Brian Cole

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Policies

Cancellation / Reschedule

Real Estate Photography

  1. A fee of $100 will be charged for cancellation or reschedule the day before your scheduled appointment (12 Am-5 PM). If the appointment is rescheduled at the time of notice the amount will be carried over and applied to your rescheduled appointment. If your rescheduled appointment is canceled or rescheduled again the fee will not be carried over or refunded.
  2.  A fee of $500 will be charged for same-day cancellation (or full shoot cost if less than $500).
  3. A fee of $250 will be charged for same-day reschedule, this amount will be carried over and applied to your rescheduled appointment. If your rescheduled appointment is canceled or rescheduled again the fee will not be carried over or refunded (or half of the full shoot cost if less than $500).
  4. If the photographer arrives and cannot carry out the appointment due to any reason out of the photographer’s control or responsibility a fee of $500 will be charged. If the appointment is rescheduled the same day $250 will be applied to the rescheduled appointment. If the appointment is canceled or rescheduled again the fee will not be carried over or refunded (or full shoot cost if less than $500, half applied to rescheduled appointment).
  5. All fees are subject to ​“Force Majeure” or the​ “act of God clause” * ​This does not include the homeowner backing out, or having personal issues. If the homeowner backs out of the deal or cancels their appointment and is under contract to repay the agent’s marketing costs, via a contract with, or the policies of Brian Cole Photography the agent can prove that the cancelation fee charged by Brian Cole Photography is a contracted/obligated marketing cost directly associated with and caused by the homeowner. This clause also does not cover the listing going under contract. If a listing goes under contract the agent still has the option to keep their photography appointment or cancel and pay the fee. In many cases, the fee will cost less than the appointment as our fee is not based on the original cost of the appointment but on our minimum price. “Acts of God” do not include events that would not prevent the photographer from performing their duties. If the photographer deems that the work can still be performed the cancelation or reschedule fee will still apply.

Commercial/Architectural

Job cancellation within 72 hours = 25% of fees, plus all incurred expenses. Job cancellation within 48 hours = 50% of fees, plus all incurred expenses. Job cancellation within 24 hours = 100% of fees, plus all incurred expenses.

Preparing for your shoot

Preparing for your shoot is important. You’ll want to have everything in place before the photographer arrives. Remove distracting clutter and anything that doesn’t serve the purpose of decor for your particular project. We want everything to look like it’s there on purpose, not like it was left there and missed. Removing things you might not think about like phone chargers, bathroom toiletries (including shower items), animal-related items (bowls, toys, beds, etc) and anything with excess cords will help ensure better images as well as provide the best use of time for the photographer. Assume the camera will see everything as you go room to room in preparation for your photoshoot.

Note that we are not responsible for the cleaning or preparation of project/listing, nor are we responsible for the moving of large, heavy, or fragile objects. If screens need to be removed to photograph through windows please remove them before we arrive.

It is the responsibility of the client, agent, and or homeowner to make photographers aware of any items that are not properly working and may cause damage i.e. electrical, water, broken blinds, furniture that will scratch floors, and anything else that may have to be turned on/off moved or adjusted by photographers during shoots. Brian Cole Photography and photographers/employees are not responsible for any damage that occurs from reasonable and ordinary use of such items.  

Image Delivery

Your finished images will be delivered by email

It is a great idea to add info@briancolephotos.com to your safe sender list as to help keep emails out of your junk/spam folder

You will receive an email containing a link(s)to our Dropbox download page

Once downloaded you will have a folder containing your images in both Print-Ready images and Pre-Sized for MLS/web images

These will be delivered in zip folders that are compressed, so you will need to “unstuff” them or simply create a new folder and drag and drop the images into that new folder.

The delivery email may also contain a link to a free Flickr Gallery that is a great way for you and your clients to view the images. This is a free gallery that is not customizable and does not contain a slideshow with music or branding.

The estimated delivery time is 2 business days depending on your project and our availability.

