TERMS & CONDITIONS FOR REAL ESTATE PHOTOGRAPHY
You are requesting to have Eymeric Widling photograph an assignment. To agree to the following terms, click the box beside "I have read and agree to Eymeric Widling Photography's terms of service" on the bookings page. If you do not agree to the terms do not check the box and contact Eymeric Widling before proceeding with your booking.
1. USE REQUESTED: Images solely for use in Canada. The use granted is for:
non-exclusive; print, web, and promotion right(s) for use on MLS, on client’s website, personal feature sheets, online social networking accounts, and in promotional materials published by the client in a non-editorial format.
No rights herein may be transferred, or assigned in whole or in part to a third party. No other use rights are granted herein.
Fees displayed on www.eymericwidling.com are calculated for weekday shoots between 9:00am and 6:00pm, weekend shoots and weekday evenings (Mon - Fri after 6:00pm) are billed at an additional $100.00 on top of the regular Photographer’s fee and must be booked by Photographer.
Fees are only applicable to Realtors and Real Estate Agents listing homes for sale in the Canadian market.
Travel fees to locations outside of Calgary city limits will be added separately according to the pricing schedule below:
Airdrie - $25
Cochrane - $25
Okotoks - $25
Priddis - $25
Langdon - $25
Bragg Creek/ Redwood Meadows - $40
Turner Valley /Black Diamond - $60
High River - $60
Canmore - $130
Chestermere, Balzac, Heritage Pointe, Bearspaw, Elbow Valley Area - Free of Charge
TERMS AND CONDITIONS
A. Definitions: "Photographer" refers to Eymeric Widling. "Client" refers to the commissioning party, its representatives, successors, assigns, agents and affiliates under which the booking is made.
B. Payment: FULL PAYMENT MUST BE RECEIVED BY PHOTOGRAPHER WITHIN THIRTY DAYS OF DELIVERY. If unauthorized use occurs, the Client agrees that a reasonable and stipulated amount shall be paid by Client to photographer for such unauthorized use and such amount shall be three (3) times Photographer's customary fee for such usage.
C. Grant of Rights: Grant of reproduction rights hereunder is conditioned upon Client's written acceptance of each term set forth in this agreement, including but not limited to, receipt of payment in full by Photographer. All photographs and other materials or media created by Photographer shall belong to Photographer. Photographer will remain the sole owner of any and all photographs or any and all materials used or to be used in relation to production or reproduction of said Photographs including all digital reproduction(s) as well as all copyright therein. All rights not expressly licensed to Client in writing remain the exclusive property of Photographer.
G. Copyright Protection/Credit Line: For Editorial use, credit line in the form Copyright "©<<Year – date-of job>> Eymeric Widling in type no smaller than that of related text must appear adjacent to or within the photograph(s) or fee is tripled; Client acknowledges that such a triple fee is fair and reasonable for photographer's loss of recognition and lack of copyright protection resulting from lack of, or improper, copyright notice/credit line. For Non-Editorial use, Client is not required to place a Copyright on the images. Notwithstanding the foregoing, Photographer reserves all rights and remedies at law and in equity for damages resulting from breach of its copyright in Photographs by Client.
H. Indemnity: Client hereby indemnifies and holds Photographer harmless against any and all liabilities, claims, and expenses, including reasonable legal fees, arising from Client's use of Photographer's work. Client assumes insurer's liability to indemnify Photographer for all loss, damage, or misuse of any photographs.
