Terms of Service - NJ Real Estate Photo Pros

Section 1 – Image Use

1.1 All images are licensed exclusively to the client for the life of the property listing. They can be used in real estate marketing materials, both print and digital. The license is non-transferable and non-exclusive.

1.2 Images cannot be resold, distributed, or used by third parties without express written consent from NJ Real Estate Photo Pros.

1.3 The client may crop, resize, or otherwise alter the images for marketing purposes but cannot manipulate them in a way that misrepresents the property.

Section 2 – Ownership and Rights

2.1 NJ Real Estate Photo Pros retains all copyrights and ownership of images, floor plans, virtual tours, and other media produced.

2.2 The client does not gain ownership of the images but is granted a limited-use license strictly for marketing the specific property.

2.3 NJ Real Estate Photo Pros may resell or license images to other clients after the property listing expires, provided the original client is notified.

Section 3 – Exclusivity and Prohibited Use

3.1 The client agrees not to use the images for purposes unrelated to the property’s sale, lease, or rental without express written consent.

3.2 Images may not be used in defamatory, obscene, or inappropriate contexts, including political or commercial ads unrelated to the property.

3.3 Violation of these conditions will result in the immediate termination of the license and potential legal action.

Section 4 – Termination and Breach

4.1 The license will automatically terminate if the client fails to comply with the terms or does not make payments due. Upon termination, the client must cease using all images and remove them from all digital and print media.

4.2 NJ Real Estate Photo Pros reserves the right to seek damages, including loss of business or copyright infringement fees, if the terms of use are violated.

Section 5 – Booking, Cancellations, and Rescheduling

5.1 Bookings must be confirmed in writing via email.

5.2 Cancellations must be made at least 24 hours in advance for standard shoots and 72 hours in advance for larger projects such as virtual tours or drone shoots.

5.3 Late cancellations will incur a 50% charge if canceled within 12 hours of the shoot. If cancellation occurs after the photographer arrives on-site, a 75% fee will be charged.

5.4 Rescheduling may be done without a penalty if made within the required cancellation timeframe. Weather-related rescheduling is exempt from penalties.

Section 6 – Liability and Indemnification

6.1 NJ Real Estate Photo Pros will not be liable for any damages, including loss of business or reputation, resulting from the misuse or unauthorized use of images.

6.2 The client agrees to indemnify NJ Real Estate Photo Pros against any claims or legal actions arising from improper use of the images or breach of these terms.

Section 7 – Image Editing and Final Delivery

7.1 All images will be edited for quality, including color correction, cropping, and basic enhancements.

7.2 Advanced retouching (e.g., object removal, virtual staging) is available upon request for an additional fee.

7.3 Images will be delivered in digital format within the agreed-upon timeframe, typically 24-48 hours after the shoot. Rush services may incur additional charges.

Section 8 – Fees, Payment, and Refunds

8.1 Payment is due upon delivery of images unless otherwise agreed.

8.2 Non-payment within 30 days will result in legal action, including collection of debts owed. The client is responsible for any legal fees incurred.

8.3 Refunds will only be issued for work not performed. Deposits for canceled shoots within the penalty period are non-refundable.

Section 9 – Governing Law

9.1 This agreement is governed by the laws of the State of New Jersey. Any disputes will be resolved in the courts of New Jersey.

9.2 NJ Real Estate Photo Pros reserves the right to seek injunctions or relief in any court of competent jurisdiction to protect its intellectual property rights.