Payment

Invoices will be sent by email via Square processing and payable upon receipt before the start of production. License usage rights are transferred upon full payment of this invoice and delivery of finished images. Failure to make payments voids any license granted and constitutes copyright infringement. All rights not specifically granted in writing, including copyright, remain the exclusive property of Brian Cole Photography. Production (processing/editing/any work outside of the capturing of images on location) will not start until invoices are paid. i.e. If you were quoted 5 business days for delivery and your shoot was on Monday and you pay your invoice on Wednesday, the 5 business days will start on Wednesday. All shoots are subject to applicable sales tax.  If needed payment arrangements can be made to accept cash or checks but must be made in advance and can affect delivery time.

Please make all checks payable to Brian Cole Photography

It is a good idea to put square into your safe sender’s list noreply@messaging.squareup.com

Commercial/Architectural

Advance invoice is payable upon receipt before the start of production. The final Invoice is payable upon receipt. License usage rights are transferred upon full payment of this invoice. Failure to make payments voids any license granted and constitutes copyright infringement. All rights not specifically granted in writing, including copyright, remain the exclusive property of Brian Cole Photography.

 

Please be advised of our Copyright/Licensing agreement

Copyright and Licensing
For real estate photography and commercial architectural photography in most cases, a non-exclusive usage license will be provided giving worldwide usage, for an unlimited time, and with unlimited media privileges. Each project is different and when applicable an estimate will be sent out providing the specific usage for each project to be agreed upon in advance by all parties. This includes the usage agreement which will look like this (sample)

Subject to the terms and conditions below, ( Brian Cole Photography ) the creator of the work (‘Work’) referenced in this document ( {{job_number}} ) hereby grants to {{client_name}} defined herein (‘Client’) an Exclusive license to use the Work Worldwide. This license shall be valid for An Unlimited Time and shall cover the publication of the Work in the following media only: Unlimited Media. Any other use of the Work by the Client shall require a separately negotiated license.

As well as the terms which can be found in the terms section below.

The gist is Brian Cole Photography retains all rights, ownership, and copyrights to all images. We retain the right to use all of our images for any purpose. We give you the client full license to use the images as agreed upon. These images may not be given or sold in any form. Images are not to be digitally altered, given to third-party businesses such as real estate agents, designers, vendors, clients, etc. for their marketing and any other business/personal uses without the written permission of Brian Cole Photography. If images are given or sold to any 3rd party and miss use of image copyright and or licensing agreement occurs all parties (original license holder(you), the 3rd party, and extended parties) may be subject to all laws and monetary damages. Images must be properly represented as to who (Brian Cole Photography) originally captured them. For all publications please include the photo credit: Brian Cole Photography

If images are found to be used by any party without the purchase of licensing the party found using the images will be contacted and asked to purchase licensing (if available) or discontinue use.  If usage rights are not purchased and or unlicensed images are not removed from any and all media (this includes all social media) within 48 hours of receiving notice an invoice for the full cost of all images found ($75 per image from a real estate shoot, commercial image price based on original project, min price $125 per image) in use will be sent to the said party via email.  This invoice is no longer for the purchasing of usage rights but is a fee for the illegal use of images. It must be paid to avoid legal action but will not give usage rights to the party. If usage of the images has been discontinued within the allotted time (48 hours) it is the responsibility of the party to notify Brian Cole Photography in writing/email so that the claim can be investigated and to protect said party from accruing unnecessary charges. Brian Cole Photography is not responsible for how the unlicensed images came into the party’s possession or what the party’s knowledge is about copyright laws or our policies. Our copyright/licensing policies are delivered to each client with every image delivery and can be found on our website at www.briancolephotos.com on our Policies page.