I. Loss or Damage: The parties acknowledge that it is difficult if not impossible to determine the exact value of each photograph subject to this agreement because of the duration of copyright protection and its present and potential value. Therefore, the parties have agreed that the reasonable value for loss or damage of each photograph is a sum no less than the amount indicated on the first page of this agreement. Client further acknowledges that its acceptance of this liquidated damage amount is a material consideration for photographer agreeing to deliver to Client the photographs subject to this agreement. In the event that Client infringes on Photographer's copyright in and to the works delivered herewith, then Photographer shall be entitled to obtain immediate injunctive relief to prevent further infringement and that Photographer shall not be required to post a bond to obtain injunctive relief, or if a bond is not waivable, such bond shall not exceed $100.00. Photographer shall be entitled to recover the greater of Photographer's actual damages, or statutory damages in a sum not to exceed $20,000.00, in cases of non-willful infringement. In each instance, Photographer shall be entitled to recover reasonable legal fees incurred and related costs in enforcing Photographer's rights under the Canadian Copyright Act, and under each federal or ancillary provincial law under which Photographer is awarded or granted damages.
J. Alterations: Client may make alterations, additions, or subtractions in respect to the photographs for any non-editorial use.
J. Delivery of photographs: Delivery of images will be no later than 24 hours after the shoot date.
K. Default: In the event of non-payment or other breach of this Agreement by Client, Client shall pay all of Photographer's costs and expenses incurred in connection with enforcement of the terms of this agreement, including Photographer's reasonable legal fees.
L. Releases: Photographer is not responsible for obtaining model, property, or other releases in connection with any of the photographs licensed herein unless specifically stated herein.
N. Miscellaneous: Client may not assign or transfer this license. No alterations may be made in any of these provisions without the express written consent of the Photographer.
O. Reshoots: Client will be charged 100% fee and expenses for any re-shoot required by Client. For any re-shoot required because of an act of God, (other than inclement weather which is addressed below) or the fault of a third party, Photographer will charge no additional fee and Client will pay all expenses incurred by Photographer related to the assignment up to that point.
P. Cancellations: Cancellations and postponements: If notice of cancellation is given the same day as the shoot, Client will be charged 50% of Photographer's fee. If Client arrives more than 20 minutes after the shoot start time, Photographer retains the right to cancel the appointment and charge a $100.00 cancellation fee to Client.
Q. Governing Law: This agreement shall be interpreted and governed by the laws of Canada, all applicable provincial legislation and international conventions including the World Trade Organization’s Agreement on Trade Related Aspects of Intellectual Property Rights. This agreement shall be deemed to be a contract made under the laws of Canada and the Province of Alberta and for all purposes shall be interpreted in its entirety in accordance with these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of the Province of Alberta. Client specifically waives all rights to contest each court proceeding on the grounds of personal jurisdiction, venue and forum non-convenience or other rules of conflict. In the event of any award or judgment in favor of Photographer, or any settlement between Photographer and Client, arising from effecting and protecting Photographer's rights and benefits hereunder and/or any aspect of this agreement, Client shall pay all costs and expenses incurred by Photographer and/or Photographer's legal counsel related thereto, including, but not limited to, reasonable legal fees, arbitration and court costs, associated expenses, and legal interest on such award, judgment, or settlement.
R. Promotional Use: Photographer retains the right to use any and all images created by Photographer for Client for promotional use such as social media, website, print portfolio, and print marketing.
S. File Storage: Client files (images, video, branding) will be stored by Photographer for one (1) year. It is the Client’s responsibility to download and store the files prior to the one (1) year expiry of the digital files. One (1) years after the files were originally sent to Client the files will be deleted and will not be able to be recovered.
T. Quantity of Images: Quantity of images delivered to the client are equal to or less than the amount shown for the specified package selected. If Photographer finds that the property does not merit the full number of images specified in the package, up to 5 images may be left out.
U. Re-edits of images: All packages include one (1) set of revisions for up to five (5) images. Any revisions beyond that will be charged at the rate of $10.00 per revision per image.
THIS CONTRACT MUST BE AGREED TO BY CLIENT PRIOR TO ANY FINAL ARRANGEMENTS & OR BOOKINGS.
FULL PAYMENT DUE WITHIN THIRTY (30) DAYS OF DELIVERY or PRIOR TO PUBLICATION, WHICHEVER OCCURS FIRST.