Real Estate Property Photo

REAL ESTATE PROPERTY PHOTO ACKNOWLEDGMENT AND RELEASE

Parties and Property Identification

Property Address:

Owner / Grantor

Photographer / Licensee

Photography Event Details

Date of Photography:    Time:    Photographer on site:

Areas photographed (check all that apply): Interior Exterior Aerial / Drone Virtual tour / 3D

Photo Log (Enter each image captured)

Complete a row for each photograph. Provide sequential numbering and a concise description of content and location within the property.

Disclosures and Property Conditions

Lead-based paint present? Yes No

Known mold or water damage? Yes No

Structural or material prior damage affecting photographed areas? Yes No

Occupied or staged? Occupied Staged

Grant of Rights, Warranty, and Release

Owner hereby grants to Photographer and Photographer's brokerage, licensees and assigns a perpetual, royalty-free, non-exclusive license to use, reproduce, publish and distribute the photographs and related images of the property for marketing, advertising, listing services, brochures, electronic distribution, social media and other promotional purposes related to sale, lease or management of the property (collectively, the Uses). The license includes the right to crop, edit, alter, add captions, and combine images with other material as reasonably necessary for the Uses.

Owner represents and warrants that Owner is the sole owner or authorized representative with authority to grant the rights described herein, that Owner has removed or covered personal and sensitive materials before photography, and that no releases from tenants, occupants or third parties are required to permit the Uses. Owner further warrants that any persons appearing in photographs are either adults who have signed releases or that no persons requiring a release are depicted.

Owner releases and forever discharges Photographer and Photographer's brokerage, agents and assigns from any and all claims, demands and liabilities arising out of the use of the photographs for the Uses provided that Photographer complies with the warranty and removal obligations above. Owner agrees to indemnify, defend and hold Photographer harmless from any third-party claim arising from Owner's breach of the warranties set forth in this document.

Restrictions: Photographer shall not sell or license the photographs for stock or unrelated commercial uses outside of marketing or sale of the listed property without separate written permission from Owner. Sensitive personal data visible in any image shall be redacted prior to public distribution.

Retention, Storage, and Ownership of Originals

Photographer retains copyright to the original images unless otherwise agreed in writing. Photographer shall maintain reasonable digital security measures to protect original files. Upon written request Owner may obtain copies of the images; Photographer may charge a reasonable duplication fee.

Default, Remedies, and Governing Law

The parties acknowledge that monetary damages may be inadequate to remedy a breach of the confidentiality or restriction provisions and that equitable relief, including injunctive relief and specific performance, may be sought. This agreement shall be governed by and construed in accordance with the laws of the state in which the property is located. Venue for disputes shall be in the county in which the property is located.

Entire Agreement: This document constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and representations, whether written or oral.

Acknowledgment

By signing below the parties acknowledge that they have read and understand this Property Photo Acknowledgment and Release, that they are authorized to bind the party for whom they sign, and that they execute this agreement voluntarily and with full knowledge of its legal effect.

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