Terms Of Service

Terms of Service

The Licensing Agreement (the “AGREEMENT”) is entered into effect immediately between Illuminated Images, LLC (“PHOTOGRAPHER”) and (“CLIENT”). All references to the Client in this Agreement shall include Client’s parent companies, affiliates, and subsidiaries. This contract is in effect for all current and future bookings unless specified otherwise. By using services of the Photographer, Client is contractually bound to these Terms of Service.

Scope of this Agreement:  This Agreement applies to any photograph, video, graphics, or digital assets, etc. created or taken by Photographer and delivered to the Client (collectively known as “PHOTOS or PHOTO”). There is no tangible property transferred to the Client in this agreement. This Agreement governs the relationship between the parties and in no event shall any e-mail communication or other exchange, amend or otherwise modify the terms of this Agreement unless agreed to in writing.

Rights and Usage:  No Photos will be released until the agreed upon amount is paid in full. The Client will use the Photos, delivered from Photographer, in accordance with our License Terms. Any grant of rights is limited to a term of either 1) at the termination of Client’s representation of the Property, or 2) the property sale or lease is finalized, whichever occurs first. Once either of the two outcomes occur, Client is responsible for removing Photos, and all other marketing materials provided by Photographer from Multiple Listing Service “MLS” databases. Further use of delivered Photos from Photographer after Clients termination of representation, sale or lease finalizes, requires Photographer’s permission and Client to pay additional fees. All Photos, including but not limited to website(s), content within website(s), negatives, transparencies, proofs, digital media and previews, created by Photographer, will be the exclusive intellectual property of the Photographer. Photographer also retains the rights to use such property including but not limited to, for means of producing art, self promotion, selling/leasing to third parties, and any manner desired to express a chosen outcome. If necessary, client will execute any documents and undertake any other reasonable action necessary to effectuate or memorialize ownership of all intellectual property by the photographer.

License Terms:  Photographer grants Client a non-exclusive limited license to reproduce, publicly display, and distribute the Photos for promotional and advertising purposes directly related to, and for the exclusive purpose of listing the property for sale or lease. For use of the Photos for any purpose not directly relating to the sale of the property, Client must receive express written permission from the Photographer and pay additional fees, unless otherwise agreed to in writing. Photos delivered to Client are non transferable to third parties. Use of Photos by builder, architects, designers, stagers, homeowners, etc. is prohibited without first consulting the Photographer. The Client agrees to distribute the Photos through internet usage and physical usage in a commercially reasonable manner and in such manner that will not harm the professional reputation and brand of Photographer. Further, the Client agrees not to utilize the Photos in any illegal, libelous, scandalous, or such other manner that would tend to damage the image, reputation, and branding of the Photographer. Client will promptly call to the attention of Photographer the use of the Photos by any third-party which client considers to be an infringement. These License Use terms survive any modification or termination of this Agreement, unless expressly revoked by Photographer.

Internet Usage:  (“Internet Usage”) includes digital distribution of the Photos for use on Client’s website, email marketing, broadcast program and related social media business platforms (e.g. Facebook, Twitter, Instagram) for the Client’s advertisement of the property listing. Client may upload Photos to any Multiple Listing Service (“MLS”) website solely for promotion of the property during the Term of this Agreement. Regardless of any conditions of the MLS, at no time does this agreement grant client the right to transfer copyright, or any other exclusive rights as provided by 17 U.S.C. § 106. Photos may contain copyright management information (CMI) at the discretion of the photographer in the form of either 1) a copyright notice ©, and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes violation of the Digital Millennium Copyright Act (DMCA) and client will be responsible to the photographer for any penalties and awards available under the statute.

Physical usage:  (“Physical Usage”) includes physical reproductions of the Photos for use in physical marketing activities (e.g. brochures, newspaper ads) for the purposes of advertising the Property listing. Client may not use the Photos in merchandise or products for resale. Client may modify the images in commercially reasonable manners to facilitate distribution of the photography products as identified in this agreement. Modifications are limited to resizing, cropping and resolution adjustment to fit the distribution platform requirements.