If the purchase of usage rights is available for the project in question, once the invoice has been paid licensing for the images will be provided so that the images can be used legally. If the project for whatever reason is not available to the party in question the invoice sent will not be for licensing but for illegal use of images. The invoice will still need to be paid and all fees and legal actions still apply. Once paid the matter will be settled but there will be no release of licensing and all usage of all images will still need to be discontinued. When the party is contacted they will be notified whether licensing is available to them or not. There will be no charge if image usage is discontinued within the allotted time.  If usage cannot be discontinued for whatever reason i.e. it’s already been sent to print etc, an arrangement for payment will be made based on the situation.

Licensing/Usage Rights/Terms

Please be advised of our Copyright/Licensing agreement

Copyright and Licensing
For real estate photography and commercial architectural photography in most cases, a non-exclusive usage license will be provided giving worldwide usage, for an unlimited time, and with unlimited media privileges. Each project is different and when applicable an estimate will be sent out providing the specific usage for each project to be agreed upon in advance by all parties. This includes the usage agreement which will look like this (sample)

Subject to the terms and conditions below, ( Brian Cole Photography ) the creator of the work (‘Work’) referenced in this document ( {{job_number}} ) hereby grants to {{client_name}} defined herein (‘Client’) an Exclusive license to use the Work Worldwide. This license shall be valid for An Unlimited Time and shall cover publication of the Work in the following media only: Unlimited Media. Any other use of the Work by the Client shall require a separately negotiated license.

As well as the terms which can be found in the terms section below. *for real estate agents these terms are a part of our client contract which covers all of the work we do together.

“The gist” or key points: Brian Cole Photography retains all rights, ownership, and copyrights to all images. We retain the right to use all of our images for any purpose. Brian Cole Photography does not issue ownership of our images. We give you the client a license to use the image(s) as agreed upon. The license you receive only covers the right of usage for you and your business, it does not extend to anyone else or any other business. . Images delivered by and belonging to Brian Cole Photography can not be given or sold in any form by you. Images are not to be digitally altered, as they are a representation of Brian Cole Photography. Images are not to be given to any third-party including but not limited to businesses such as real estate agents, designers, builders, vendors, clients etc. for their marketing and any other business/personal uses without the written permission of Brian Cole Photography. If images are given or sold to any 3rd party and misuse of image copyright and or licensing agreement occurs, all parties (original license holder(you) , the 3rd party and extended parties) may be subject to all laws and monetary damages. As a client of Brian Cole Photography, you agree not to give our images to any third parties, you also agree not to receive and or use any of our images from any third-party. You agree not to use any images belonging to Brian Cole Photography without directly purchasing the license to use said images (licensing cannot be purchased from/by or issued by anyone other than Brian Cole Photography). 

Images must be properly represented as to who (Brian Cole Photography) originally captured them. For all publications please include the photo credit: Brian Cole Photography

If images are found to be used by any party without the purchase of licensing the party found using the images will be contacted in one of two ways. 1) Contacted directly by Brian Cole Photography and asked to purchase licensing (if available) or discontinue use.  If usage rights are not purchased and or unlicensed images are not removed from any and all media (this includes all social media)  within 48 hours, an invoice for the full cost of all images found ($75 per image from a real estate shoot, commercial image price based on the original project, min price $125 per image) in use will be sent to the said party via email.  This invoice is no longer for the purchasing of usage rights but is a fee for illegal use of images. It must be paid to avoid legal action but will not give usage rights to the party. If usage of the images has been discontinued it is the responsibility of the party to notify Brian Cole Photography in writing/email so that the claim can be investigated and to protect said party from accruing unnecessary charges. 2) We also use a third-party service to track our images and pursue legal action, it is at our discretion whether to contact the party directly or use this service.  If this service is used the party may not have the option to discontinue use, fees may be directly pursued. Fees can range from hundreds of dollars to thousands of dollars per image. Brian Cole Photography is not responsible for how the unlicensed images came into the party’s possession or what the party’s knowledge is about copyright laws or our policies. Our copyright/licensing policies are delivered to each client with every image delivery (bottom of the email) and can be found on our website at www.briancolephotos.com on our Policies page.

