Real Estate Photography Terms and Conditions

1. COPYRIGHT AND OWNERSHIP OF THE IMAGES:

(1.1) The Photographer, Vorsprung Studio CC, remains the sole owner of all images photographed and supplied to the client(s) as well as the copyright owner of all work created, produced, photographed, and edited.

(1.2) The Copyright of all material produced, including but not limited to photographs, prints, transparencies, images, digital images, negatives, digital scans, digital files, design, artwork, montages, drawings, engravings and/or any other photographic product or other products comprising or containing reproduction of any form of photographic material, and which has been created by the Photographer, is retained worldwide by the Photographer at all times and nothing shall be deemed as a release, transfer, assignment or other disposal of the Photographer’s rights in the material. Original and edited files remain the property of the photographer at all times and the photographer reserves all copyrights on all materials as well as full ownership of all images.

2. PROPERTY RELEASE FOR PHOTOGRAPHY:

(2.1) It is the Real Estate Agent and Real Estate Agencies responsibility to let the owner of the property sign a property release form with the below minimum requirements therein:

(2.1.1) Owner’s Permission and Rights Granted I own or control the Property. By signing this release, I hereby give the Photographer and Assigns my permission and all rights to use the Images depicting the Property in any Media, for any purpose, which may include, among others, advertising, promotion, marketing, and packaging for any product or service.

(2.1.2) I agree that the Images may be combined with other images, text, and graphics and cropped, altered or modified. I agree that I have no rights to the Images, and all rights to the Images belong to the Photographer and/or Assigns. I acknowledge and agree that I have no further right to additional Consideration or accounting and that I will make no further claim for any reason to Photographer and/or Assigns. I acknowledge and agree that this release is binding upon my heirs, assigns and any other person claiming an interest in the Property. I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws of South-Africa, excluding the law of conflicts.

(2.1.3) I represent and warrant that I am at least 18 years of age. I have the full legal capacity and right to execute this release and grant the rights herein granted with respect to the Property, and to bind all persons claiming an interest in the Property. I consent to the inclusion of this Property Release form including the details recommended in it being added to the public database owned or operated by Vorsprung Studio or its subsidiary.

(2.1.4) Property Release for Photography Definitions:

1. 1. “Assigns”
    means a person or any company to whom Photographer has assigned or licensed rights under this release as well as the licensees of any such person or company.
  2. “Consideration”
    means something of value I have received in exchange for the rights granted by me in this release.
  3. “Images”
    means all photographs taken of the property and or models as part of the shoot.
  4. “Media”
    means all media including digital, electronic, print, television, film and other media now known or to be invented.
  5. “Model”
    means me and includes my appearance, likeness, and form.
  6. “Shoot”
    means the photographic or film session described in this form.

3. PACKAGE TERMS AND CONDITIONS:

(3.1) All packages include:

25 kilometers traveling from Kleinmond Central.
All basic edited images will be supplied via OneDrive.
Images will be delivered as specified under clause 9.

(3.2) All packages exclude:

Image manipulation edits where we have to edit out cables etc.
Traveling above the allocated traveling included in your package.
Waiting period for cleaning and styling.
Styling and cleaning services – we are not cleaning your client’s property!

4. PAYMENT TERMS:

(4.1) Invoices will be sent from acc@vorsprungstudio.com to the Real Estate Agent or the Real Estate Agencies Finance Team.

(4.2) Invoices must be paid in full before images will be delivered.

(4.2) In the event where images are supplied by Vorsprung Studio before the payment. The client(s) will be responsible to pay a usage fee per image, which will be calculated at the time being. The usage fee will be charged per image per day from the dat ethe images was supplied to the client(s) until the date payment was received from the client(s)

5. CANCELLATION TERMS:

(5.1) The estate agent/ client(s) should cancel a booking 24 hours before the shoot time.

