and awards available under the statute.

Unless otherwise specifically provided elsewhere in this document or other signed agreement between the parties, any grant of rights is limited to a term of either one (1) year from the date of this Agreement, or (2) at the termination of Client’s representation of the Property, whichever occurs first. Further use of images beyond one (1) year requires Photographer’s permission and additional fees. Rights are assigned to the Client immediately upon delivery and payment of the Photos.

Relationship of the Parties:

SNAP Architectural Photography LLC, nor SNAP Architectural Photography LLC’s employees or contract personnel are, or shall be deemed to be, employees of Client. No agency, partnership, joint venture, or employee-employer relationship is intended. SNAP Architectural Photography LLC and the Photos or any other deliverables prepared by SNAP Architectural Photography LLC shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are expressly defined by this document.

Creation:

The manner and method of creating any Photographs is solely at the discretion of SNAP Architectural Photography LLC and the Client has no right to control Photographer’s manner and method of performance. SNAP Architectural Photography LLC will use their best efforts to: (a) ensure that the Photos conform to Client’s specifications; and (b) submit all Photos to Client in publishable quality, on or before the applicable deadlines.

Delivery:

SNAP Architectural Photography LLC may select delivery of photographs in JPEG, TIFF, PNG, or other standard format, at a resolution that Photographer determines will be suitable for the Photos as licensed. It is the Client’s responsibility to verify that the Photos are suitable for reproduction and that if the Photos are not deemed suitable, to notify the Photographer with five (5)business days. SNAP Architectural Photography LLC’s sole obligation will be to replace the Photos at a suitable resolution but in no event will SNAP Architectural Photography LLC be liable for poor reproduction quality, delays, or consequential damages.

Unless otherwise specifically provided, SNAP Architectural Photography LLC is not responsible to provide images 1) larger than 8”x10” at 300 dpi or 2) in a format higher than 8-bit or in RAW format. SNAP Architectural Photography LLC has no obligation to retain or archive any Photos delivered to Client.

Fees:

All fees and expenses payable are required before photos are available for download and no later than 10 (10) business days from the date of the Photo shoot and payable irrespective of whether Client makes actual use of the Photos. If full payment has not been received within thirty (30) days all rights are revoked at Photographer’s discretion. In the event rights are revoked, all images in the possession of Client will be removed from all forms of media and permanently destroyed within ten (10) days. Client shall provide Photographer with written statement that all images have been removed and destroyed.

Cancellation Policy:

If Client cancellation of Photo shoot occurs on the same day of Photo shoot, Client will pay a twenty-five (25)% cancellation fee. If Photographer is en route during cancellation or arrives at property and the property is inaccessible or not ready for Photo shoot, Client will pay a fifty (50)% cancellation fee.

Transfer and Assignment:

Client may not assign or transfer any rights granted in this document.

Indemnification:

Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Photos or materials furnished by Client. It is the Client’s responsibility to obtain the necessary model or property releases are ensure they are full effect and in force.

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.

Communication:

SNAP Architectural Photography LLC may contact you vie phone, text or email in order to communicate important appointment information and better serve you. By scheduling our services you agree to these terms. By calling or texting this number 877-717-7627, Customers agree to receive text messages, If you no longer wish to receive text messages, you may opt-out at any time by replying "STOP".

Photographer Agreement Terms Clause - Customer Retention and Non-Circumvention:

Photographers contracted through SNAP acknowledge and agree to the following terms:

1. **Exclusive Partnership:** Photographers explicitly recognize that all clients secured through SNAP's booking platform are considered the exclusive customers of SNAP for the duration of the agreement.

2. **Non-Circumvention:** Photographers shall not, directly or indirectly, attempt to circumvent SNAP's services, or solicit, entice, or encourage clients booked through SNAP to engage in business transactions outside of the SNAP platform.

3. **Customer Retention:** Photographers commit to refraining from any marketing, solicitation, or communication that aims to divert SNAP-acquired clients to book services directly with the photographer, either during or after the contractual period with SNAP.

4. **Confidentiality:** Photographers shall treat all client information obtained through SNAP as confidential and proprietary. This information may not be used for any purpose other than fulfilling the contracted services through SNAP.

5. **Duration of Obligation:** The obligations outlined in clauses 2 and 3 shall remain in effect during the term of the agreement and for an additional one (1) year following the termination or expiration of the agreement between the photographer and SNAP.

6. **Consequences of Violation:** Any violation of this clause may result in the termination of the photographer's agreement with SNAP, and SNAP reserves the right to pursue legal remedies for damages incurred.

By continuing to accept bookings through SNAP's platform, photographers affirm their understanding and acceptance of these terms, acknowledging the importance of maintaining the integrity of the business relationship between SNAP, photographers, and clients.

This agreement is effective upon acceptance and shall remain in force for the duration of the photographer's engagement with SNAP and for a period of one (1) year thereafter.