If the purchase of usage rights is available for the project in question, once the invoice has been paid licensing for the images will be provided so that the images can be used legally. If the project for whatever reason is not available to the party in question the invoice sent will not be for licensing but for illegal use of images. The invoice will still need to be paid and all fees and legal actions still apply. Once paid the matter will be settled but there will be no release of licensing and all usage of all images will still need to be discontinued. When the party is contacted they will be notified whether licensing is available to them or not. There will be no charge if image usage is discontinued immediately.  If the use of an image cannot be discontinued for whatever reason i.e. it’s already been sent to print etc, an arrangement for payment will be made based on the situation.

Additional key points for real estate agents. The licensing you purchase applies to you as an individual and does not transfer to the brokerage that you work with. A couple of notes about this: While you as an agent work with a brokerage that brokerage may use the images for promotion and marketing with your permission. If the time comes that you leave said brokerage they can no longer use the images without purchasing usage rights from Brian Cole Photography. If you start working with a new brokerage the same terms apply. Another important note is the way third party licensing works for Brian Cole Photography. If an agent is hired to represent a listing that Brian Cole Photography has already photographed, the agent can choose to purchase the licensing of those images. Whether this occurs before the original agent is able to sell the home, or after and the home is being sold again. Brian Cole Photography also has the right to sell the licensing of these images to third parties including but not limited to stagers, designers, builders, architects etc. The license you purchase gives you rights regarding your use of the images, but does not put limitations on, or take away Brian Cole Photography’s rights regarding the images. If you would like to purchase an exclusive license this is available. When you book your shoot you can choose to request either a “realtor exclusive” or “all party exclusive” license. A “realtor exclusive” license gives you the same usage rights as our standard licensing but also ensures that the images will not be licensed to other realtors. The cost for this is the same as the original shoot cost. I.e. $500 shoot + realtor exclusive license $500 = $1,000 total. An “all party exclusive” license gives you the same usage rights as our standard licensing but also ensures the images will not be licensed to any third parties. The cost for this is two times the original shoot cost. I.e. $500 shoot + all party exclusive license $1,000 = $1,500 total.

1. Definitions and terms: This Agreement is by and between Brian Cole Photography (Licensor) and {{client_name}} (Client), its heirs, successors, and representatives. Licensor is an independent contractor. “Image” refers to the visual, in any form, including as digital information, supplied by Licensor to Client. “Service” refers to the photography, related digital or other post- production services Client is commissioning Licensor to perform. “Written consent” includes email correspondence if receipt of the email correspondence is confirmed. All paragraph captions in the Agreement are for reference only.

2. Payment: Client and Client’s representatives are jointly and severally responsible for full payment of all fees, charges and advances as set forth in this Agreement.

3. Rights: Licensor is the sole creator and sole copyright owner of the image(s). Except for rights specifically licensed or transferred elsewhere in this Agreement, Licensor reserves all rights in the image(s) without limitation, and including digital or electronic publishing and use rights in any and all media now existing and yet unknown throughout the world.

4. Licenses: Unless otherwise stated in this Agreement, all licenses are non-exclusive and limited to English language use in the United States of America only. The license lasts for one year from the date of Licensor’s invoice. The licensed rights are not transferred until and unless a) Client accepts all terms contained in this agreement, and b) Licensor receives full payment for images and services rendered.

5. Release: Licensor does not warrant that he or she has secured any underlying or third party rights in the image unless Licensor submits a separate release signed by a third party model, property owner, trademark owner or any other owner of any underlying right. If no such release is submitted, no release exists for any underlying rights in any image nor are any such rights secured.

6. Reshoots: Unless otherwise specifically negotiated, Client shall pay 100 percent of Licensor’s fees, charges and expenses if Client requests that an image be reshot or a service redone unless such a request is the result of an image being lost or rendered unusable prior to delivery, because of a technical error such as defective materials or damage, or equipment or processing malfunction. In the event of such technical error Licensor will reshoot the image or redo the service at no additional fee, if Client advances and pays all charges, and has paid in full all fees and charges for the original image or service.

