Terms and Conditions
Real Estate Photography
Copyright: James Elledge Photography is the copyright holder of the images. The copyright of an image is not transferred to any other party unless a specific written agreement is made.
Photo Rights and Usage for Real Estate Photography: We retain copyrights as is standard practice in the photography industry. You purchase a single-use, non-transferable, non-exclusive image license. The original agent who paid for this service has permission to use these images on any electronic or printed form of advertisement for the promotion of that property. This is a non-transferable license, meaning you, as the licensee, may not sell, give or loan the photos to any other party. You do have wide leverage to use them for your marketing and promotional needs, however. This license is also non-exclusive, meaning the copyright holder may sell multiple licenses for the same images. The photos may also be used by the Client’s parent company for the sole purpose of marketing the specific property photographed.
Images cannot be sold to another agent who takes over an expired or withdrawn listing. 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. Failure to stop using them will result in legal action.
Builders, stagers, designers, and others who wish to use images taken by James Elledge Photography should contact us for specific licensing information.
Payment: All agreed-upon fees and expenses are due within 10 days of receiving the images. James Elledge Photography reserves the right to cancel, postpone, or refuse to schedule subsequent photoshoots until the account is made current.
Relationship of the Parties: James Elledge Photography is an independent contractor, and shall not be deemed to be an employee of the Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this agreement. Neither party is authorized to act as an agent or bind the other party except as expressly stated in this agreement.
Cancellation Policy: We kindly ask for 24 hours’ notice if you need to change or reschedule your appointment. However, we understand that unforeseen situations arise when listing a property, so please let us know if the situation is beyond your control.
Portrait/Lifestyle Photography
Copyright: James Elledge Photography retains the copyright to all images. The images that are being provided to you are licensed to you for any reasonable personal purposes, including but not limited to: printing, copying, emailing, and web publishing. You are granted permission by James Elledge Photography to reproduce the images and make an unlimited number of prints, for personal use only. Your license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature. Your purchase of the original files releases James Elledge Photography from any liability due to loss or damage of the images and also releases James Elledge Photography from any obligation to maintain copies of any digital file, image, or photograph. You hereby grant James Elledge Photography the right to use and publish images and photographs taken at your photography session to further promote its service, including portfolio, website, display, advertisement, and editorial use. James Elledge Photography retains all copyrights to the images and derivative works thereof. By using any of these images, you are agreeing to the above terms.
Cancellation Policy: The client has the right to a three (3) day grace period to exit the contract from the date of signing. James Elledge Photography must be notified in writing. After that, the client may cancel with us in writing 14 days prior to the date of your shoot. If cancellation occurs within 14 days of the scheduled shoot or we cannot accommodate your new date, the client hereby forfeits their initial deposit. The client may reschedule within 72 hours of the shoot date, and we must be notified in writing.
Social Media: This clause applies to social media including, but not limited to Facebook, Instagram, and blogs. When published online it is required that citation of photographer be made. The client agrees that they will under no circumstances alter the photographer’s photographs that are placed in public or on the internet. James Elledge Photography needs photographs to remain an accurate representation of our work so that future clients have a good understanding of our brand and style. The client agrees to be responsible for any family member or friend who posts our photographs online and agrees that they cannot be cropped (with the exception of forced cropping on social media), altered in color, or edited in any way.
Contract terms: If there are any disputes or actions resulting in legal proceedings related to the contract, such actions shall take place in and be subject to the laws of Boise, ID. Clients accept sole financial responsibility for any legal fees or related costs incurred by James Elledge Photography in enforcing the terms of the contract. Any failure by one or both parties to uphold or enforce a provision of this contract shall not constitute a waiver of any other provision of this contract.