Terms & Conditions – Real Estate Photography
Northumberland Architectural & Property Photography
Quick Summary:
You are purchasing a licence to use the media for marketing the specific property during the licence period only.
You may not transfer, assign, sub-license, sell, or otherwise provide the media to another agent, brokerage, property owner, builder, designer, or third party without the photographer’s written permission.
If the property sells, the listing agreement ends, or the licence period expires, the licence ends.
Relisting the same property by the same hiring agent or brokerage while representing the same property owner is permitted during the licence period.
Existing media may be available for relicensing to a new agent or brokerage under a separate licensing agreement.
By hiring Northumberland Architectural & Property Photography (“the photographer”), you (“the client”) agree to the following terms and conditions.
License Duration
• The licence is valid for 365 days from the date of delivery, until the property is sold, or until the listing agreement between the property owner and the hiring agent or brokerage is terminated, whichever occurs first.
• If the property is temporarily withdrawn, cancelled, or relisted under a new MLS® number by the same hiring agent or brokerage while representing the same property owner, the original licence remains valid for the remainder of the licence period.
• If the listing agreement is terminated or representation transfers to another agent or brokerage, all usage rights immediately expire unless otherwise agreed in writing.
• Media may not be transferred, assigned, sub-licensed, or made available for use by another agent, brokerage, property owner, builder, designer, or any third party without the photographer’s prior written consent.
• A new agent or brokerage may obtain a separate licence directly from the photographer. Such licences are independent of any previous licensing agreement and are subject to the photographer’s approval, applicable fees, and standard licensing terms.
Permitted Use
• MLS listing and syndication (Zillow, Realtor.ca, etc.).
• The hiring agent’s individual professional social media accounts and website.
• Internal brokerage marketing for the specific property only.
• Relisting the same property by the hiring agent or brokerage during the licence period.
Prohibited Use
• Commercial use (e.g., builder, designer, or product marketing) without a separate licence.
• Usage by the property owner for future rental (Airbnb/VRBO) or private sale is strictly prohibited without a separate residential use licence.
• Transfer of media to other agents, property owners, or third parties.
• Heavy editing, filters, or alterations beyond basic cropping or resizing.
• Use of the media after the licence has expired.
Ownership & Usage Rights
• All photographs, videos, and other original media created by the photographer remain the copyright of Shawn Bailey, operating as Northumberland Architectural & Property Photography. Copyright ownership is not transferred through the purchase of services or a media licence.
• The client is granted a non-exclusive, non-transferable, revocable in accordance with these terms and conditions, licence for marketing the specific property during the licence period only.
• Any third-party usage (builders, designers, stagers, etc.) requires a separate licence agreement.
Media Relicensing
Media originally produced for another agent or brokerage may be available for licensing to a new client.
Relicensing may include individual media products, such as photographs, aerial images, videos, or floor plans, without requiring the purchase of the original package.
All relicensing requests are subject to the photographer’s approval and the continued accuracy and suitability of the existing media.
A separate licence fee applies and will be quoted based on the media requested, its age, and its intended use.
Each new licence is subject to NAPP’s standard licensing terms, beginning on the date the new licence is granted.
The photographer reserves the right to decline relicensing when the existing media no longer accurately represents the property or is otherwise unsuitable for reuse.
Unauthorized Commercial Use
• Third-party 'Credit' on social media does not constitute a licence. Unauthorized commercial use by third parties will be invoiced at the photographer’s standard commercial rate.
Media Delivery & Payment
• Preview images may be delivered with watermarks.
• Final media will be released once payment has been received in full.
•Matterport 3D tours include an initial 90-day hosting period beginning on the date the tour is delivered.
Hosting extensions are available at the published rates in effect when the extension is purchased.
Clients are responsible for requesting and paying for hosting extensions before the current hosting period expires.
Tours may be archived or made unavailable when the paid hosting period ends.
