Terms Of Service
Terms of service are the foundation of our relationship. I see them as a means of protecting the interests of my client's as well as my own, by being up front and transparent, with a set of rules that can be easily referenced. I invite you to read them, and if you have any questions, please do not hesitate to contact me! I find that these pages are often very foreboding and come across adversarial in nature, filled with "legalese", etc. Nothing could be further from my intent. I believe that any relationship works best when the rules are clearly set out and everything is laid out in plain simple terms. Let's dive in!
General Remarks
These are just some general remarks about how professional photography "works". I hope it clears up some misconceptions, sheds light on some questions and ultimately makes our relationship stronger.
- Professional Photographers produce images for your use. You pay for a license to use those photographs. You do not buy the photos. Copyright in Canada resides by default with the photographer and can not be transferred unless a written agreement (contract) to that effect is reached and signed by both parties. This is very rare, and very expensive. Most importantly, it is not needed by the vast majority of clients in the vast majority of instances. Licensing specific to YOUR needs saves YOU money. For an easy comparison, "buying" a photograph - copyright and all - is like going to your favourite band and asking them to sell you your favourite song, thus giving up any future rights to that song. Your favourite band can no longer play it at shows, put in on albums, license it for commercial use, etc. As you can imagine, this would cost you an arm and a leg, when all you want to do is listen to it at home - thus you buy what is essentially a license for private, non commercial use: a CD or a digital download. The price reflects this. If you want to use it as a jingle for your business, the band would ask for more money. If you want to use it world-wide in an advertising campaign, the cost would be higher still. The same applies to photos created by a professional photographer. Licensing specifically for your needs saves you money.
- Licensing is clearly laid out in these Terms Of Service. A summary of the licensing for your particular shoot will appear on your invoice. Payment of that invoice means you have read and agreed to those terms (this again, will appear on your invoice). When we start working together I will be sure to go over all of the terms with you and make sure that any questions are answered and everything is clear and transparent.
- Any person claiming to be a professional photographer who is not aware of how all of this works, who can not lay it out clearly and explain it in simple terms, is not really someone you can trust. That person is most likely only "professional" in the most technical of terms: meaning someone who will take your money in exchange for doing something. Beware of anyone claiming to be a professional who does not know the specifics of copyright and licensing. At first glance this sounds like it benefits the photographer - but in fact it protects you just as much.
- You will always know EXACTLY what it is you're paying for, and what it is you are receiving in return. After all, that is the most important thing to you, my client, and since YOUR SUCCESS IS MY SUCCESS, it is also the most important thing to ME.
Standard Real Estate Photography Terms of Service
The following apply to a standard real estate shoot, which means a set of photographs produced with the purpose of helping in the sale of a property. Any of the packages outlined on the "Pricing & Services" page under "Photography for Real Estate" fall into this category. The prices of real estate photography are considerably lower than other types of commercial photography because they reflect the uncertainty of the length of time they will be useful to the client - the home may sell tomorrow, or may take a little longer. It would not be fair to ask you to pay for a license to use the photographs for a fixed period of time. This is reflected in the cost of the real estate packages.
- The length of license (when you can use the photographs) is equal to the term of the listing or up to the closing date of the sale of the property, whichever comes first.
- You may use the photographs in any way you see fit to market the subject property (referred to in copyright parlance as "all media"), meaning you can use the photos on line, in printed materials, billboards - if you want to, you can put them in a TV commercial - as long as this is done by YOU, my client, and for the purposes of marketing the subject property.
- The license is held by YOU, my client. It is non exclusive and non transferrable. This means you can not resell or gift the photographs to anyone, any business or individual, including (but not limited to)other realtors, contractors, designers, architects, etc. Anyone wanting to use the photographs has to be referred to TwoSixPix. Non exclusive means that those people may be granted (sold) a license to use those photos at any time by the photographer.
