Photography Services Agreement
Tammy Dwight Photographic Services, LLC
5929 Kennedy Ave SE, Unit B
Auburn, WA 98092
206.372.4815
[email protected]
Terms for Photography
Definitions
For the purpose of this agreement, “The Photographer” means the author of The Work, Tammy Dwight. “The Work(s)” shall mean any and all “Photographs,” “Images,” “Footage,” “Media,” and/or “Video” and any and all other copyrightable material (whether edited or raw) created and furnished by The Photographer – in whatever form or medium – to The Client. “The Agency,” “The Broker,” and/or “The Client” shall, where the context so admits, include their respective licensees, assignees, sublicensees, and successors in title. In cases where The Photographer’s client is a direct Client (i.e., with no agency or intermediary), all references to both “The Agency” and “The Client” shall be interpreted as references to The Photographer’s client.
All contracts, verbal or written, are only accepted based on the condition that the Terms and Conditions of The Photographer are the only ones applicable. Any terms proposed by The Client are excluded unless explicitly agreed in writing. Verbal instructions accepted at The Photographer‘s discretion are not liable for execution errors. The person placing or signing the order is deemed authorized to do so. Email communication constitutes a contract in law unless otherwise agreed.
Agreement Binding
Hiring The Photographer constitutes agreement to these terms.
Any additional terms must be agreed to in writing prior to the shoot.
Contract Authority and Superseding Terms
The Photographer operates solely under the terms of this agreement. Any client-supplied contracts, service agreements, licensing waivers, or terms and conditions — including those embedded in platform services or MLS tools — are expressly rejected and hold no authority unless explicitly incorporated by amendment into this agreement and signed by The Photographer.
If additional rights, custom licensing, or special protections are required by The Client or their brokerage, these must be negotiated directly with The Photographer and added as a written amendment to this agreement. No third-party contract, portal terms, or boilerplate service language may supersede or override the terms outlined herein. Acceptance of this agreement is required for all services.
Scheduling and Retainer
Photography requests should be submitted via email to [email protected] or through our Contact or Booking Forms. We will reply to confirm details. Next-day orders are difficult, not guaranteed, and may be subject to an additional charge.
A tentative appointment is not booked until a retainer (if applicable) is paid. No appointments are guaranteed without a retainer. Once both parties confirm the appointment and the retainer is received, the appointment is considered booked, and the terms of this agreement become enforceable.
The retainer guarantees the photographer’s availability for the scheduled time and secures your appointment on our production calendar. It is not a license fee, usage payment, or image purchase, and is held separately from any future invoice for deliverables. In the event of cancellation or schedule changes outside of our policy, the retainer may be forfeited to cover lost time and opportunity costs.
At the Shoot
The Client is responsible for having an authorized representative on-site before the scheduled appointment to confirm the property is photo-ready (or make it photo-ready if it is not). In their absence, the property will be assumed to be in acceptable condition at the scheduled appointment time, and the shoot will proceed as scheduled regardless of the state of the property. In no way will The Photographer be held responsible for decisions regarding the properties suitability for photography.
The Client must ensure the property is safe, accessible, clean, and prepared for photography. The Photographer is not responsible for staging, hazards, site readiness, or cleaning/decluttering (unless prior arrangements have been made). If the property is not ready at the appointment time—or if the property is photographed and later deemed “not ready” by The Client, any reshoot will be scheduled at full rate. A waiting fee may apply for delays longer than 15 minutes on-site due to unpreparedness or lack of access.
The Photographer, hired for her established, award-winning style and professional, proven expertise in this field, retains full creative control over framing, lighting, and editing. These artistic decisions are final. If The Client (including homeowner or agent) wishes to direct, design, approve, or otherwise override The Photographer’s creative decisions and process during the session, the shoot may be reclassified as a commercial production and billed at commercial rates.
Photography is priced for efficiency—balancing quality with practical time spent on site and in post-production. While we always strive to represent the property and its colors as accurately as possible, the fast-paced nature of timelines and variable lighting conditions can sometimes limit absolute precision. Requests involving extended time, specific art direction, exact color matching, advanced editing, or detailed revisions require significantly more time and effort, and therefore fall under commercial photography services and pricing. If such needs are disclosed only on-site, a 25% surcharge will be added to the quoted rate.
