Photo Rights and Usage:
The photographer reserves the right to use photos for future marketing purposes.
All photos produced for the client may be used by that Agent/Homeowner for all marketing associated with the current sale of the property in accordance with local MLS rules. Please note that the photos will be copyrighted by the photographer. A license will be granted only to the Agent/Homeowner and their MLS and NOT any other party. Any usage of the photos by a third party, including but not limited to: external agents, architects, builders, stagers, designers, sellers or buyers is prohibited unless approved in writing by REALPix.
Photos produced for the client may NOT be edited by a third party in any way, either by an external editor or by the client themself (or assigned assistant). This includes but is not limited to: overall editing/adjustments, adding filters (Instagram & Facebook included), adjusting colour changes/contrast, altering exteriors to produce twilight images, altering interiors to include virtual staging or removal of items, etc. Should you wish to have your final products re-edited, please give us a call and we will take care of all of your needs.
If REALPix discovers a photograph that has been edited or used outside of the intended and agreed upon arrangement, you will be asked to remove the photo from use. Refusal to do so may result in legal action and a termination of services.
Photos produced for client may NOT be sold to another listing agent for future use. Should another agent, your homeowner or Stager wish to have a copy of the photos, please have them contact us to purchase a licensing agreement.
REALPix clients may not upload or otherwise place on REALPix materials or Virtual Tours any material that is copyrighted to another party.
If any material (photographs, music etc.) is in question, it is the responsibility of the client to provide written proof of their copyright ownership otherwise the material will be removed.
Clients agree to absolve REALPix of any responsibility or financial obligation resulting from copyrighted material be placed on REALPix tours.
Payment for first time clients of REALPix is due at time of the photography shoot. Payment may be made via credit card, cash or E-transfer. Payment is due upon receipt of the invoice. Invoices will be sent just after the photoshoot and must be paid in order to receive your photos. Should your payment not be received, you will NOT receive your photos. Should you have a payment arrangement and fall behind on payments, all tours will be removed from the client dashboard and you will not have access to your current tours until your account is brought up to date.
All prices are subject to change without notice.
In the event legal action is necessary to collect on balances due, you agree to reimburse REALPix for all expenses incurred to recover monies due, including attorney’s fees and other legal expenses.
Clients of REALPix are responsible for the following when the home is to be photographed:
• That the property is available to the photographer at the confirmed time of the appointment.
• That the property is prepared according to the REALPix Session Preparation Guide.
• That the owners will remove or contain any pets.
The photographer will photograph the property “as-is”, whatever the condition of the property when the photographer arrives. It is strongly suggested that you use our Session Preparation Guide to prepare your listing.
The photographer will not be required to wait while the property is made photo ready.
The photographer nor REALPix is not responsible for the weather conditions at the property at the time of the appointment. The photographs will be done using the existing conditions. If the client requests that photos be redone under different weather conditions, or different time of day, further fees may apply.
If the client, agent or seller is not pleased with the resulting photographs of the property because of the condition of the property, contents or the property not being ready for photos, the property may be reshot, however, it will be treated as a new photography session and will be billed as such.
Should photographs not meet our standards of quality in representing a property, we will reshoot the property at no charge.
It is the policy of REALPix not to remove, retouch or in any way modify any structure or content of any property using photo editing software from photographs.
This policy may be waived when applied to structures or contents that are not permanent (for example: garbage cans, temporary signs, paint marks) and will be modified before the property is sold. This is to prevent the end-user from being deceived as to the actual condition of the property. Additional fees may apply to such post-production work.
We strive for a 24 hour turnaround on our Photography & Virtual Tour Packages but sometimes it may take longer, depending on how many photos were taken in your photoshoot. Our time guarantee commences upon return to our office following the photoshoot of the property.
• Shoots on Friday will receive final photos on Monday.
• All of our photos are hand edited by our editors to ensure quality, colour correction and clarity.
• The photo guarantee applies for photos being delivered to the client digitally through our delivery system. Requests for the photos to be delivered on CD, DVD or other physically recorded hardware falls outside the 24-hour guarantee. If a custom URL is requested for the tour this may delay the link being available by 48+ hours and a time guarantee will not apply.
• The tour will be hosted for one year from the date posted. The tour and photos will remain hosted and will only be deactivated at your request. Additional charges will apply for tours hosted past one year.
• A digital PDF file of the feature sheets (if that is part of your package) will be provided to you within 24 hours of the published photoshoot. Any details, logos or other items that you wish to have added to the feature sheet are required before the appointment time. Should you require additional changes after the final proof, or in the case that you delete the file, additional charges may apply.
• It is the responsibility of the client to ensure their email server is able to accept the file sizes and that the senders email address is in their contact list to avoid the message being filtered as junk or spam. The guarantee time will be considered met by the time stamp of the sender’s email from REALPix.
Clients of REALPix agree to accept the photo choices made by the photographer at the time of photography, unless the client specifies photo locations and specifics prior to or during the appointment. These choices are based on the best ability, experience and judgment of the assigned photographer.
REALPix does not share or sell any client or contact information to anyone.
REALPix and their photographers will not discuss or share details, physical or situational about the home photographed, the clients, the home owners nor inhabitants learned during the photo-shoot with anyone other than the client.
REALPix, any of its agents, employees or contractors are not responsible for any costs or damages due to delays or failures to provide service under this agreement, arising out of any cause outside of our control including but not limited to Acts of God, fire, flood, explosion, earthquake, or other natural forces, war, civil unrest, accident, work stoppage, power or other mechanical failure, governmental action, acts of terrorism or technical/communication disruption.
REALPix photographs and images are a representation of the property, and we neither determine nor verify the accuracy of the property or contents with regards to colour accuracy, placement, scale, dimension or contents included in the permanent structure of the property. (This accuracy can be difficult or impossible to determine because of differences in light sources, lack of knowledge of the property and contents etc.)
Under any circumstances, REALPix’s liability is limited to the amount paid for the tours, photographs and services by the client for that particular property.
You agree to provide at least 24 hours notice, by voice or cell phone text, if you wish to cancel or reschedule a confirmed appointment for a tour photo session (shoot). If such notice is not received, REALPix retains the right to charge a late fee of $50.00 to be paid within 30 days.
Additional fees may be incurred. These include: travel outside of our normal service area, parking fee, late fee, no-show fee, etc. The charges will be billed to client as charged to REALPix.
By filling out the information below, you understand and agree to adhere to the REALPix Terms of Service.
Photoshoots will not be scheduled until a digitally signed copy of this agreement is submitted to REALPix.