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Policies

Cancellation / Reschedule

Real Estate Photography

We ask for 24-hour notice for all cancellation and rescheduling of appointments

A fee of $100 will be charged for cancel/reschedule with less than 24-hour notice.

A fee of $300 will be charged for cancel/reschedule on the same day as your scheduled appointment, or if our photographer arrives and cannot photograph the project.

If the project is not shoot-ready when our photographer arrives we may have to reschedule your appointment to ensure quality service to you and our other clients on schedule.

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 photo shoot.

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 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 which 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 will 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.

Estimated delivery time is 3-10 business days depending on your project and our availability.

Payment/ Copyright

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/anywork 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 effect 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. 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 privlages. 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.

The gist is Brian Cole Photography retain 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 a 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 ileagle use of images. It must be paid to avoid leagal 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 in 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 in our Policies page.

If 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 illeagle use of images. The invoice will still need to be payed and all fees and legal actions still apply. Once paid the matter will be setteled 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 disscontinued for whatever reason i.e. it’s already been sent to print etc, an arangement for payment will be made based on the situation.

Terms

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 Payment/Copyright 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 – 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.