Real Estate Photography in North Carolina and South Carolina.

Ownership and Usage Rights:

All images, videos and associated rights, including copyright and ownership of the media in which they are stored, remain the exclusive property of Werked Media. The Client is granted a limited license to reproduce, publicly display, and distribute the images and video solely for promotional and advertising purposes related to the sale of the specified property. Any other usage outside of this scope requires explicit written permission from Werked Media and may be subject to additional fees.

Images may be uploaded to multiple listing services (MLS) exclusively for property promotion. However, irrespective of any terms within the MLS, this agreement does not grant the Client ownership of copyright or any exclusive rights as outlined in the Copyright Act (17 U.S.C. § 106). Werked Media reserves the right to embed copyright management information (CMI) in the form of a copyright notice or other identifying data within the metadata. Any removal or alteration of such information is strictly prohibited and may be subject to penalties under the Digital Millennium Copyright Act (DMCA).

Unless otherwise stated in this agreement or another signed document, the granted usage rights are limited to either (1) one year from the agreement date or (2) the termination of the Client’s representation of the property, whichever comes first. Any usage beyond this term requires express permission and may incur additional licensing fees. Rights are assigned to the Client upon full payment and delivery of the images.

Independent Contractor Status:

Werked Media and its personnel operate as independent contractors and shall not be deemed employees of the Client. No partnership, joint venture, or employer-employee relationship is established under this agreement. Furthermore, all deliverables, including images and videos, are not considered “work for hire” under copyright law. The Client’s rights to the images are explicitly defined within this document.

Photography  and Videography Process:

Werked Media retains full discretion over the creation process of the images or videos. The Client has no right to control the method or approach used in capturing the photos or videos. Werked Media will strive to ensure that the images meet the Client’s specifications and are delivered in a high-quality, publishable format within the agreed timeline.

Delivery of Images and Videos:

Images and videos will be delivered in JPEG, TIFF, PNG, MP4 or another standard format, at a resolution deemed appropriate by Werked Media for the licensed usage. It is the Client’s responsibility to verify that the images and videos meet their requirements and notify Werked Media of any issues within five (5) business days. If images need to be replaced due to quality concerns, Werked Media will provide suitable replacements. However, Werked Media is not liable for poor reproduction quality, delays, or any consequential damages.

Unless specifically agreed upon, Werked Media is not obligated to provide images in resolutions exceeding 8″x10″ at 300 DPI, higher than 8-bit format, or in RAW format. Additionally, Werked Media does not guarantee the retention or archiving of images after delivery.

Fees and Payment:

All fees must be paid in full before images become available for download and no later than fifteen (15) business days from the date of the photoshoot. Payment is required regardless of whether the Client uses the images. If payment is not received within thirty (30) days, Werked Media reserves the right to revoke all granted rights. In such cases, the Client must remove all images from all forms of media and permanently delete them within ten (10) days, providing written confirmation of removal.

Cancellation Policy:

Cancellations made on the day of the scheduled shoot will incur a 25% cancellation fee. If the photographer is en route or arrives at an inaccessible or unprepared property, a 50% cancellation fee will apply.

Non-Transferability:

The Client may not transfer or assign any rights granted under this agreement to any other party without prior written consent from Werked Media.

Indemnification:

The Client agrees to indemnify and hold Werked Media harmless from any claims, liabilities, damages, costs, or expenses arising from the use of the images or materials provided by the Client. The Client is responsible for obtaining any necessary property or model releases and ensuring they are valid and enforceable.

Severability Clause:

If any provision of this agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full effect. Any necessary modifications will be made only to the extent required to render the affected provision enforceable.

Waiver:

No provision of this agreement shall be waived except in writing. The failure to enforce any right under this agreement does not constitute a waiver of future enforcement of that right or any other rights.