REAL ESTATE SERVICE AGREEMENT

By ordering services from Premier Photography, you agree to the following Service Agreement for Digital Imagery. We hope these policies are helpful and instructional as we work together to create beautiful photographs for your marketing. 

Limited Licensing Release: 

In order to provide you with the best service and support at reasonable pricing, we do not sell our photographs. We license their use. So, the fee quoted is especially dependent on (1) payment of the invoice in full, (2) using the photographs only as indicated, and (3) protecting them with proper copyright notification. 

THIS SERVICE AGREEMENT IS A LIMITED LICENSE PHOTO RELEASE.

Images delivered are licensed to the “licensee” for: 

The purpose of listing a property only. 

  • Term of the listing, not to exceed 1 year.
  • A primary photo can be used for a longer duration and for additional
    “sold” marketing materials.
  • Only the “licensee” has permission to use the delivered images on any
    electronic or printed form of advertisement for the promotion of
    the property.
  • Builders, stagers, designers, or “third parties” that wish to use images
    must contact the photographer directly for licensing and fees. In addition to payment, a property release must be obtained from the homeowner by that third party.
  • For image integrity, and quality control we ask that images not be altered once delivered.

Image editing will be done by Premier Photography, fees may apply.

  • Please contact us for an additional release for any/all printed publications. Fees may apply.
  • Images cannot/will not be made available to another agent who takes over an expired or withdrawn listing.
  • Unauthorized use of images is a copyright violation according to Copyright Act 17 U.S.C § 106, and will result in termination of this contract.
  • Virtual tours will remain active as long as you require. Not to exceed 1 year, terms of which will be the same as above.

COPYRIGHT NOTICE:

  • The photographer who has taken an image is the copyright holder of the image. Premier Photography retains all copyrights expressed and implied otherwise for all images taken.
  • Copyright is not and will not be transferred to any other party.
  • Licensing may be obtained for various applications of images. Please
    contact us for more details.

HOMEOWNER POLICY:

  • Home sellers/buyers may request a copy of the photos from the photographer only.
  • We will supply images to the homeowner in an "owner media kit". Fees and licenses will apply. Call for details.

SHOOT REQUESTS:
To ensure the best results of the photo shoot please be sure the home is ready prior to the scheduled shoot time. We have provided a “get your home ready for photos” check list available to all agents/home owners as a guideline on our website. We work on a set time schedule for every shoot. Time is a precious commodity, both yours and ours.

  • It is the agent’s responsibility to ensure that the listing is ready for the virtual tour to be produced at the arranged time.
  • For liability Elevate Media Productions does not handle any cleaning, dusting, or moving of furniture.
  • The homeowner and/or agents shall ensure that there are no hazards to the photographer’s safety.
  • The photographer will work with agents and/or homeowners with regard to pets, but the photographer is not a pet wrangler. If pets will be an issue, please make a note of it when you order services. 
  • Generally, we will be photographing through the entire home. We do
    not usually include utility rooms, closets, or garages, but if you would like those included, please let us know prior to the shoot.
  • Amenities are not included on/in a property shoot, and fall under separate pricing and licensing. If you are requiring amenities to be photographed, please contact us prior to the shoot for additional information.

    CANCELLATION/POSTPONEMENT POLICY:
    Premier Photography understands that homes may not be ready for shooting as expected.

    • It is the responsibility of the agent to inform us as soon as possible for rescheduling.
    • A photo session that is rescheduled or canceled after 8pm the day before will be charged a 50% rescheduling fee. Premier Photography retains the right to determine situations that may be exempt.
    • Once a photographer has arrived at a property, the order may be canceled, however there will be no refund.
    • Reschedules will be subject to the photographer’s availability.

    WEATHER POLICY:

    • There will be times services cannot be completed due to weather. In those circumstances, the decision about shooting is up to the agent. If the agent chooses to proceed with photography, we will provide the best images we can. If additional outdoor photos are required on a better weather day, our standard re- shoot fee will apply.
    • No reschedule fee will be charged in the event of bad weather. Reschedules will be subject to availability.

