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Real Estate Contract

Real Estate Photography Contract

Client Information

Client Name:

Client Phone Number:

Client Email Address:

Package Selected:

Photos:

Video:

Virtual Tour:

Floor Plan:

Arial Photography:

Property Details

Property Address:

Bedrooms:

Bathrooms:

Gross Estimated SqFt: SqFt (This is subject to confirmation)

Additional Notes:

Payment Due:

This document comprises the entire agreement and understanding between the [client name(s)] (“Clients”) and JWade Photo Studio (“Photographer”). This agreement supersedes all prior and contemporaneous agreements between Clients and Photographer. This agreement may only be amended in writing when signed by Clients and Photographer. This agreement applies to all photographs, graphics, digital assets, or digital images created or taken by Photographer and delivered to Clients (“Photographs”).

RELATIONSHIP OF THE PARTIES

The parties agree that Photographer is an independent contractor and shall not be deemed an employee of Clients. No agency, partnership, joint-venture, or employee-employer relationship is intended or created by this Agreement.

FEES

All fees payable under this agreement are due to Photographer before delivery of Photographs. Fees are payable regardless of whether Client uses Photographs. Fees are due no later than fifteen (15) days after Photographer completes taking photographs.

SCHEDULING & CANCELLATION

A signed contract is required for scheduling purposes.

All cancellations by Client must be communicated to Photographer in writing. In the event of a cancellation within twenty-four (24) hours of the scheduled photo shoot, Clients will pay a twenty-five percent (25%) cancellation fee.

FAILURE TO PERFORM

Photographer cannot be held responsible for requested photographs not taken, interference or missed photographs from weather conditions or scheduling complications caused by, but not limited to, anyone in attendance at the photo shoot, timeliness of the event, or any other interfering cause.

EQUIPMENT MALFUNCTIONS

If Photographer cannot perform according to this agreement due to equipment malfunction, Photographer shall reschedule photo shoot at not additional cost to Client.

FORCE MAJEURE

If Photographer cannot perform according to this agreement due to fire, casualty, civil disturbance, act of God, illness, or any other event not caused by, or in the control of, the Photographer, the Photographer will return all fees paid to Client and retains no further responsibility to Client. In the event that photographic material is damaged or lost without the fault of the Photographer, the same applies.

LIABILITY

The Photographer is not responsible for any injuries inflicted upon any participating parties. Clients release Photographer from any and all claims against their person or business.

Client agrees to indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Photos or materials furnished by Clients. The Client is responsible for obtaining all necessary model or property releases prior to photo shoot.

Proof of liability insurance can be provided to Clients or venues, upon request.

EXCLUSIVITY

No exclusivity on behalf of the parties is implied or created through this agreement.

PHOTOGRAPH DELIVERY

Clients will allow Photographer forty-eight (48) hours to deliver photographs after the photo shoot. Photographs will be delivered via an online service and gallery. Photographer may deliver photos in any standard format. If photographs’ format or resolution is not suitable for reproduction, Client must notify Photographer within five (5) days. Photographer’s only responsibility will be to replace photos in a suitable resolution.

COPYRIGHTS

All photographs produced by Photographer for Clients are protected by copyright. It is a violation of federal copyright law to copy, scan, or allow photographs to be reprinted, duplicated, reproduced, copied, scanned, or altered without Photographer’s express written permission.

This license provides Client with limited rights to reproduce, publicly display, and distribute photographs for promotional or advertising purposes directly related to the sale of the subject property.

MODEL RELEASE

Photographer retains the right to use photographs for professional purposes, including samples, displays, social media, advertising, and any other purpose.

APPLICABLE LAWS

The laws of the state of Missouri shall govern this agreement.

SEVERABILITY

If one or more of the provisions contained in this agreement is found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

Clients agree, by signing, that they have read and agree to all terms incorporated within this agreement. Clients agree that all information is, to the best of their knowledge, accurate.

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Signed by Joseph Wade
Signed On: February 21, 2023

Timestamp

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February 15, 2023 10:59 am CDT

Real Estate Contract Uploaded by Joseph Wade - joseph@jwadephotostudio.com IP 71.128.21.102