Reactivation of archived tours is subject to availability and may incur additional fees.
Turnaround Time & Delivery
• Standard Photography: Our goal is to deliver completed photo galleries by the end of the next business day following the shoot. While we strive to maintain this turnaround, delivery times are estimates only and are not guaranteed. Actual delivery times may vary depending on workload and project requirements.
• Virtual Staging: Virtually staged images are typically delivered within 24–48 hours following photo selection. Turnaround may vary depending on the complexity of the staging requirements.
• Video & Reels: Edited video walkthroughs, drone videos, and social media reels are typically delivered within 48–72 hours. Delivery times may vary depending on project complexity and workload.
• Matterport 3D Tours: Tours are typically processed and delivered within 48–72 hours, subject to processing requirements and third-party platform availability.
• CubiCasa & Floor Plans: Floor plans and interactive tours are typically delivered within 24–48 hours, depending on third-party processing.
• Business Days: Delivery estimates refer to business days, excluding weekends and statutory holidays.
• Rush Policy: Same-day delivery ($100) and next-business-morning delivery ($50) may be available upon request, subject to scheduling and workload. Rush services must be confirmed before the assignment.
Virtual Staging & Floor Plans
• Staging Revisions: Includes one round of minor adjustments (e.g., swapping a furniture piece). Major style overhauls or layout changes after the initial render will incur additional fees.
• Accuracy: Floor plans and CubiCasa tours are for illustrative marketing purposes only. While highly accurate, all measurements are approximate and should not be used for legal or construction purposes.
Additional Deliverables
Package pricing includes the services and deliverables specified in the selected package.
Additional photographs, alternate angles, video edits, social media exports, or other deliverables outside the agreed scope may incur additional charges.
Additional services will be quoted or approved before work proceeds.
Edits and Revisions
All photo packages include one round of minor revisions.
Minor revisions include:
• Exposure / brightness adjustments.
• Colour balance refinements.
• Cropping and straightening.
Revision requests must:
• Include specific image file numbers.
• Provide clear, actionable instructions.
Requests such as:
• “make all photos brighter”
• “adjust the entire set”
…will require clarification and may be treated as additional editing.
Any processing errors or missed deliverables will be corrected at no additional charge.
Additional revision rounds, extensive edits, or stylistic changes are billed at $15–$25 per image, or quoted separately depending on the scope of work.
Revision requests must be submitted within 7 calendar days of delivery.
After this period, or once images have been delivered and used, additional edits will be billed accordingly.
Revision turnaround is typically completed within 24 hours of receiving clear feedback.
Same-day or rush revisions are not guaranteed and may be subject to additional fees.
Creative Approach & Technical Standards
• All images are captured and edited using professional real estate photography standards.
• Lens selection, composition, and editing style are determined by the photographer to ensure:
• Accurate proportions
• Minimal distortion
• A clean, natural representation of the property
• Requests that conflict with professional standards (e.g., excessive distortion, unnatural brightness, or unrealistic editing) may be declined or treated as custom work.
Subjective Preferences
Photography involves both technical and creative judgment.
Reasonable adjustments are included; however, differences in personal preference (including brightness, composition, or style) do not constitute an error or deficiency in service.
Additional Visits & Reshoots
Additional visits to the property due to:
• Scheduling changes
• Access issues
• Missed preparation
• Client requests
…may be subject to additional charges, including travel and production fees.
Staging and Preparation
Properties must be fully cleaned, decluttered, and photo-ready prior to the scheduled appointment.
This includes:
• All lights turned on and functioning
• Personal items, garbage, and clutter removed
• Surfaces cleaned
• Staging completed (if applicable)
The photographer is responsible for lighting, composition, and capture — not cleaning, staging, or correcting preventable issues.
Requests for object removal (e.g., garbage bins, cords, clutter) or other corrective edits will be billed as custom editing.
Video & Social Media Reels
Video Production & Scope
Video services include the filming, editing, and delivery of the finished video described in the selected service or package.