- By contracting TwoSixPix to photograph a property it is implied that you are the person who is able to allow the photographer access and give the photographer the permission to photograph the property with the awareness and understanding of all the terms and conditions applicable. This means, if you hire me, you have the authority to do so. You have the authority to say "yes, you can come in, yes you can take pictures here". As a real estate agent your agreement with your client grants you this authority, and unless your agreement is in some way different TwoSixPix assumes this to be the case.
Other Types of Commercial Photography
Like I said on the pricing page - "I hate to do this, but..."
There is no standard, universal set of terms and conditions for most commercial photography assignments. They depend on your particular needs: how the photos will be used, for how long, etc. This ensures that you only pay for what you will actually use. Before any commercial project begins, we will establish what those needs are, and proceed from there. One thing I can promise is that you will be 100% aware of all the details. They will be laid our clearly and explained if needed ahead of any work being done. An estimate will be produced and emailed to you or delivered in hard copy - this estimate will contain all the terms and conditions as well as the cost of the work (in commercial photography, the two are directly tied - the details of the license are a major factor in the cost of the project). Once you, my client, are satisfied with the contents of that estimate and ONLY THEN, will we proceed with the work. Of course your questions and inquiries are welcome, regardless if you are an existing client or someone just looking for their photography partners. And that's the important detail - TwoSixPix wants to be your partner, your "go to" source for professional photography. Your satisfaction, future patronage, kind words and your long term success are the fuel that drives our success and motivates our decisions. This can only be achieved by clear communication and trust.
There is no standard, universal set of terms and conditions for most commercial photography assignments. They depend on your particular needs: how the photos will be used, for how long, etc. This ensures that you only pay for what you will actually use. Before any commercial project begins, we will establish what those needs are, and proceed from there. One thing I can promise is that you will be 100% aware of all the details. They will be laid our clearly and explained if needed ahead of any work being done. An estimate will be produced and emailed to you or delivered in hard copy - this estimate will contain all the terms and conditions as well as the cost of the work (in commercial photography, the two are directly tied - the details of the license are a major factor in the cost of the project). Once you, my client, are satisfied with the contents of that estimate and ONLY THEN, will we proceed with the work. Of course your questions and inquiries are welcome, regardless if you are an existing client or someone just looking for their photography partners. And that's the important detail - TwoSixPix wants to be your partner, your "go to" source for professional photography. Your satisfaction, future patronage, kind words and your long term success are the fuel that drives our success and motivates our decisions. This can only be achieved by clear communication and trust.
Payment Policy
Unless otherwise agreed before hand:
Real Estate Photography - payments can be made at the time of shoot, or an invoice can be emailed after the shoot. Photos will be delivered once payment is made.
Other types of Commercial photography - day rate is due at time of shoot. Usage fees are due on the the agreed upon date of delivery of images (this obviously varies with the size of the shoot and complexity thereof, and would be agreed upon and outlined in detailed, custom estimate.
Late payments - late payments will be charged a late fee of 5% per 30 days after the agreed due date of FINAL invoice
Payment Methods - TwoSixPix currently accepts electronic (email) transfers, cheque, credit cards (via PayPal) and of course actual PayPal payments.
- payments are due upon receipt of invoice
- the license to use is NOT VALID until PAYMENT IS MADE IN FULL
Real Estate Photography - payments can be made at the time of shoot, or an invoice can be emailed after the shoot. Photos will be delivered once payment is made.
Other types of Commercial photography - day rate is due at time of shoot. Usage fees are due on the the agreed upon date of delivery of images (this obviously varies with the size of the shoot and complexity thereof, and would be agreed upon and outlined in detailed, custom estimate.
Late payments - late payments will be charged a late fee of 5% per 30 days after the agreed due date of FINAL invoice
Payment Methods - TwoSixPix currently accepts electronic (email) transfers, cheque, credit cards (via PayPal) and of course actual PayPal payments.
Cancellation Policy
TwoSixPix RESERVES THE RIGHT to charge a cancellation fee equal to 50% of the value of the scheduled shoot if said shoot is cancelled with less than 24 hour notice.