Scope of Work
If the scope of work expands on-site without prior agreement, additional services will be billed at full rate, plus a 25% surcharge to account for the unscheduled time and disruption to our workflow may apply.
If The Client (including homeowner or agent) expects deliverables to exceed the standards typical of photography—for example, requiring exact color matching, or requesting more than one round of revisions on over 25% of delivered images—the project will be reclassified as a commercial shoot and billed at commercial photography rates.
Twilight Photography
Twilight shoots are subject to natural conditions beyond our control. We charge a premium due to the scheduling impact. Cancellations within 24 hours are non-refundable. Weather issues are not grounds for reshoots or refunds. If a twilight is reshot, it is billed at full price.
After the Shoot – Deliverables
We deliver images via HDPhotoHub, Dropbox, or similar, in JPG formats for print and web use. No RAW or unedited files are delivered. Proofs may not be used publicly and are for internal approval only.
Images are available for 30 days. Re-delivery after that may incur fees. Edit requests must be made within 14 days. One round of basic edits is included. Advanced retouching, compositing, object removal, extensive window view replacement, or digital alterations beyond standard corrections are not included in and will incur additional charges.
Cancellations, Delays & Payment Obligations
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Cancellations or postponements made within 24 hours will result in forfeiture of retainer.
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Delays of more than 30 minutes may incur a $100 late fee.
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At 60 minutes delay, the session is considered canceled, the retainer is forfeited, and late fee may apply.
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If canceled after The Photographer has arrived, the retainer is forfeited and full payment is required.
Once a shoot has begun, it is not cancelable for any reason. The full invoice is final and due upon delivery. The retainer is non-refundable under any circumstance. Refusal or non-use of images does not void payment obligations.
Inclement Weather Policy
Indoor shoots proceed as scheduled. Exteriors are rescheduled without penalty. Either party may invoke this policy at any time prior to the shoot.
Force Majeure
Neither party shall be liable for failure to perform due to circumstances beyond their control (e.g., weather, illness, emergencies, natural disasters). In such cases, retainers may be applied to reschedule within 30 days, subject to availability.
MLS Waivers, Real Estate Projects Only
Images may be redistributed via MLS to platforms like Zillow and Redfin. Redistribution is permitted if license terms remain active and the listing is live or within one year of image delivery. Unauthorized third-party use is not permitted.
In the course of promoting the home for sale, The Client is specifically allowed to post to FSBO sites, and other sites that promote the home for sale, so long as the contract and its terms remain in effect. Images may also be used by client to promote the sale of the home on social media (Facebook, Twitter, InstaGram, etc.) without restriction. Images may be posted to a Realtors site to promote the sale of the house, but may not be used to promote the Realtor, staging company, or for any other promotional purpose without additional license. In any case, such reposts may NOT alter the images in any way other than resizing/cropping to the format supported by that site.
The Client (and their broker and the publishing MLS) will be indemnified and held harmless by The Photographer against any unauthorized use of the images by third parties beyond The Client’s, The Broker’s and the MLS’s control.
Copyright and Licensing
All photographs are copyrighted by The Photographer upon creation. The Client is granted a limited license for use in marketing the listed property for one year or until it sells, whichever comes first. You are licensing the right to use the photos — not buying the images. No rights are granted until payment is received in full. Failure to make timely payment shall be deemed an act of copyright infringement under the United States Copyright Act.
For Real Estate, image use is limited to: MLS listings, real estate websites, printed marketing, and social media. Use by third parties or for branding, portfolio, or rental marketing is prohibited without additional licensing. For other projects, specific usage terms will be detailed on your invoice. Unauthorized use is a copyright violation subject to legal enforcement.
Use Restrictions and Licensing
All Clients are strictly bound by the licensing terms set forth in this agreement. For Real Estate projects, the standard MLS image license is granted solely for the purpose of marketing a single property for sale. Use of any images created by The Photographer for short-term rentals, vacation rentals, or any other commercial or recurring income-generating purposes — such as AirBnB, VRBO, or similar platforms — is explicitly prohibited without a separate commercial license. This includes any use by property managers, hosts, owners, or representatives for rental marketing, promotional websites, or paid listing services.
