The Photographer and the Client agree to the following:)
Independent Contractor. It is agreed that the Photographer will be considered an independent contractor for the purposes of this Contract, that they will maintain their own independent business and furthermore will use their own tools and equipment in fulfilling the Contract.)
Taxes. Any taxes due as part of the Photographer providing their Services in this Contract are the sole responsibility of the Client.
Important Moments. Any and all-important details for the shoot must be properly communicated with sufficient notice to the Photographer.
Property Condition
Client acknowledges that Photographer will shoot the home in arrival condition.
Additional Services must be requested by the Client in writing and are subject to rejection by the Photographer should
said request be impossible or inconvenient to meet. Should a request for Additional Services be accepted, the Client agrees to pay for any and all fees charged by the Photographer for such)
Damage to Equipment. The Client will be responsible for any damage or loss to the Photographer's equipment due to misuse or theft by the Client or any guest of the Client and in the case of a force majeure event (including but not limited to fires, floods, inclement weather, and earthquakes).)
Liability and Indemnification. The Photographer will not be liable for direct, indirect, incidental, or consequential damages (including, but not limited to, damages for lost profits or increased expenses) with respect to any claim related to this Contract and the Services provided.The Client indemnifies and holds harmless the Photographer and any subcontractors working with the Photographer against all liability related to the Client's Event from the date of the Event and on into the future. The Client will assume all legal fees claimed by third persons, provided that such loss or damage was not caused by the fault or negligence of the Photographer or its employees, agents, or subcontractors. Furthermore, the Photographer has the right to cancel, at any time and without notice, the Services mentioned in this Contract with no liability or obligation to the Client other than refunds of any Deposit or advanced payments made by the Client.
Michael J. Frawley / SoCal trading LLC retains image copyrights as is standard practice in the photography industry. The Client agrees to a single use, non-transferable, non-exclusive image license. For real estate agents that image license is good for the duration of the listing and expires once the listing is sold, canceled or reassigned to another agent.
For all others the license does not expire. This is a non-transferable license, meaning the Client, as the licensee, may not sell, give or loan the photos to any other party. The Client possesses wide leverage to use them for marketing and promotional needs.
This license is also non-exclusive, meaning the copyright holder may sell multiple licenses for the same images.