    PAYMENT POLICY:

    • Payments will be received upon delivery of images.
    • Credit card payments can be processed via Tonomo when the image delivery email is sent.
    • The photo release is not authorized until payment is received in full.
    • Failure to pay for the images will result in a copyright infringement.
      You will be asked to remove the image from any electronic or printed form of advertisement. Failure to stop using them will result in legal action.

    Thank you for taking the time to read our terms and agreement. If questions arise, feel free to contact us directly. (479-459-6308)

    Privacy Policy for Premier Photography App
    Effective Date: May 1, 2025 Last Updated: May 26, 2025
    Premier Photography (“we,” “us,” or “our”) respects your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our Real Estate Photography App (“App”), available on the Google Play Store and Apple App Store.
    Please read this Privacy Policy carefully. If you do not agree with the terms, please do not access or use the App.

    1. Information We Collect

    We collect the following types of data when you use our App:

    a. Personal Information

    • Name, email address, and phone number (if entered by the user)
    • Business name or company affiliation
    • Profile picture or account avatar (if uploaded)

    b. Usage Data 

    • IP address
    • Device information (model, OS version, unique identifiers)
    • Time zone and language settings
    • App interactions (buttons clicked, features accessed)

    c. Location Data 

    • Approximate or precise location (with your permission), typically used to tag or organize photo shoot locations

    d. Media and Files 

    • Photos or videos uploaded, taken, or edited within the app
    • Metadata from uploaded content (e.g., timestamps, geolocation)

    e. Third-Party Login Information 

    • If you sign in via Google, Facebook, or Apple, we may collect authentication tokens and associated email addresses 

    2. How We Use Your Information 

    We use the collected information to: 

    • Provide core features of the App (e.g., booking, scheduling, uploading photos)
    • Personalize user experience
    • Improve app performance and functionality
    • Respond to customer service inquiries
    • Send service-related communications or push notifications
    • Analyze usage trends for optimization and analytics
    • Comply with legal obligations

    3. How We Share Your Information 

    We do not sell or rent your personal data. However, we may share your data with: 

    a. Service Providers 

    • Cloud hosting providers (e.g., AWS, Firebase)
    • Analytics services (e.g., Google Analytics for Firebase)
    • Email or notification services

    b. Business Transfers 

    If our business or the App is sold or merged, user information may be transferred as part of that transaction. 

    c. Legal Requirements 

    We may disclose your data: 

    • To comply with applicable laws or legal process
    • To protect the rights or safety of our users or the public
    • To enforce our terms and policies

    4. Data Retention 

    We retain user data only as long as necessary to fulfill the purposes outlined in this policy or as required by law. Users can request deletion of their data by contacting us (see Section 8). 

    5. User Controls and Your Rights

    You have the right to: 

    • Access and correct your personal data
    • Request deletion of your information
    • Withdraw location permissions at any time
    • Opt out of non-essential notifications 

    You can manage these settings directly within the App or your device settings. 

    6. Children's Privacy

    This App is not intended for users under the age of 13. We do not knowingly collect personal information from children. If we learn we have collected data from a child without parental consent, we will delete that information. 

    7. Security 

    We take reasonable administrative, technical, and physical precautions to protect your personal data. However, no method of transmission over the internet or mobile networks is 100% secure. 

    8. Contact Us 

    If you have questions or requests regarding this Privacy Policy or your data, please contact: 

    Premier Photography 

    Email: orders@premierphotoco.com

    Phone: 479-459-6308

    Website: www.premierphotoco.com 

    9. Changes to This Policy 

    We may update this Privacy Policy from time to time. We will notify you of significant changes by posting a notice within the App or updating the “Effective Date” above. Your continued use of the App after any update indicates your acceptance of the revised policy.