PHOTOGRAPHY USAGE AGREEMENT
By using the photographs taken by [Inspire Productions Photography & Videography] ("Photographer"), you ("Client") agree to the following terms and conditions:
1. Grant of Rights
The Photographer grants the Client a non-exclusive, non-transferable license to use the photographs taken by the Photographer (the "Photographs") for the purpose of listing and marketing real estate properties (the "Properties"). The Client may use the Photographs on real estate listing platforms, their own website, and in printed marketing materials related to the Properties.
2. Copyright and Ownership
The Photographer retains all copyright and ownership rights to the Photographs. This Agreement does not transfer any ownership rights to the Client.
3. Usage Limitations
The Client agrees that the Photographs will only be used for the marketing and sale/lease of the Properties listed with the Client. Any other use of the Photographs, including use by other real estate agents, brokers, or third parties, is strictly prohibited without the express written permission of the Photographer.
4. Unauthorised Use
The Client acknowledges that any unauthorised use of the Photographs by a third party constitutes copyright infringement and is subject to legal action. The Client is responsible for ensuring that the Photographs are not used by unauthorised parties.
5. Attribution
The Client agrees to attribute the Photographs to the Photographer in a manner agreed upon by both parties.
6. Moral Rights
The Photographer asserts their moral rights to the Photographs, including the right to be attributed as the creator of the Photographs and the right to object to any derogatory treatment of the Photographs.
7. Termination
Either party may terminate this Agreement upon written notice to the other party. Upon termination, the Client must cease all use of the Photographs and remove them from any platforms where they have been published.
8. Indemnification
The Client agrees to indemnify and hold harmless the Photographer from any claims, damages, or expenses arising out of the Client's use of the Photographs, except where such claims, damages, or expenses result from the Photographer's negligence or wilful misconduct.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the Copyright Act 1968 (Cth) of Australia, without regard to its conflict of law principles.
10. Entire Agreement
This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, representations, and understandings of the parties. This Agreement may only be amended in writing signed by both parties.
11. Additional Properties
For each additional property for which the Client intends to use the Photographs, a written addendum to this Agreement must be signed by both parties specifying the address of the property and any specific terms related to the use of the Photographs for that property.
By using the photographs taken by [Inspire Productions Photography & Videography] ("Photographer"), you ("Client") agree to the following terms and conditions:
1. Grant of Rights
The Photographer grants the Client a non-exclusive, non-transferable license to use the photographs taken by the Photographer (the "Photographs") for the purpose of listing and marketing real estate properties (the "Properties"). The Client may use the Photographs on real estate listing platforms, their own website, and in printed marketing materials related to the Properties.
2. Copyright and Ownership
The Photographer retains all copyright and ownership rights to the Photographs. This Agreement does not transfer any ownership rights to the Client.
3. Usage Limitations
The Client agrees that the Photographs will only be used for the marketing and sale/lease of the Properties listed with the Client. Any other use of the Photographs, including use by other real estate agents, brokers, or third parties, is strictly prohibited without the express written permission of the Photographer.
4. Unauthorised Use
The Client acknowledges that any unauthorised use of the Photographs by a third party constitutes copyright infringement and is subject to legal action. The Client is responsible for ensuring that the Photographs are not used by unauthorised parties.
5. Attribution
The Client agrees to attribute the Photographs to the Photographer in a manner agreed upon by both parties.
6. Moral Rights
The Photographer asserts their moral rights to the Photographs, including the right to be attributed as the creator of the Photographs and the right to object to any derogatory treatment of the Photographs.
7. Termination
Either party may terminate this Agreement upon written notice to the other party. Upon termination, the Client must cease all use of the Photographs and remove them from any platforms where they have been published.
8. Indemnification
The Client agrees to indemnify and hold harmless the Photographer from any claims, damages, or expenses arising out of the Client's use of the Photographs, except where such claims, damages, or expenses result from the Photographer's negligence or wilful misconduct.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the Copyright Act 1968 (Cth) of Australia, without regard to its conflict of law principles.
10. Entire Agreement
This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, representations, and understandings of the parties. This Agreement may only be amended in writing signed by both parties.
11. Additional Properties
For each additional property for which the Client intends to use the Photographs, a written addendum to this Agreement must be signed by both parties specifying the address of the property and any specific terms related to the use of the Photographs for that property.