Such unauthorized use constitutes a breach of U.S. copyright law and a material violation of this agreement. All image licensing must be arranged and approved in writing by The Photographer. Clients may not grant usage rights to third parties or upload images to platforms that require sublicensing. If you are unsure whether your intended use is covered, please contact The Photographer before using the images. Copyright to all media and digital files remains the property of photographer. The only rights granted to the photographs are those specifically set forth above under usage license. All other rights are reserved by photographer. Rights granted may not be transferred or assigned, in whole or in part, whether voluntary or by operation of law without the express written consent of photographer. This agreement is not a work made for hire.
Alteration of Images
Clients may crop or resize images but may not otherwise edit or alter them without permission. This includes virtual staging and virtual twilight manipulation.
Exclusivity
Licenses are non-exclusive unless agreed in writing. The Photographer reserves the right to relicense images.
Guest Photography
No guest photography is allowed during sessions.
Virtual Tour Hosting and Data Retention
Virtual Tours (Matterport/Kuula) are hosted on a monthly or annual basis as agreed. Hosting begins on the date of delivery/completion. In the event of non-payment of hosting fees, the Virtual Tour will be moved to "archived" status. While archived, the tour will not be visible to the public or accessible via marketing links. Archived tours may be reactivated at the clients' request subject to a fee plus current hosting arrears. Tours that remain archived for more than 6 months may be permanently deleted. Photographer is not responsible for data loss due to permanent deletion following extended non-payment.
Data & Privacy
The Photographer agrees to keep all client information and project details confidential and will not disclose or use them outside the scope of services without consent.
Payment
Invoices are due upon delivery. No rights are granted until payment is received in full. Final media may not be released until payment is complete. Delays or refusals do not alter payment obligations. Overdue invoices are subject to interest and collections.
Failure to Perform
If The Photographer cannot perform this agreement in whole or in part due to a cause beyond the control of the parties, changing of details that no longer fit with The Photographer‘s originally agreed terms, or due to The Photographer‘s illness or injury, then The Photographer will return all fees to The Client (s) but shall have no further liability with respect to this Agreement. This is the parties’ entire agreement on this matter, superseding all previous negotiations or agreements.
In case of failure to faithfully perform the terms and covenants herein set forth, The Client shall pay all costs, interest, expenses, and reasonable attorney’s fees resulting from the enforcement of this agreement or any right arising out of such breach.
Refunds
If dissatisfied, The Client must notify The Photographer and allow for a re-edit or reshoot. If satisfaction cannot be achieved, a refund of up to 50% may be granted. In this case, all image rights revert to The Photographer and The Client may not use the images for any purpose. Once a shoot has begun, no cancellations, refunds, or reductions will be accepted. Non-use or rejection of images does not cancel payment obligations. Retainers are non-refundable.
Grant of License
The Photographer retains full ownership and copyright of all Photographs and The Works created. In accordance with this agreement, The Photographer grants The Client a very limited, non-exclusive, non-transferable license to use The Works as referenced in the invoice only. This license begins only upon full payment of the invoice and is valid for a period of one (1) year from the date of delivery or until the property sells, whichever comes first.
For Real Estate Projects, this license includes usage on The Client’s local MLS and distribution to affiliated real estate platforms (e.g., Zillow, Redfin, Realtor.com) solely for the promotion of the property for sale. Additional use for personal promotion (e.g., posting on The Client’s own real estate website or social media) is also permitted within the same term, as long as it directly relates to that specific listing.
No license is granted for commercial use of any kind, including (but not limited to) vacation rental, short-term rental, long-term rental, or AirBnB/VRBO-type marketing. These uses require a separate, explicitly negotiated commercial license agreement. Use of MLS-licensed images for any income-generating purpose beyond property sale is a direct violation of this agreement and will be treated as copyright infringement.
The Client may not sub-license, assign, or transfer the granted license to any other party, including property owners, stagers, designers, builders, brokerages, or marketing platforms, without prior written permission from The Photographer. If any third party inquires about using The Works or any portion thereof, The Client is required to direct that party to contact The Photographer directly to arrange proper licensing. Unauthorized use may result in immediate revocation of the license and may be prosecuted as a violation of U.S. copyright law.
