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Photo Licensing Agreement

DMISCMEDIA/Darien Martell ( PHOTOGRAPHER ) retains the copyright for all digital images created in the course of doing business and all images on this website. The commissioning real estate broker/agent ( CLIENT ) is granted a license to use property images, for which they have paid, for the promotion of that property in any media while CLIENT manages the listing. License expires once property has Sold, Expired or is Withdrawn. Images must not be edited/altered by anyone other than PHOTOGRAPHER with the exception of minor cropping and/or resizing only.

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CLIENT may NOT give, license or sell images to anyone without PHOTOGRAPHER's permission. This includes the property owner, other broker/agent/Realtors, builder, architect, stager or any other vendor. Disregarding these terms will result in copyright infringement/violation ( Digital Millennium Copyright Act of 1998, 17 U.S.C. §512(c) ) and may result in legal action. PHOTOGRAPHER recognizes that CLIENT does not control how images are shared by MLS and syndicated to other property listing sites (Zillow, Trulia, et al.) and CLIENT is not liable for such use beyond license expiration.

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PHOTOGRAPHER may re-license real estate images for commercial use by developers, builders, designers, vendors, or other parties. This will be executed with a separate agreement between PHOTOGRAPHER and licensee.

* Licensing terms for custom photography projects with other commercial clients are tailored according to the project estimate and can be found in that document as well as on final invoices.

Cancellations & Weather

Cancellations must be made at least 24-hours before scheduled photoshoot start time. Real Estate Photoshoots cancelled with less than 24-hours notice will be subject to a cancellation fee of $50. Any cancellation within 2 hours of the shoot or once the photographer has arrived will be subject to 100% of the package amount.

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Weather-related cancellations are subject to the terms above. Some weather conditions can adversely effect exterior home photo quality or prevent safe drone flight. In the event of unfavorable weather, the interior photos will be photographed as planned. Alternate arrangements will be made for exterior or aerial re-shoot and additional fees may apply unless full cancellation is made at least 24-hours in advance.

Property Condition

CLIENT will ensure that the listing is clean and ready for photography at time of service. PHOTOGRAPHER is not responsible for cleaning, dusting, changing lightbulbs or moving of furniture but may adjust window coverings, move small items or turn on/off lights as necessary. CLIENT shall ensure that there are no hazards to the photographer's safety and that pets are confined out of view. PHOTOGRAPHER will not retouch images to disguise known defects and/or physical structures such as wall/floor blemishes, driveway cracks, power lines, etc.

Payment

Payment is expected within 7 days of delivery of the images to client, or the stated due date on the invoice. Failure to pay by due date will result in a 2% fee assessed daily. Failure to pay an invoice past due of 30 days or more will result in legal action. Timely payment is expected as DMISCMEDIA/Darien Martell ( PHOTOGRAPHER ) does not require payment prior to a shoot as most of the industry does.

Travel

Due to the cost of gas, how difficult / how long it can take to travel around Oahu, there will be travel fees added depending on the location of the shoot. These travel fees can range between $0 to $75. If you book more than one shoot in a specific area, you will only be charged for a single travel fee. For example) You have two houses you need photographed in Ewa Beach and they are scheduled for a shoot within a reasonable time frame of each other, you will not be charged two travel fees. However if you have a shoot scheduled in Ewa Beach at 9am and have another one you want me to shoot at 4pm, that will require two separate travel fees as I cannot just sit in the Ewa Beach all day.

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$0 Travel Fee

  • Halawa / Aiea area to Hawaii Kai

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$25 Travel Fee

  • Pearl City, Kailua, Kaneohe, Waimanalo areas.

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$50 Travel Fee

  • Mililani, Makakilo, Kapolei, Ewa Beach & Honokai Hale areas.

  • Ahuimanu, Kahaluu & Waikane areas.

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$75 Travel Fee

  • Areas North of Nanakuli, Mililani & Kaaawa.

  • North Shore

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