7. Assignment: Client shall not assign any of its rights or obligations under this agreement without the written consent of the Licensor. Licensor will not consent to such transfer or assignment unless the assignee or transferee agrees in writing to be bound by all terms of this Agreement.

8. Limitation of liability: Client shall indemnify, defend and hold harmless Licensor and Licensor’s representatives from any and all claims, liabilities, damages and expenses of any nature, including attorney’s fees, investigation costs and court costs arising from or relating to Client’s direct or indirect use of the image, or in connection with Licensor’s reliance on any representations, instructions, information or materials provided or approved by Client. Licensor shall not be liable for general, consequential, incidental or special damages arising from this agreement, the service rendered, the images or any acts of omission by Licensor regardless of the circumstances of such omissions.

9. Force majeure. Licensor shall not be in default of this agreement if a delay or failure to perform results from an occurrence beyond his or her reasonable control and without his or her fault or gross negligence.

10. Default: Any action to enforce any term of this agreement or any matter arising out of this agreement shall be brought in the state of Licensor’s principal place of business. If Licensor prevails in any action brought to enforce the terms of this Agreement, Licensor will be entitled to recover actual attorney’s fees, court costs and all other non-reimbursable litigation expenses, such as expert witness fees and investigation costs.

11. Modification, governing law and miscellaneous: This Agreement constitutes the entire understanding and agreement between Licensor and Client regarding the image or service commissioned by Client. This agreement supersedes any and all prior written or verbal representations and agreements between Client and Licensor. No waiver or modification may be made to this Agreement unless in writing and signed by both Client and Licensor. Waiver of any one provision of this Agreement shall not be a deemed to be a waiver of any other provision of this Agreement. The formation, interpretation and performance of this agreement shall be governed by the laws of the state of Licensor’s principal place of business, excluding the conflict of law rules of that state.

Booking outside of regular business hours

If you need to book outside of our regular hours (seasonal) the fee is $250.

Booking outside of regular hours is based on availability

Third Party Image Licensing

It’s important to note that images may not be given to third parties. If a third party is interested in using an image from any of our projects they will need to contact us to purchase usage rights.  Please read the Licensing/Usage Rights/Terms section on this page for more detail. If images are given to a third party the original client may be faced with charges if the third party chooses not to comply with our terms.

  • Real Estate shoots – The cost for third-party licensing is $75 per image.
  • Commercial shoots – Cost for third-party licensing is based on the original project costs, min $125

Rush orders

(Real Estate Shoots) If you need images before your completed order is delivered you can rush images for $50 per image. Image selection for rush orders will be based on client direction i.e. Front exterior, kitchen, master bedroom, etc. the final selection will be made by Brian Cole Photography. Rush fee for next-day delivery is $400 and is based on availability.

Liability

It is the responsibility of the client, agent, and or homeowner to make photographers/all representatives of Brian Cole Photography aware of any items that are not properly working and may cause damage i.e. electrical, water, broken blinds/decorative blinds not meant to be adjusted and anything else that may have to be turned on/off moved or adjusted by photographers during shoots. Brian Cole Photography and photographers/employees/representatives are not responsible for any damage that occurs from reasonable and ordinary use of such items.
It is not the responsibility of Brian Cole Photography and representatives to prepare the location for photography. This includes but is not limited to cleaning, prepping, or removing of items not wanted in the final images. This includes but is not limited to signs, hoses, exterior TV covers, toiletries, personal items both interior and exterior.
Brian Cole Photography and representatives are not responsible for the moving of heavy and or high-priced items and are not responsible for damages caused by the moving of these items when asked to do so by the client, the client’s client, or any representative at the shoot.
Brian Cole Photography and all representatives are not required to capture any images that the photographer/representative feels may be of danger to their person, any other person, or to property, or equipment.