Standard video production is directed by the photographer. Shot selection, camera movement, composition, editing, and overall creative direction remain at the photographer’s discretion.
Requests for additional filming, alternate productions, or significant changes to the agreed scope may require additional fees.
Agent On-Camera Features
Agent on-camera appearances are available as an add-on to property video services.
The standard add-on includes:
• One agent and one filming location.
• Up to 30 seconds of finished on-camera footage.
• A maximum of three takes.
• Up to 20 minutes of additional on-site filming.
• Audio processing and integration into the finished video.
Agents must arrive prepared with their talking points.
Additional filming, scripting, multiple locations, or extended production requirements are not included.
Additional production time is billed at $100 per hour in 30-minute increments, with prior client approval.
Social Media Reel Add-Ons
Social media reel add-ons are available when purchased alongside an on-site photography or video service.
The add-on includes one additional professionally edited vertical video of up to 60 seconds.
Additional site visits, agent appearances, or filming requirements outside the original assignment may incur additional charges.
Drone Photography & Videography
Drone operations are subject to weather conditions, airspace restrictions, applicable Canadian aviation regulations, and safe flight operations.
The photographer retains final authority over whether a flight can be conducted safely and legally.
When drone operations cannot be completed, alternative arrangements or adjustments to the agreed services will be discussed with the client.
• Audio & Music: Videos and Reels are delivered with two options: a version with professional royalty-free music and a "silent" version for use with Instagram/TikTok’s native trending audio. The photographer is not responsible for platform-imposed mutes or copyright flags on client-selected audio.
• Audio Revisions: Requests to replace music, re-edit, or synchronize footage to a specific music track after delivery are considered additional editing. Fees begin at $25, with more extensive revisions quoted according to the work required.
• Video Revisions: One round of minor revisions is included (typos, colour tweaks, swapping 1–2 clips). Major structural changes or re-editing for different aspect ratios are billed as additional work.
• Social Media Collaboration: Use of the Instagram/Facebook "Collab" feature is permitted for the hiring agent only. Collaborating with third-party vendors (builders, stagers, etc.) without consent is prohibited.
• Captions & AI: While the photographer utilises AI-assisted transcription for captions, the client is responsible for final proofreading of all text overlays prior to publication.
Raw Footage & Project Files
Delivery includes final edited media files only, unless otherwise agreed in writing.
RAW photographs, unedited video footage, source files, and editing project files remain the property of the photographer and are not included in standard service pricing.
Source materials may be deleted 30 days after delivery. Their continued availability is not guaranteed.
Archiving
Final delivered media will normally be retained for 12 months following delivery.
Long-term storage and permanent archival of delivered media, RAW files, or project files are not guaranteed.
Clients are responsible for downloading and maintaining their own backups of delivered files.
Optional Credit
Social media credit is appreciated:
@northumberlandpropertyphoto
#northumberlandpropertyphoto
Unforeseen Circumstances
The photographer shall not be liable for delays or inability to perform services due to weather, equipment failure, illness, government restrictions, drone flight restrictions, power outages, or other circumstances beyond reasonable control. In such cases, services will be rescheduled or alternative arrangements made where reasonably possible.
Cancellation & Rescheduling
Clients are requested to provide at least 24 hours’ notice when cancelling or rescheduling an appointment.
We understand that real estate schedules can change unexpectedly and will make reasonable efforts to accommodate changes.
Repeated last-minute cancellations, missed appointments, or failure to provide property access may result in advance payment being required for future bookings.
The photographer reserves the right to decline future appointments when repeated scheduling issues interfere with business operations.
Terms Updates
These Terms & Conditions may be updated periodically.
Unless otherwise agreed in writing, the version in effect when the booking is confirmed will apply to that assignment.
Contact
For licensing inquiries or questions:
📧 shawn@northumberlandpropertyphoto.ca