Found Art Studio Photo License and Service Agreement

Found Art Studio License and Service Agreement

USE OF PHOTOS:

The customer expressly agrees to the terms and conditions of this License and Service Agreement as an inducement and consideration for Found Art Studio agreement to photograph, visually record, or otherwise create graphics or other images of the items and/or properties requested by customer (referred to as “Services” and/or “Images”) in exchange for a fee. These terms are subject to change without notice. The parties hereby agree, for good and valuable consideration received, as follows:

LICENSE AGREEMENT

Customer agrees to pay Found Art Studio in consideration of the services rendered and the license granted below pursuant to this License Agreement.

Grant of License Terms:

• Found Art Studio hereby grants to customers a royalty-free license to reproduce, distribute, display, prepare works of, and publicly present the Images in perpetuity.
• This license grant shall include the right to sue for copyright infringement, including without limitation past infringement.
• Customers acknowledge it may not sell, distribute, give away or otherwise exchange the Images provided by and through this Agreement.

Found Art Studio and Customer understand and agree that Found Art Studio is an independent contractor of customer and nothing in this Agreement shall be construed to create a partnership, or joint venture, between Found Art Studio and Customer.

Found Art Studio hereby represents and warrants that it owns all right, title, and interest in and to the Images, no third party has any rights in, to, or arising out of the Images, and Found Art Studio has full right and power to enter into this Agreement and grant the license. Customer acknowledges that Found Art Studio retains all rights, title and ownership to all Images.

Customer agrees that only the Customer has the rights to use the Images and that those rights cannot be transferred to any third party without the express written permission from Found Art Studio, including but not limited to a builder, designer, remodeler, or stager of the property photographed.  The Customer cannot give away, sell or resell the images to any third party.

Customer agrees that if a third party is interested in obtaining usage rights to the Images, it will direct that third party to Found Art Studio at hello@foundart.studio for grant of license for fee.

The validity, construction, and enforceability of this Agreement shall be governed in all respects by the laws of the State of Texas. The terms and conditions set forth herein constitute the entire agreement between the parties and shall supersede all prior agreements. This Agreement may not be amended except in writing signed by the respective parties. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.

Customer agrees that any claims, losses, expenses, injuries, or damages arising out of or any way related to this Agreement shall not exceed the total compensation paid to and received by Found Art Studio from the customer for its services related to the Images under this Agreement.

CANCELLATION / RESCHEDULE POLICY

Please notify us as soon as possible about any cancellations or reschedules - text 512-507-7612.  Found Art Studio does not charge cancellation/reschedule fees unless upon arrival the space is not ready to photograph.  There is a fee of $100 for cancellation after arrival.

PAYMENT POLICY and DELIVERY OF PHOTOS

Found Art Studio operates on a fee for service basis, all monies owed are payable upon the completion of the job.   You will receive a click to pay invoice via Quickbooks and can pay by credit card, bank account or PayPal.  Once payment is received, I will send you a shared Google Drive folder with your images.

TRIP CHARGES

Trip charges occur for properties over 30 minutes home address: 3608 Pennsylvania Ave 78721 or 604 Salgado 79843  -  These charges are added to the base photo shoot cost.

COMMUNICATION

By texting me at 512-507-7612 number you agree to receive text messages at the number provided. Standard message/data rates apply.

OTHER COMMITMENTS

Found Art Studio doesn't handle any cleaning, dusting, or moving of furniture - liability reasons!

Found Art Studio will, at the photographer's discretion, adjust window coverings or turn on or off lights as deemed necessary to better capture the scene(s) and move small items that may be distracting in the photo. The property must be clean and presentable at the scheduled time of the photo shoot.

The homeowner shall ensure that there are no hazards to the photographer's safety.

Pets are to be contained or removed from the property for the photography session. Often a friendly dog will be aggressive when someone enters their domain that they don’t know. The photographer reserves the right to terminate the shoot if they feel threatened in any way. The photographer will do everything to ensure pets stay inside, but are not responsible for pets that escape the property during the photography session.

Homeowners should ensure children are supervised and out of the camera’s view

Photographers will do their best that all significant aspects of the property shall be included in the tour unless the condition of said aspect has a negative impact on the tour. This shall be left solely up to the photographer's discretion, unless specific aspect(s) of the property are specifically requested by the agent or the homeowner.

Once the home has been photographed, the service may not be canceled. The customer will be charged the full price of the package ordered. In addition, the Photographer will not retouch images in order to disguise any known defects and/or physical structures such as cracks in walls or driveways, powerlines, water towers, etc.

All photography will be processed and sent to the customer by 6pm the following day after the photo shoot unless otherwise arranged.  

COPYRIGHT NOTICE

Found Art LLC keeps the copyright protection of all web pages and digital images. Found Art LLC reserves the right to use all images for promotion of Found Art LLC but not a third party. The original customer who paid for this service, has permission to use these images on any electronic or printed form of advertisement for the promotion of that property. Images cannot be altered after they are in your possession.

Images cannot be sold or given away by one customer to another customer. Failure to pay for the images will result in a copyright infringement/violation. 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.