Terms of Service

Business Terms of Service.  Please read this are carefully.  It will help answer some questions about how we do business.

By ordering photography services from James Bruce Photography you are agreeing to our terms of service and to our Terms of Image Usage.

1.  You agree to abide by our Terms of Image Usage. (below)

2.  You certify to James Bruce Photography that you have authority to have the house or property photographed, this is done with your usual listing agreement. If you are uncertain, we will provide a photo release.

3.  You agree to have the property ready for photography at the agreed upon time.

4.  You have seen our work and are comfortable with the photography we produce.

Refunds and Reschedules

Reschedules are part of the business, but they should be a rare occurrence.

1.  We will reschedule an appointment at the agent’s discretion for weather issues anytime prior to 3 hours before a shoot without any additional fee.  We can work, rain or shine (there are limits), the choice is the agent’s.  If  the agent chooses to postpone, we will work to get the property in on the first available day.  In the event that we photography a property on an inclement day, and the agent requests a re-shoot of the property, the re-shoot would be subject to a $70.00 trip charge plus any applicable driving fees.

2.  We will be glad to reschedule a photography session for any reason until noon the day before the shoot.  We ask that the agent contact their client prior to that time to make sure the property is ready.  We will assume that if we have not heard from the agent by that time that we can set a firm time with the client and they will be ready.  A postponement after that time will result in a $70.00 reschedule charge.

3.  In the event that we arrive at a home, and it is not ready for photography, we will call the agent and agree to either shoot the home as-is, or shoot the portion of the house that is ready and charge the $70.00 reshoot fee to return, or we will leave and a charge equal to the cost of photography services and drive fees will be required for us to return.

4.  We will issue a refund for real estate photography services up until noon the day before a session is scheduled.  If a home sells before that time, it is up to the agent to communicate that to us by then.  In the event that a home has to be postponed, no refund will be given for photography services, however we will refund the amount for no-photography services, (tour hosting, website domain names, driving fees, etc.)

5.  When you cancel a session we will process the refund for that shoot.

Reschedules Aerial

Aerial photography has its own set of problems with weather, mostly wind, and with FAA regulations.  It is up to the pilot of the aerial vehicle as to whether or not it is safe to do the photography on a given day and to make sure that he/she has permission to fly.  In the event that we cannot fly on a particular day, we will work with the agent to have the photography done at the soonest opportunity.

Refunds follow the same rules as with our other photography services.

Image Processing

In general we do not heavily edit images for real estate photography.  Our goal is to portray the home as it is in a happy shiny way.  We can make changes to photographs that do not affect the home condition, such as removing a car from a driveway or taking a child’s name off of a wall or green up a yard.  If those types of “photoshop” edits are required, please let us know, and we will let you know the cost for those changes.

We cannot remove things like power lines, or electrical boxes from yards or make any change that affects the “condition of the home.” We will try to avoid those types of things, but we cannot take them out of photos.

Fees for Services

Our fees for real estate photography are listed on our website<a title=”Full Price List” href=”http://jamesbrucephotos.com/2014/02/11/full-price-list/”> here</a>.  If you need a custom quote, please contact us.  In general our sessions are paid upfront at the time of order placement.  In some cases we may ask for a deposit instead of payment in full if the session will be a very complicated one.

Photo Usage

Real Estate Photography is Commercial Photography and as such has two parts to every billing, the creation part and the licensing of images part.  We generally combine the two into one price.  The majority of our commercial business is in the area of real estate, and our standard terms of service reflect that.  For all other clients we create custom licensing agreements to reflect the type of license and the type of photography session that is required, however Realtors occasionally have a need for licensing that goes beyond the standard real estate agreement, we offer that as well.

Please Note

Images that are created by James Bruce Photography often have a shelf life beyond the real estate shoot.  We frequently license images to other parties that we have taken for real estate.  When we do that we do our best to let agents and sometimes former homeowners know.  We also take out personal effects that might indicate who the owner was.  (family photos and such)

1.  Images (including photos and videos) produced by James Bruce Photography are the property by law of James Bruce Photography. We do not transfer rights to those images to third parties including realtors.

2.  Images are not owned by the realtor, agent, broker, mls, parent company or any other entity.

3.  Images are licensed to the original realtor(s) for the duration of the listing (single property address) (in case of property for sale) or for 1 year in the case of property for lease.  Additional licensing may be purchased, please let us know what you need.

4.  Images may be re-purposed by James Bruce Photography during and/or after the listing period for reasons including but not limited to, promotion of James Bruce Photography, promotion of the agent’s business, builder/stager/designer portfolio, licensing to another agent after a listing has expired, or any other legitimate reason.

5.  Images may not be transferred by the agent to any party (including brokers, builders, architects, stagers) except as needed for the promotion of the property for sale.  Examples of the legitimate use of images would be posting on the realtor’s or company’s own website, posting to social media for the duration of the listing, publication in advertising for property for sale in periodicals such as newspapers or magazines.

6.  Images may be given to the sellers of property for non-commercial use.  A media kit is downloadable from our tours that is appropriate for that usage.

Please note that James Bruce Photography retains all copyright to materials produced, unless specified in writing.