(5.2) If the estate agent/ client(s) do not cancel within the above-mentioned time period specified in item 5.2, the estate agent/ client(s) will be liable to pay for the shoot in full.

6. REFUND TERMS:

(6.1) Vorsprung Studio CC will not do any refunds for already paid invoices.

7. EDITING TERMS:

(7.1) Included in the Real Estate Photography packages:

(7.1.1) Basic editing which includes the below:

- - Brightness adjustment.
  - Contrast adjustment.
  - Saturation adjustment.
  - Straighten and Alignment adjustment.
  - Colour Correction adjustment.
  - Lens Correction adjustment.

(7.2) Excluded in the Real Estate Photography packages:

(7.2.1) Any other editing not listed under item 7.1 above.
(7.2.2) Image manipulation edits (examples: editing out an object, editing in an object, edit marks on walls, etc.)
(7.2.3) HDR Photography
(7.2.4) You may request additional editing and manipulation edits via e-mail to the photographer. There will be a charge of R 500 per image for additional editing.

8. TRAVELLING:

(8.1) All packages include 25 kilometers traveling from Kleinmond Central. Thereafter you will be charged at R 5 per kilometer traveled.

9. IMAGE DELIVERY:

(9.1) All images will be delivered via OneDrive.
(9.2) Images will be delivered within 72 hours after the photoshoot. This excludes weekends and public holidays.
(9.3) Vorsprung Studio has a speed delivery service available an additional cost, where your images will be delivered within 24 hours after the photoshoot.

10. IMAGE BACKUPS:

(10.1) All image backups are an added benefit and not a paid-for service, so thus not compulsory for the photographer to keep the files.

(10.2) Image backups are not guaranteed. It is the Real Estate Agent / Agencies’ own responsibility to back up all images supplied to the Real Estate Agent / Agencies.

(10.3) All materials will be kept on a local server at the photographer’s office for a period of 6 months after the date of the photoshoot. Thereafter the Real Estate Agent / Agencies photographs will be backed-up on our off-premises servers for security.

(10.4) Any orders processed after the 2 months period might take up to 4 weeks to gain access to the off-premises back-up server. Should the Real Estate Agent / Agencies request access after 2months of the shoot date there will be an Archival fee chargeable of R 300.

(10.5) Image backups are an additional free service we offer and we cannot be held liable for the loss or damage of any imagery after the original delivery of products or services to the Real Estate Agent / Agencies.

11. PHOTOGRAPHER/ VORSPRUNG STUDIO IS ALLOWED TO USE IMAGES FOR MARKETING:

(11.1) The Photographer is the sole owner of all images and the sole copyright owner of all images.

(11.2) The Photographer has the right to use all images for his/her marketing and portfolio.

12. LIABILITY LIMITATION:

(12.1) Upon the unlikely event of total photographic failure, or the cancellation of this contract by either party or in any other circumstance, including but not limited to negatives and/or digital files being lost, damaged, stolen, or destroyed, the liability of one party to the other shall be limited to the total value of the contract, but shall not include a refund for any goods already received. Neither party shall be liable for indirect or consequential loss.

13. PROPERTY CONDITION:

(13.1) It is the responsibility of the real estate agent and the owner of the property to make sure that the property is neat and clutter-free and photoshoot ready. The photographer WILL NOT help you clean.
(13.2) The photographer will charge you if he is at the property and you are still cleaning or styling the property.
(13.3) It is the real estate agents responsibility to style the property. The photographer WILL NOT help you style.

14. PHOTOSHOOT TIME AND DATE:

(14.1) Vorsprung Studio does not use any flash photography for real estate photoshoots.
(14.2) Vorsprung Studio cannot be held liable for harsh light and overexposed exteriors or interiors because the photoshoot was not done at dawn or dusk times.

15. UPDATES TO TERMS AND CONDITIONS:

Vorsprung Studio CC has the right to update terms and conditions from time to time. Below is a list of dates Terms and Conditions were updated on:

6 October 2020