Indemnification:  Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Photographer provides to Client. Claims against Photographer for the delivered artistic works must be brought to Photographer’s attention within 5 days from date of delivery. At that time, the Client waives any right to submit a claim to Photographer for reimbursement of any fees previously paid or for their waiver or forgiveness of any fees that may still be outstanding.

Right to Refuse:  Photographer reserves the right in its sole discretion to refuse service at any time. Sale of services is subject to availability. Deposits may be forfeited and or fees may be applied contingent to circumstances.

Pets and Animals:  Animals should be removed from the property before Photographer arrives. If animals cannot be removed, place them in a marked and secure room that does not need to be photographed for the time being. Client will notify Photographer if there will be pets or animals on property at least 24 hours before scheduled time. Photographer will do everything to ensure pets stay inside, but can not be held responsible for pets that escape during the duration of the shoot. Furthermore, if pets and animals are left out during the time Photographer is on location, Photographer retains the the right to cancel scheduled service and Client will be responsible for 100% of payment for services and any other fees occurred here within the Terms of Service. In the event Photographer does not cancel service and places pets and animals in a secured room, Photographer will not be held accountable for any damages or incidents occurring to pets or items in secured location. Client may be held responsible for any damages to Photographer or Photographer’s equipment if an unfortunate incident occurs. Furthermore, Client will be responsible for additional fees if Photographer must preform post production services to digital remove pets or animals from Photos before delivery.

Partnership:  The parties agree that Photographer is an independent contractor, and that neither Photographer, nor Photographer’s employees or contract personnel are, or shall be deemed to be, employees of Client or the homeowners. Photographer and Client are bound by this Agreement, not the homeowner(s). Client should communicate this with homeowner(s) prior to Photographer’s arrival if homeowner(s) are present during photography services. In the event a third-party Independent Contractor is hired for services and/or products, the Client agrees that Photographer will not be liable for any actions committed by the Independent Contractor, or for products provided by such Contractor. Client agrees to indemnify and hold harmless Photographer for the same.

Cancellation/Late/No show:  If Client cancels within 24 hours of the scheduled time, Client will be responsible for 50% of the fee and any expenses incurred for service(s) scheduled. If cancellation occurs within 12 hours of scheduled time, Client will be responsible for 100% of the fee and any expenses incurred for service(s) scheduled. If Client cancels and wants to reschedule within 24 hours of original scheduled service, there will be a $30 rescheduling fee. If Client is more than 30 minutes late and Photographer does not have access to property, Photographer has the right to cancel scheduled service. Client will then forfeit any deposits and be charged 100% of scheduled services. After a late or no show cancellation, a $45 rescheduling fee will be assessed to Client if services are rescheduled. All rescheduling and cancellation fees will be paid in full at least 24 hours before the rescheduled service time. Once the property has been photographed and Client cancels service(s) ordered, Client will be charge100% of the service. In the event the weather doesn’t cooperate with scheduled service, Parties involved can agree to perform partial service and reschedule the completion or reschedule the entirety of services with no extra fees.

