Terms and Conditions
These terms and conditions apply to any photos, graphics, digital assets, digital video, or hosted tours, herein referred to as “media” taken by Will Kohl and/or Will Kohl Photography, herein referred to as “photographer” and delivered to the client. By commissioning any form of media created by photographer, client agrees to the terms and conditions set forth below.
Rights
All media and rights relating to them, including copyright and ownership rights in the form in which the media are stored, remain the sole and exclusive property of the photographer. This license provides the client with the limited right to reproduce, publicly display, and distribute the media only for promotional or advertising purposes directly related to the sale of a real estate listing, herein referred to as “the property”. Media used for any purpose not directly related to the sale of the property must be with the express permission of photographer and the payment of additional fees, unless otherwise agreed to in writing.
Media may be uploaded to any MLS listing service solely for promotion of the property during the pendency of the initial listing. However, regardless of any terms and conditions of the MLS, at no time do these terms and conditions provide client with the right to transfer copyright, or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106. Media 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 photographer and client. 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.
Unless otherwise specifically provided elsewhere in the form of a superseding signed agreement between the parties, any grant of rights is limited to a term of either one (1) year from the date of media delivery, or (2) one month after the termination of client’s representation of the property, whichever occurs first. Further use of images beyond one (1) year requires photographer’s permission and additional fees. The aformentioned rights are assigned to the client immediately upon delivery of the media.
Relationship of the Parties
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. No agency, partnership, joint venture, or employee-employer relationship is intended or created by delivery and payment of the media. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. photographer and media, or any other deliverables prepared by photographer shall not be deemed a work for hire as defined under Copyright Law. All rights granted to client are contractual in nature and are expressly defined by these terms and conditions.
Creation
The manner and method of creating any media is solely at the discretion of photographer and the client has no right to control photographer’s manner and method of performance under this Agreement. Photographer will use his best efforts to: (a) ensure that the media conform to client’s specifications; and (b) submit all media to client in publishable quality, on or before the agreed to deadlines.
Delivery
Photographer will delivery still media in JPEG format, at a resolution that photographer determines will be suitable for the still media licensed. A high-res version of the JPEG still media (no higher than 15MB per photo) and a compressed, MLS version (no higher than 2MB per photo) of the JPEG still media will be delivered. It is the client's responsibility to verify that still media are suitable for reproduction and that if the still media is not deemed suitable, to notify the photographer with five (5) business days. Photographer’s sole obligation will be to replace the still media at a suitable resolution but in no event will photographer be liable for poor reproduction quality, delays, or consequential damages. Still media will be delivered via Dropbox.
Video media will be delivered via hosting service link and uploaded at a resolution of no less than 1080P and no more than 4K. Streaming resolution may be dictated by client or customer’s bandwidth speed and screen resolution. Hosting service, unless otherwise agreed to by parties in writing, shall be Vimeo.
VR tour media will be delivered via hosting service link and uploaded at a resolution of no higher than 16384 x 8192 pixels per photosphere. Hosting service, unless otherwise agreed to by parties in writing, shall be Kuula.
Custom listing website shall be shared using URL. Custom URL will be created using photographer’s root domain (kohl.media), and the property address as the URL slug. Listing website shall be hosted using Squarespace and all listing media commissioned by client will be embeded in the website page. Client agrees to allow contact information, name and/or photo, and brokerage information be displayed on listing website. Any contact form included on listing website shall be routed directly to client’s phone or email. Photographer shall not have access to, nor be responsible for, any forms of contact created using listing website.
Fees
All fees and expenses payable agreed to by parties are required no later than seven (7) days from the delivery of the media and are payable irrespective of whether client makes actual use of the media. If full payment has not been received within thirty (30) days all rights are revoked at photographer’s discretion. In the event rights are revoked, all images in the possession of Client will be removed from all forms of media and permanently destroyed within five (5) days. Client shall provide Photographer with written statement that all images have been removed and destroyed. Unless otherwise agreed to in writing, invoicing will be sent via email and payment processing handled by Square.
No Exclusivity
Commission and/or payment for the media does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by photographer, and photographer shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by photographer.
Transfer and Assignment
Client may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties. However, the invoice may reflect, and client is bound by authorizations that could not be confirmed in writing because of insufficient time or other practical considerations.