Photography Terms & Conditions

Understanding Intellectual Property

A photograph or page design is considered intellectual property. Hometrack owns the copyright to both the designs created and the photographs taken by Hometrack. Hometrack maintains the right to license their use, unless exclusive rights have been purchased from Hometrack. Simply having physical possession of photographs or digital files does not grant the right to use them.

Photography

• Photo License: All images produced for an agent or broker (hereafter referred to as agent) are copyrighted by Hometrack and are licensed to that agent for six months or as long as the listing remains active with that agent. After that time, agent usage rights are terminated, but a Photo License Extension may be purchased. After license expiration, Hometrack reserves the right to sell a Photo License Transfer to the new listing agent.
  
  
• Agent Photo Usage: Agents may use the photos for any and all marketing materials and campaigns associated with the property and for the agent's self promotion. The photos may also be used by the agent's parent company for the sole purpose of marketing the specific property photographed. Please note however, that the image license is granted only to the agent and the agent's parent company and not to any third party. Any usage of the images by a third party, including but not limited to architects, builders, stagers, designers, sellers or buyers, is strictly prohibited unless approved in writing by Hometrack.
  
  
• Hometrack Photo Usage: Hometrack reserves the right to use any image for self-promotional purposes. Images used for Hometrack's self promotion will not be marked or labeled with any identifying information (ie. property address, agent, homeowner, or brokerage). Prints and printed materials using the photos may be offered to the homeowner.
  
  
• Photo Shoot: The photographer will expect to meet the agent or his/her representative at the property. Photographer will not enter an occupied property without an agent or representative present. Agent understands that a standard shoot takes approximately 60 minutes and should expect to be present in the property the entire time. Property should be presented in a clean, clutter-free condition. The photographer's work should be unencumbered by pets, children or prospective purchasers. (Please review our Successful Photo Shoot Preparation Checklist before scheduling your first photo shoot.) Should the photographer need to return to the property to re-shoot, or should his stay exceed the allotted 60 minutes for any reason outside the personal control of the photographer, the agent will be subject to an additional fee, and Hometrack will charge the agent's credit card or his/her company accordingly.
  
  
• Photo Delivery: Within 24 hours of photo shoot, agents receive low-resolution images (suitable for web and email) via email. High-resolution photos (suitable for printing) can be requested and will be emailed FREE of charge. A CD of images will cost $25.
  
  
• Delay/Cancellation: Should the scheduled shoot be delayed for any reason, including agent's tardiness or the condition of the property, Hometrack will be entitled to an additional payment of $30 for each 30-minute interval of time beyond the scheduled start time of the shoot. Should the shoot be postponed at any time less than a full 24 hours before the scheduled shoot, the agent will be subject to a $60 cancellation fee, and Hometrack will charge the agent's credit card or his/her company accordingly
  
  
• Inclement Weather Policy: In the event of inclement weather, the agent may call to cancel the photo shoot no later than 9:30am on the day of the scheduled appointment to avoid a cancellation fee. Agents canceling appointments after 9:30am will be subject to a $60 fee, and Hometrack will charge the agent's credit card or his/her company accordingly. If the agent chooses not to cancel the photo shoot, but is unhappy with the exterior photographs, agent may purchase and schedule an Exteriors Only photo shoot.
  
  
• Retouching: Color correction is included with every photo shoot. However, photo retouching (i.e. removing an object, adding sky, etc) is charged at a rate of $100/hour. Please review Photo Modification Ethics For Real Estate Photography before requesting any photo retouching. No alteration or manipulation of an image may be made without the permission of Hometrack.