Terms & Conditions

Legal jargon to protect our business and media.

House & Home Photography LLC terms and conditions apply to all customers, clients and end users of the services provided by House & Home Photography LLC’s service including photography, aerials, videography, matterports, etc.

The image license agreement between House & Home Photography LLC and the client is binding. 

Section 1 - Image Usage

1.1 This license is non-exclusive,  non-transferable and individual. It gives the right to use the photographs and videos on any medium, for any utilization.

1.2 This license is granted to you with a time limit based on the life of the property listing with the current client (real estate agent) or until this agreement is terminated. The agreement terminates automatically in 1 year after the license had been granted. This license allows you to manipulate, edit and crop the photographs.

1.3 The following uses are not authorized in compliance with the license granted to you here. Before any usage listed in this paragraph, it is mandatory to contact House & Home Photography LLC for an additional license fee. This includes any use of the digital products in third-party products.

1.4 It is forbidden to resell, sublicense, give, lend, sub-let, distribute the whole or part of a digital product, whatever its size and resolution unless you are acting on behalf of a client as an advertising agency.

1.5 House & Home Photography LLC certifies that it is entitled to all the commercial rights on the photographs.

1.6 All rights on the photographs are owned by House & Home Photography LLC. The granting of this license does not imply a transfer of ownership.

The laws on royalty and copyright protects the photographs. The photographs should be used like any other protected product.

Any representation or reproduction, complete or partial, carried out without the consent of House & Home Photography LLC may be considered a breach of contract.

1.7 House & Home Photography LLC may resell image the rights to third parties, other real estate agents or advertising agencies once the current advertising campaign has ceased.

Section 2 - Disclosure to Vendors, Tenants, Investors or Any Associated Person(s)

2.1 You must disclose these terms and conditions to the client, vendor, tenant, investor or any associated person(s) involved with the property that is being photographed that the images captured are bound by the image use agreement (section 1.1) and that all images captured or produced remain the property of House & Home Photography LLC and may only be used for the life of the listing. 

2.2 The end client or any associated person(s) may obtain copies of the images for personal use only. They must not reproduce, resell or redistribute those images for commercial purposes or marketing use with another selling agent or marketing company. 

2.3 All photography bookings are a direct contract between House & Home Photography LLC and the company booking the job. The end client or any associated person(s) have no involvement in the contract between House & Home Photography LLC and the listing agent and have no rights over any images unless specifically requested.

2.4 Any third party interested in licensing images should contact House & Home Photography LLC directly. Re-licensing fees apply.

Section 3 - Termination

3.1 The license contained in this Agreement may terminate automatically without notice from House & Home Photography LLC  if the client fails to comply with any provision of this agreement or fails to pay any accounts or monies owed. Upon termination, you must immediately:

(i) stop using the Digital Products including Photos, Videos, Aerials and others; and

(ii) Delete any Digital Products including Photos, Videos, Aerials and all copies of the digital media upon request of House & Home Photography LLC .

Section 4 - Resale

4.1 Images may be resold to vendors or interested parties, resale of images can only be done where the original contracting client has permitted for the images to be re-distributed.

4.2 All image resale will incur an admin and re-license fee.

Section 5 - Governing Laws

5.1 This Agreement will be governed in all respects by the laws of California, USA. The Courts of California shall have the non-exclusive jurisdiction to hear any disputes under this Agreement. Notwithstanding the foregoing, House & Home Photography LLC  shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of House & Home Photography LLC , such action is necessary or desirable.

Section 6 - Fees

All images are services are initially licensed at a subsided single usage rate as set out in House & Home Photography LLC current pricing.

Image re-license fee per image is $15 – $100, depending on the image.

Image infringement, copyright and ownership transfer price range based on image, circulation and usage $500 – $2,000 per image.

Section 7 - Unauthorized Image Usage

House & Home Photography LLC holds the copyright to all images, videos, aerials, etc. produced by House & Home Photography LLC Staff and Contractors. All digital products are provided to clients under license only.

Anyone individual, company, corporation or entity using House & Home Photography LLC images without proper written authorization may be liable for costs associated with copyright, damages, loss of business, defamation of brand. Also, images found being used in an unauthorized capacity will be subject to full copyright fees as set out in Section 7 of this document.

Section 8 - Cancellation and Reschedule Fees

8.1 – Cancellation of bookings must be made at least 24 hours before the actual job date/time for real estate agents. 

Cancellation/no-shows will incur the following fees :

1. No fee if cancelled 24-hours prior or more.

2. $25 if cancelled less than 24-hours prior or the property cannot be photographed. 

3. $99 if the photographer has arrived at the location and is unable to photograph the home for any reason. 

There is no reschedule fee for the amendment due to the weather conditions.

Section 9 - Digital Products

Photography

1. Photos are ready within 24-hours in most cases. If we promise a delivery time, and we fail to deliver within the time frame, the photoshoot cost is waived (we reserve the right, for any reason, not to waive the cost of the photoshoot.)

Videography

1. We edit at 1080p for the sake of storage. However, per the client's request, we would be happy to deliver 4K footage. 

Aerials

1. We do not control the weather, so we may not always be able to shoot drone footage. It may be a good day to shoot photos and video, but there are many rules to flying drones. 

2. The FAA limits when we can or cannot fly our drones. We follow all applicable laws and regulations put forth by the FAA and local ordinances. If for any reason we are unable to shoot due to being declined air space, we will let you now. 

3D Tours

1. We host our 3D tours on Matterport, which has fees associated with the hosting of the tours. We will host the 3D tours for up to 90 days, or when the listing is sold, whichever is sooner. If you’re looking to extend it further than 90 days, there will be a $25 per month fee for this.