A Brief Introduction About the Real Estate Photography Contract
Being a real estate photographer, it is your duty to flourish your business in this competitive market. To ensure that you will be paid on time and your pictures will be used legally, you must sign a real estate photography contract. Some real estate photographers sign the deal with an agent without drafting a photography contract. However, that could lead to future chaos. The parties can review photography contracts online before drafting this agreement. It is imperative to add all the essential terms to avoid future conflicts.
The contract acts as a guarantee that the agents, customers, and realtors you are working for will pay for your services on time. Furthermore, this contract specifies ownership and other legal rights.
Who Takes the Real Estate Photography Contract?
The photography contract is signed by the client and the photographer. This contract specifies the legal conditions that the client, realtor, and photographers have to abide by.
If you are a minor, you must get the photography contract signed by your parents. Otherwise, it will be considered invalid.
Purpose of the Real Estate Photography Contract
The main purpose of the photography contract is to specify the necessary obligations that each party has to understand and accept.
- Prevent miscommunications: A proper contract prevents possible miscommunication. As every condition is specified in the written form, there is little to no chance of future conflict.
- You look trustworthy and professional: The photographer must outline all the necessary terms in writing to build a trustworthy relationship with the client. When you present a photography contract form, you come across as a professional and experienced photographer.
Contents of the Real Estate Photography Contract
The following are the contents of the photography contract:
- Specifics: The first part of the contract is the specifics, i.e., the name of the photographer and client, their address, transaction details, contact information, and more. It also includes the total amount the client is spending on the photographer and the product he expects in return.
- Cancellation Policy: This section specifies the cancellation terms, i.e., the rules applicable to the client in the event that they decide to call off the deal.
- Expectations: Clients have certain expectations from the photographers. This part of the agreement mentions the expectations of the client and the photographer from each other. For example, the turnaround time, product delivery date, quality of the product, and other such details are specified in this section.
- No edit or reproduce: Though it is covered in the copyright policy, the terms about the editing must be mentioned under the different sections to ensure that the photograph will not be edited or modified.
- Copyright: The copyright clause releases the rights to the photograph from the photographer to the client. Once the photographer submits the pictures to the clients and releases the copyright, they cannot use it without the new owners’ consent.
How to Draft the Real Estate Photography Contract?
You can check the contract pdf to get an idea of drafting a photography agreement. It is important to include all the clauses to avoid future confusion. To draft a perfect contract, include the following clauses:
- Start and End Times: No photographer will want to work extra for their client. By creating the start and end times section in the photography contract, you can specify the commencement date of the project and its finishing period. This will ensure that you are compensated for all your work.
- Pricing and payment terms: The perfect photography form is the one where the pricing and payment terms are clearly specified. Photographers can either charge flat prices or hourly rates. Some photographers charge an upfront fee. You must mention all the payment terms in the contract.
- Deliverables and due dates: How are you going to present the photos to the client? Will you send it through the mail, or a CD? This section must include the number of photographs you will be submitting and by when, apart from the format in which they’ll be sent.
- Image Rights: You clicked the pictures; hence, you are the owner of these images. But as the client has purchased these pictures from you, he holds the ownership rights to the photographs. This transition gets quite confusing for both parties. To specify the copyright and ownership rights of the pictures, the image rights section should be included in the form.
Negotiation Strategy
Each party should understand the photography contract terms and sign them after agreeing to all the conditions. A well-drafted contract is the best way to clear the terms between the client, realtor, and the photographer. It avoids possible misunderstandings. Hence, it must be signed after mutual consent.
[ Also Read: Portrait Photography Contract ]
Benefits & Drawbacks of the Real Estate Photography Contract
Pros of Real estate photography contract are:
- It Manages Expectations – The photography contract is a great way to clear any doubts regarding the parties’ expectations. How you will be submitting the images, how the client is supposed to use them, what quality of the images the client expects from you, and other such factors can be clarified with this contract.
- Easy to Prove: Should any conflict arise in the future, you will have a photography contract to prove yourself. Before the parties sign a contract, they have to read and agree to all the terms specified in it.
- Copyright Issues: It avoids copyright issues by specifying ownership terms(1).
Cons:
- Time-Consuming: Creating a commercial real estate photography agreement is a time-consuming task, especially if you are getting into a short-term contract.
What Happens in Case of Violation?
In case of a violation of the real estate photography contract, the contract can be at the risk of termination. The contract will be terminated if any of the parties refuse to abide by the mentioned terms.
Even though the agreement is not mandatory, experts often recommend a real estate photography form to be signed before a deal is settled. The aerial photography agreement must be signed by both parties to ensure a safe deal.