Service Agreement for Real Estate Photography
Copyright Notice: Blue Luna Photography is the exclusive copyright holder of the images. Blue Luna Photography retains all rights to the images, including but not limited to, the right to copy, display, and/or publish any and all images, for any reasons, including but not limited to marketing, advertising, print competitions, and for use on Blue Luna Photography’s website, portfolio, blog, and social media platforms. Full image rights are not sold or granted, clients only receive licenses. Licensing may be obtained for various applications of images, please refer to Photo Rights and Usage for Real Estate Photography.
Photo Rights and Usage for Real Estate Photography: The original agent/client who paid for the service has permission to use the images on any electronic or printed form of advertisement for the promotion of that property. 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 Blue Luna Photography. The agent however, may continue to use those photos for personal marketing and branding (website and electronic advertisements) as a courtesy from Blue Luna Photography. Blue Luna Photography must be made aware, credited, and compensated for any printed publication not owned by the agent prior to use (ie. home and land magazines, commercial, real estate websites, etc.).
Agents/clients may not sell any images for any reason to any third party, especially to another agent who takes over an expired, withdrawn, or cancelled listing. Image licenses are non-transferable.
Blue Luna Photography reserves the right to re-license the original photos once the listing is sold/cancelled/expired. If an agent does not want their listing photos re-licensed, they must make that known prior to the photoshoot and can discuss purchasing exclusive photo rights at that time.
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 legal action.
Once photos have been delivered, the agent and/or homeowner 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 Blue Luna Photography, but do not make alterations as this is a violation of copyright.
“Community shots” such as golf course, clubhouse, fitness centers, subdivision signs, etc., may be used and distributed to different agents at the same time. Blue Luna Photography retains all rights to every photo and therefore these shots are stock images. Agents/clients who choose to purchase the community/amenity package may choose a single license for that property or a long-term license to use those images in any future listing in that community.
Duties and Expectations of Client/Agent/Owner: The client is responsible for obtaining all permissions necessary for Blue Luna Photography to photograph at the property. The client/agent/owner understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent photographer from photographing the property is not the fault, liability, or responsibility of photographer.
Agents and homeowners are expected to have the property cleaned and staged prior to the photo shoot. If the property is not ready to be photographed you should make every effort to reschedule 24 hours prior to the shoot. Blue Luna Photography is not responsible for staging, cleaning, decluttering, or landscaping and there is by no means an obligation by the photographer to do these actions. View the Property Prep list on our website by clicking on the button in the “Services” section.
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 $25 service fee when we must return to a property in which it is not our fault. This includes, but is not limited to: property not ready, staging incomplete, construction, agent/owner not home, no key in lockbox, etc. This does include partial photo shoots where the exterior may not be ready or certain rooms are incomplete and the photographer is required to return. Blue Luna Photography also understands that things come up or may change but if a property is rescheduled or cancelled within 24 hours of the scheduled shoot time for reasons other than inclement weather or sickness, there will be a $50 fee. Any cancellation within 2 hours of the shoot or once the photographer has arrived will be subject to 100% of the package amount.
Weather Policy: Blue Luna Photography will not photograph in inclement weather (rain, thunderstorms, hail, high winds, dust storms, blizzards or any weather that causes unsafe traveling conditions). If this weather is present the client will be given the option to reschedule at no additional charge. However, the weather should be evaluated several days prior to the shoot to prevent any rescheduling. The weather policy does not cover rescheduling or cancelling under 24 hours due to cloudy weather or lack of sun (inclement weather must be present in order for the fee to be waived).
Photo Guarantee: Blue Luna Photography will make every effort to ensure the final images are of high quality and represent the property in the best way. Sometimes however, an agent/homeowner may feel these images do not meet those expectations. In this case, Blue Luna Photography will work closely with the agent/homeowner to correct the issue and photos. A reasonable amount of re-editing will be performed at no additional cost.
The client is encouraged to provide a suggested list of any specific photos they would like included to Blue Luna Photography no less than 24 hours prior to the shoot. 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 Blue Luna Photography, there will be a charge. A return/reshoot fee of $50 plus $5 per additional photo requested will be charged to the agent/client, unless it is the direct responsibility of the photographer where then there will not be a charge (ie. missing specific shot requested prior to shoot). Everyone has a different idea of their “best photo” but prior to hiring Blue Luna Photography, please carefully review the portfolio as there will be no refunds issued to clients who are not happy with the “style” of photography.
Delivery of Photos and Storage: For most standard shoots, Blue Luna Photography strives to delivery in 24 hours. Some photo shoots of larger properties or with extensive editing/special requests, such as luxury, twilight, etc. may take up to 48 hours. Blue Luna Photography will also maintain a photo backup and provide access to the final images for up to 60 days after the photos are delivered to the client via download link. After 60 days, Blue Luna Photography cannot guarantee the photos will be available, however if they are there will be a $25 retrieval fee if client requests another copy. It is highly recommended to download the photos immediately after receiving the final download link as this will ensure no future issues.
Indemnification: If Blue Luna Photography is unable to perform services due to any cause outside its control, such as fire, flood, casualty, act of God or terrorism, illness, or any other reasonable cause, the client agrees to indemnify Blue Luna Photography for any loss, damage or liability; however, Blue Luna Photography will return in full all payments made by the client in relation to the photo shoot.
The client agrees to indemnify and hold harmless Blue Luna Photography for any liability, damage, or loss related to technological failure. Cameras, hard drives, and memory cards are subject to technical failure. Blue Luna Photography will take reasonable steps to prevent data loss, but is not liable for loss of data due to technical failure.
The client/agent/homeowner understands and agrees that Blue Luna Photography may have cords, light stands, and other gear at the location. The client/agent/homeowner will hold Blue Luna Photography harmless for any damage, personal injury, or loss caused by tripping over or otherwise being injured from this equipment or any other personal injury which may occur as the client/agent/homeowner works with Blue Luna Photography.
Travel Surcharge: There is no travel fee for properties located within 20 miles of the zip code 16055. Properties outside of these areas are subject to a minimum travel fee of $25 depending on distance. A larger travel surcharge will be assessed for properties significantly out of that.
Right to Refuse: Blue Luna Photography reserves the right in its sole discretion to refuse service at any time for any reason. At any time, Blue Luna Photography can terminate the relationship with or fire a client for overdue invoices, poor communication, or unreasonable requests.
Payment: Payment is required the day the photos will be released for download. Failure to pay by day 7 will result in a 2% fee of the total that will be assessed every day until the invoice is paid in full. Failure to pay an invoice past due of 14 days or more will result in cease and desist order. Payment may be made with cash, check or credit card. Pennsylvania state sales tax of 6% will be applied to all invoices. A 3% convenience fee will be applied to all credit card transactions.
By visiting or using any website owned by Blue Luna Photography, or by hiring to provide photographic services, 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 Blue Luna Photography.
If you do not wish to be bound by these terms and conditions, please do not visit or use Blue Luna Photography’s website, www.bluelunaphotography.com, or the photographic services of Blue Luna Photography.
Blue Luna Photography retains the right to change the above terms at any time without notice.