Manasota360 Limited License Terms > Agreement
By ordering services from Manasota360 LLC you agree to the following Manasota360 LLC Limited License Terms and Agreement. We hope these policies are helpful and instructional as we work together to create beautiful marketing photographs > footage.
In order to provide you with the best service and support at reasonable pricing, we do not sell our photographs/footage, we license their use. So, the fee quoted is especially dependent on (1) payment of the invoice in full, (2) using the photographs only as indicated, and (3) protecting them with proper copyright notification. Images and/or footage delivered is licensed to the broker/agent for:
- The purpose of listing a property or property promotion.
- Term of the listing, not to exceed 1 year, unless explicitly granted a perpetual license in an Invoice.
- A primary photo can be used for a longer duration and for additional “sold” marketing materials.
- Your Rights permit you to post our photographs on multiple listing services and make the images available in your MLS listing for the Property.
- However, your Rights do not permit third-parties to copy, display or distribute our photographs for the purpose of providing services competitive with the Products you have purchased from us unless we give you our written permission.
- Only the broker/agent has permission to use the delivered images on any electronic or printed form of advertisement for the promotion of the property.
- If anyone (Builders, stagers, designers, or “third parties”) asks to use the images/footage, you agree to refer them to us. If we agree to allow others to use the images, additional licensing fee may be required.
- For image integrity, and quality control we ask that Images not be altered once delivered. Image/footage editing will be done by Manasota360 LLC, fees may apply.
- Please contact us for an additional release for any/all printed or web publications. Fees may apply.
- Photo credit must be given to Manasota360 LLC when used on any and all social media sites.
- Images cannot/will not be made available to another agent who takes over an expired or withdrawn listing
- Unauthorized use of images is a copyright violation, and will result in termination of this contract.
Copyright Notice - ALL PHOTOGRAPHS/FOOTAGE ARE THE COPYRIGHT OF MANASOTA360 LLC.
- The agent agrees that the photographer will remain the owners of all the copyrights of all images.
- Copyright is not and will not be transferred to any other party.
- Licensing may be obtained for various applications of images. Please contact us for more details.
- The photographer retains the copyright and ownership of all images from the photo/footage session and reserves the right to reproduce images for portfolio, studio display, gallery display, website, self-promotion, photo contests, teaching classes, other uses deemed appropriate by the photographer. We agree not to use the Products in a way that interferes with your Rights.
- Manasota360 LLC reserves all rights not granted to the agent by this agreement. If we discover that someone is infringing on my copyright, the broker/agent agrees to cooperate with me to help us stop the infringement or collect damages.
- Home sellers/buyers may request a copy of the photos from the photographer only. Separate licensing will apply.
- Manasota360 reserves the right t delete all images after 6 months from the date of the photoshoot.
Shoot requests - To ensure the best results of the photo shoot please be sure the home is ready prior to the scheduled shoot time. We work on a set time schedule for every shoot. Time is a precious commodity, both yours and mine.
- It is the broker's/agent’s responsibility to ensure that the listing is ready for photographing at the arranged time.
- Due to liability, Manasota360 LLC does not handle any cleaning, dusting, or moving of furniture.
- The homeowner shall ensure that there are no hazards to the photographer’s safety.
- The photographer will work with brokers/agents and homeowners with regard to pets, but the photographer is not a pet wrangler. If pets will be an issue, please make a note of it when you order services.
- Generally, we will be photographing through the entire home. We usually include utility rooms and closets, but if you would like to exclude any areas, please let me know prior to the shoot.
- Amenities are not included on a property shoot, and fall under separate pricing and licensing. If you are requiring amenities to be photographed, please contact us prior to the shoot for additional information.
- The broker/agent authorizes us to come onto the Property and take photographs.
- The broker/agent has the authority to allow us entry and permits us to take photographs.
- The broker/agent promises to indemnify us, defend us, and pay the expenses of our defense if a claim is made against Manasota360 LLC arising out of the services we perform for the broker/agent.
Cancellation/Postponement Policy- Manasota360 LLC understands that homes may not be ready for shooting as expected.
- It is the responsibility of the broker/agent to inform us as soon as possible for rescheduling.
- A photo session that is rescheduled or canceled after 8pm the day before will be charged a $75.00 rescheduling fee.
- Once a photographer has arrived at a property, the order may be canceled, however there will be no refund.
- Reschedules will be subject to the photographer’s availability.
Weather Policy- There will be times services cannot be completed due to weather. In those circumstances, the decision about shooting is up to the agent. If the agent chooses to proceed with photography, we will provide the best images I can. If additional outdoor photos are required on a better weather day, a re-shoot fee will apply.
- No reschedule fee will be charged in the event of bad weather.
- Reschedules will be subject to availability.
Payment Policy- Payments will be received prior to delivery of images.
- Credit card payments can be processed on location or online prior to the session.
- The photo release is not authorized until payment is received in full.
- Failure to pay for the images will result in a copyright infringement. You will be asked to remove the image from any electronic or printed form of advertisement. Failure to stop using them will result in legal action.
Limited Warranty- Manasota360 LLC represents that it has the right to enter into this Agreement and has the right to grant this license under the terms provided in this Agreement.
- Manasota360 LLC warrants that the copy of the Image supplied to you will be free from defects in materials and workmanship under normal use for a period of 30 days from the date you download it.
- EXCEPT AS PROVIDED ABOVE, THE IMAGE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MANASOTA360 LLC DOES NOT WARRANT THAT THE IMAGE WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE IMAGE IS WITH YOU.
Limitation of Remedies - Replacement or Refund: Manasota360 LLC's entire liability and your exclusive remedy, with respect to any claims arising out of your use of the Image or out of your actions in downloading the Image, shall be that you may be permitted to download the Image again. If you continue to be unable to download the Image, Manasota360 LLC will arrange for another means of distribution or refund your money.
- No Money Damages: UNDER NO CIRCUMSTANCES WHATSOEVER WILL MANASOTA360 LLC BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE IMAGE EVEN IF MANASOTA360 LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
Indemnification- You agree to indemnify and hold Manasota360 LLC harmless against all claims or liability asserted against Manasota360 LLC arising out of or in connection with any breach or alleged breach of any of the terms of this Agreement.
Governing Law and Jurisdiction- Governing Law: This Agreement, and its validity and effectiveness, shall be interpreted under and governed by the laws of the United State of America and the State of Florida.
- Jurisdiction: All court proceedings (including, but not limited to, judgment upon any arbital award or and copyright infringement claims) shall be brought in the US District Court, in a District of Florida. You agree to reimburse Manasota360 LLC for its legal fees, costs and disbursements if Manasota360 LLC is successful, and you consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery, to the address you provided to Manasota360 LLC.
This service agreement is a limited license photo release.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.