Delivery/Production:  The Photographer retains the right of discretion in selection and processing of the Photos released to the Client. In delivering and after media is delivered to Client, Photographer in no event will be liable in ways of but not limited to, data transfer, encoding, streaming, printing, color management, poor reproduction quality, delays, etc., and/or be held responsible for consequential damages related to the handling of media from third parties. Unless otherwise specifically agreed upon by both parties in written form, Photographer is not responsible to provide images larger than 8”x10” at 300 dpi or in a format higher than 8-bit or in RAW(original) format. In the event Aerial/drone services are requested, if there are no significant locations present to superimpose on Photos, there will not be any discounts deducted from ordered services. Additional fees may be applied if more photos are requested to have location icon / text superimposed. All exterior photographs will have sky replacements if sky is overcast or not picturesque. It’s the Photographer’s discretion to decide the amount of visible sky needed to perform sky replacement services. Photographer has the sole discretion to replace the sky if visible from interior photos. Extra fees may be applied if Client requests the sky to be replaced for interior photos. Unfortunately, we can not facilitate the sky replacements in videos. In the case of video production services, ground and aerial, Client will have the option to make two small revisions for the video before final is delivered. Re-editing the entire or most of the video is not considered a revision. Replacing a couple clips (if already shot), adjusting video attributes, rewording text overlays can be considered revisions. If video includes music, Client can communicate desired genres, but Photographer will have sole discretion of music track(s) chosen. Other fees at Photographer’s discretion may be added if more revisions are needed after final delivery. Photographer is only obligated to deliver video resolution up to 1920X1080. If higher resolution than previously stated is required, it must be communicated in written form and agreed upon prior to scheduling. Addition fees may be applied for higher resolutions. Photographer will not deliver unedited/raw/original video files. Client will not be refunded if Photographer was paid in full and delivered media is not used for any reason. Photographer has no obligation to retain or archive any digital media delivered to Client after 30 days.

Virtual Images:  Virtual Staged photographs are outsourced. Photographer and Client will agree on best approach to an interior design of decor. Specific furniture and decor by known companies and/or designers is not guaranteed. Client will be responsible to provide Photographer with past examples prior to ordering to help facilitate a final. Photographer retains the right of discretion in selection of the final photograph(s) without Client’s review. If Client’s is not 100% satisfied upon delivery, revision fees may apply. Virtual Twilights are artistic renditions using regular daytime photos that have been manipulated with computer software to resemble photographs that have been taken during the onset of darkness of day or even just as or before the sun rises. Photographer can only interpret twilight qualities; Client can not expect hyper-realism for virtual twilight photographs.

Property Preparations/Attendance:  Client is responsible to have property prepped and photo ready before Photographer’s arrival. If property is not photo-ready, or takes longer than 30 minutes to complete, Photographer has the right to cancel service and Client will be responsible for paying 100% of service scheduled. Photographer is not a cleaning service, stager or anything alike. At the Photographer’s discretion property will be will shot as is, or in combination with but not limited to, objects removed from sight or adjusted, lights turned on or off, window blinds/exposure adjusted, or anything deemed necessary to capture the best photographs possible. The home must be clean and uncluttered, exterior landscape dry and groomed, animal waste cleaned from yard, and overall presentable at the scheduled time of shoot. Alarms must be de-activated. Children must be accompanied by an adult 21 years or older at all times. Attendance of Client, a representative of Client, and or homeowners is not required at property. If Client or representative of Client is absent, it’s the Client’s responsibility to communicate in writing with Photographer at least 24 hours before scheduled time with all the necessities to photograph property to Clients specifications. In the event there is no such communication in writing, Photographer’s interpretation of property will be deemed acceptable. If Client is not satisfied with delivered services without proper communication beforehand, Client will still be responsible for full payment of scheduled services and any other fees that require extra services or re-shoots of the same property. In the event of Homeowner(s) presence on site without the Client, Photographer is not obligated to fulfill homeowner(s) requests as describe in Partnerships of this Agreement. Please read and download the property preparation guide.

Drone Operations:  Illuminated Images is FAA certified and takes drone flying seriously. Drone operations rely on good weather conditions, and have strict FAA regulations that are always changing. Schedule at least 48 hours before drone/aerial services are required. Drone service fees are per location or property; extra fees may be applied if multiple locations are requested. There are many legalities and restrictions that may cause cancellation of drone services beyond Photographer’s control. Furthermore, Photographer’s ability to complete service and quality of delivered media to Client’s 100% satisfaction may also be impacted by weather and FAA restrictions. In the event Client does not have an exact property to be photographed or video produced, such as but not limited to, a large area of land, multiple locations, narrative of a community development, etc., Photographer will need GPS location points via Google maps, Google Earth or alike before confirming requested services. Moreover, explicit instructions in written form need to be communicated by Client and confirmed by Photographer of Client’s desired goals. If such instructions are not given by Client, Photographer has full creative control and final delivered content will be deemed acceptable by Client.

