REAL ESTATE PHOTOGRAPHY SERVICES AGREEMENT
THIS AGREEMENT is hereby entered into on this ………………day of …….……………. Two Thousand and ……………………………
BETWEEN
1.Toks Media LLC, a Real Estate Photography company with its principal place of business at[address], New Jersey hereinafter referred to as “the company”
AND
- [Client names], an Individual/ Company hereinafter referred to as “the Client”
WHEREAS, the Company is engaged in the business of providing professional photography services to clients, including real estate photography services;
WHEREAS, the Client desires to engage the Company to provide real estate photography services for the property of that project;
WHEREAS, the Company desires to provide such services to Client, subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, the Parties agree as follows:
3.SERVICES:
The Company agrees to provide real estate photography services to the Client for the purpose of marketing and promotion. The services will be provided in a professional manner and in accordance with industry standards.
4.TRIAL PERIOD:
The first (1st) year of the agreement will serve as a trial period to evaluate the quality of the Company. After the first year, if both parties are satisfied with the quality of the services provided, the agreement will continue for the remaining 3 years. During this time, the Company shall provide [insert number] images of the Property to the Client. The scope of the services to be provided shall be as agreed upon by the parties in writing prior to the start of the project.
5.PAYMENT:
The payment for the photography services will be determined by the number of images ordered by Client for each project. The parties will agree on the price per image prior to each project. The Company will invoice the Client for the fees upon completion of each project. The Client agrees to pay the invoice within [number] days of receipt. If the Client cancels or reschedules the photography session less than 24 hours prior to the scheduled time, the Company shall be entitled to a cancellation fee of [insert percentage] of the total fee.
6.COPYRIGHT AND USAGE:
The Company owns the copyright to all images produced under this agreement. However, the Client is granted a non-exclusive, perpetual, worldwide license to use th images for any purpose related to the marketing and promotion of the Property. The Client may not transfer the copyright or sell the images to any third party without the written consent of the Company. However, if the client would like to purchase the copyright, they could pay [amount] per image. The Company may use the images for promotional purposes, including on its website and social media channels
7.DISPUTE RESOLUTION:
In the event of any dispute arising from this agreement, both parties agree to first attempt to resolve the dispute through mediation. If mediation is unsuccessful, the dispute will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The party filing the dispute shall bear the cost of mediation or arbitration.
8.LIMITED LIABILITY:
The Company will not be liable for any damages arising out of the misuse of any equipment by the Client or any third party. The Client agrees to indemnify and hold the Company harmless from any and all claims, liabilities, damages, and expenses arising out of the use of the images.
9.TERMINATION:
Either party may terminate this Agreement at any time upon written notice to the other party. In the event of termination, the Client shall pay the Company for all services provided prior to the effective date of termination.
10.INDEPENDENT CONTRACTOR:
The Company is an independent contractor and is not an employee or agent of the Client. The Company shall be solely responsible for payment of all taxes and other obligations imposed on it by law.
11.CONFIDENTIALITY
The parties acknowledge and agree that any and all information, whether written or oral, furnished by one party to the other party in connection with this Agreement is confidential and shall not be disclosed to any third party, except as required by law or with the prior written consent of the disclosing party.
12.GOVERNING LAW:
This agreement shall be governed by and construed in accordance with the laws of the State of New Jersey.
13.INTELLECTUAL PROPERTY:
The Company shall own all intellectual property rights in any work product created in connection with the Services. The Client shall have a limited, non-exclusive, non-transferable license to use such work product solely for the purpose of promoting the Property.
14.INDEMNIFICATION:
The Client agrees to indemnify and hold the Company harmless from any and all damages, claims, or losses arising out of or in connection with Client’s use of the images provided by the Company.
15.ENTIRE AGREEMENT:
This agreement contains the entire understanding between the parties and supersedes all prior agreements and understandings, whether written or oral.
This agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
By signing below, both parties acknowledge that they have read, understand, and agree to all terms and conditions outlined in this agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
SIGNED by the parties: )
……………………………. ) _________________
(TOKS MEDIA LLC – THE COMPANY) ) Signature
) )
AND
………………………………..
(CLIENT NAMES– THE CLIENT) _________________
) Signature
)
)
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