TERMS

Because we value your time and ours, we like to make sure our policies are clear in order to clarify expectations and avoid any miscommunication.

Cancellation / Rescheduling:

We ask for at least a 24-hour notice to cancel or reschedule a shoot. This allows us the opportunity of filling that time slot and no cancellation fee will be assessed. If a shoot is cancelled within the 24-hour window, a 50% fee of the total will be assessed as it is unlikely we will be able to fill that time slot in such short notice. If we arrive at the property and are unable to shoot because we were denied access to the property, a 100% fee will be assessed. We do highly recommend having an authorized individual, whether it be the homeowner and/or real estate agent present during the photo shoot. Having someone on site who can relate the highlights and details of the property is important to make sure the client’s expectations are met.

Weather Concerns:

As we all know, weather can change quickly here in the Pacific Northwest. As long as it is not raining, the shoot will go on! If the skies are overcast, we can edit in a sky replacement and still deliver striking images. Unexpected rain showers may require extra time on site in order to shoot the exterior of the home. High winds or rain may cancel the aerial drone photography portion of any shoot.

Staging & Cleaning:

We are professional photographers, not stagers or cleaners. It is up to you and your client to make sure the home is in perfect shape for a shoot, so we ask that you view the home prior to the shoot and pass on staging tips and preparation lists to the seller, which you can download here. We are unable to provide any cleaning services. For hygiene reasons, we don’t move anything in the bathrooms, to include soap, razors, toothbrushes, etc. so those will need to be put away prior to the shoot. We may make slight adjustments to furniture, window coverings and such if we feel it adds to the composition of the photo and we will try our best to return any adjustments to their original placement.

Turn Around Time:

All photos will be delivered within 48 hours. However, most shoots are delivered next day once payment is received.

aerial drone photography:

Aerial Drone Photography may not be available in all areas due to FAA restricted and authorized airspace. The majority of Bellingham lies within Class D airspace and we are working closely with the FAA to gain authorization to fly commercially in this airspace. Once we have the site address, we will determine whether we can legally fly at the site and let our clients know as soon as possible whether aerial photography is a viable option.

Usage Rights & License:

Elevate Pro Photo retains copyright and dual-ownership of of all imagery, video and stills, that it produces. Please read more below about copyright and image licensing.

Return Shoots:

We understand that uncontrollable circumstances happen – like showing up and a new addition isn’t finished even though you were told it would be. We’ll gladly return to any property and re-shoot certain rooms/elements for a $50 return trip fee.

Satisfaction Guarantee:

Our mission is to deliver the highest quality images as quickly as possible and we don’t feel it’s fair to charge you for something if you are unhappy with it. If you are unhappy with our photos for any reason, just let us know and we’ll gladly reshoot or re-edit it to your satisfaction. Our attitude is that Elevate Pro Photo is a member of your team and we’ll do anything within our power to create a successful and enjoyable experience for you and your clients.

 

IMAGE LICENSING

 

Copyright and Image Licensing can be a confusing subject so we think it’s important to look at the terminology and and how it applies to real estate and selling homes.

WHAT IS COPYRIGHT?

Copyright is the ownership of a digital or physical image. Under the Federal Copyright Act of 1976, whenever any literary or artistic work is created in the US, the copyright is automatically assigned to its creator.

For example, when you take a picture of your kids or a sunset, you automatically own the copyright to those photos.

One exception to this rule is when a photographer does work-for-hire and signs a written agreement that explicitly states that work is to be considered a work made for hire and ownership of the copyright is transferred to the client. This is more common for architectural and commercial photography when the client wants full ownership of the images without any usage/time restrictions.

If you hire a photographer and feel the need to own the photos, copyright transfer must be explicit, done in writing and incurs an additional fee as the photographer is giving up their rights to the images. Full copyright transfer costs much more money than image licensing and is rarely needed for real estate listings.

Image licensing

An Image Licensing agreement spells out exactly how images may be used by our clients. It needs to be in writing and agreed-upon by both parties before the shoot.

When working with a new client, we ask them to review and sign our Elevate Pro Photo Agreement. Here’s how our licensing agreement reads:


Once payment in full is received, photographer grants a non-exclusive license to use the Images to [Client’s Name]. You agree that the Rights to use the Images have been granted only to you. You agree not to transfer, assign or sub-license your rights to use the images, video or other media contained therein, to anyone without written permission of the copyright holder, Elevate Pro Photo. License covers publication and display of images in the following media: multiple listing services, the Internet and print, editorial, publicity, broadcast, and display throughout the world. For real estate, these rights are valid indefinitely, so long as you have the listing. If you no longer have the listing, you are giving up the rights to use the Images. License is not transferable. Third-party usage, except as defined above, is not granted with this license. If anyone asks you for any of your Rights to the Images, you agree to refer them to Elevate Pro Photo. If we agree to allow others to use the Images, an additional licensing fee may be required.


Our licensing agreement is an industry standard and simply states that the photos may be used by the client and their parent agency to promote the listing and parent company’s brand in any way they choose. However, the photos cannot be given or sold to a third party such as builders, stagers, architects, other real estate agents, etc. without written permission from Elevate Pro Photo. The license is non-exclusive, meaning I can use the photos to promote my work and license the photos to others.

so what exactly are you buying?

Here is a great analogy to put Copyright and Image Licensing into perspective! When you buy a song from iTunes for 99¢, you can listen to the song as much as you want and download it to all of your devices, but you don’t actually own the song. If you read Apple’s agreement when signing up for iTunes, it clearly states that you are just licensing the use of the song, not buying it.

Real estate photography licensing runs off of the same principal. Our ability to relicense the photos helps us keep our fees lower. A full day commercial photo shoot with image copyright transfer can cost thousands of dollars so image licensing is a way to offer real estate photography at a much lower cost.