Weather Conditions:  These have been touched upon in other areas of this Agreement. Furthermore, the weather will be considered as scheduling takes place. Photographer and Client will communicate and agree on the best outcome for both parties if weather is unsatisfactory.

Travel:  There will be a $2 per additional mile and $15 per travel hour added to services that are outside the 20 mile service area, up to 30 miles. Please contact if service is needed beyond 30 miles from service area. Travel fees need to be paid upfront at least 24 hours before scheduled service.

Payments/Fees:  Client can pay by Cash, mobile Cash App, Zelle to 954-977-4455, ACH and bank wire transfers or Credit Card via links embedded on invoice. 3% of full amount added if using Credit Card and 1% added for ACH and bank transfers to cover transaction fees. Checks made out to Illuminated Images LLC are also accepted. All fees and expenses payable under this agreement are required before delivery of the Photos and payable irrespective of whether Client makes actual use of the Photos. “Additional/extra fees” will be decided at the Photographer’s discretion. If Photos are delivered and full payment has not been received within fifteen (15) days, all rights will be revoked at Photographer’s discretion. In the event rights are revoked, all images in the possession of Client will be removed from all MLS site databases, and all forms of media permanently destroyed within ten (10) days. Client shall provide Photographer with written statement that all Photos have been removed and destroyed. Prices are subject to change.

Returned Check Policy:  Client understands and agrees that upon presentation of a check as the form of payment for services provided by Photographer, that Photographer is entering into a contractual agreement that obligates Client and holds Client responsible for any and all penalties, costs, and incidental damages allowable under law, but not limited to, return check charges, state surcharges, interest, collection costs, legal expenses, attorney fees and expenses incidental to the principal obligation on any check that is returned non-payable. Any check returned unpaid for any reason will not be re-deposited. Client agrees to pay the full amount of the check plus a returned check fee of $35.00 for amounts up to $50, $40 for amounts between $50 and $300, or $45 if the face value exceeds $300, along with any other unforeseen fees that occurred, within 5 business days of the date that the check was returned unpaid. Payment must be made in the form of Cash, Cash App, Zelle, or certified check. If payment is not received within five (5) business days, Client understands and agrees that Photographer will charge an additional 5% late payment fee upon the sixth (6th) business day and an additional 10% per month thereafter. Client understands and agrees that if upon the fifteenth (15th) business day, the returned check remains unpaid, Client may turn over the dishonored check and all other available information relating to this incident to the State Attorney for criminal prosecution. Client may be additionally liable in a civil action for triple the amount of the check, but in no case less than $50, in addition to service charges, courts costs, reasonable attorney fees, and incurred bank fees.

Scheduling:  Please schedule 24-48 hours prior to actual date of service required. Drone service is not guaranteed in all areas and for best practice scheduled 48 hours in advance. Requesting service online does not guarantee service but does give Client priority. If Client requests service online, Photographer will respond by end of day to communicate the details of service required. Client also holds the responsibility to call Photographer, 904-577-4455, or email, illuminatedimagesllc@gmail.com, to schedule service. Moreover, upon scheduling, Client understands and agrees that it is the sole responsibility of the Client to communicate in written form any and all details necessary to help certify Photographer can complete service to Client’s satisfaction. Once Photographer verifies and approves location, Client and Photographer will confirm time and date, then the appointment will be considered booked. Please ensure all service requests including add-ons are scheduled at the same time. Photographer can not guarantee new service requests of property once scheduled service has commenced.

General Law/Arbitration:  This Agreement sets forth the entire understanding and agreement of the parties, and supersedes any and all prior agreements between the parties. This Agreement shall be governed and interpreted and enforced in accordance with the laws of the State of Florida. Any claim or litigation arising out of this Agreement or its performance may be maintained only in courts physically located closest to Illuminated Images local service area, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties.

Severability:  If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

Waiver:  No action of either party, other than express written waiver, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such rights or remedies will not preclude further exercise of other rights or remedy.