Real Estate Media License Agreement
Acknowledgement by Engagement: By engaging the services of Above and Beyond Creative, the Licensee agrees to the terms outlined in this Agreement.
This Real Estate Media Photography License Agreement ("Agreement") is applicable from the moment of engaging the services provided by Above and Beyond Creative ("Licensor"), by any client ("Licensee"). By commissioning Above and Beyond Creative for real estate media services, Licensee agrees to the following terms and conditions without the necessity for a physical or digital signature.
Recitals:
WHEREAS, Licensor specialises in the creation and licensing of photographic and videographic content for real estate marketing;
WHEREAS, Licensee, by engaging the services of Licensor, desires to obtain a license to use specific photographic and videographic media provided by Licensor for the purpose of promoting a real estate property;
Therefore, the parties acknowledge:
Grant of License: Licensor grants Licensee a non-exclusive, non-transferable right to use the specified photographic and videographic media ("Media") for marketing and advertising the designated real estate property ("Property"). This license includes use in print, online listings, social media, and other direct marketing materials.
Use Restrictions: The Media cannot be sold, redistributed, sublicensed, or used beyond the outlined purposes without Licensor's consent. Licensee shall not use the Media in a manner that harms Licensor's reputation or violates laws.
Copyright and Ownership: Licensor retains all rights to the Media. The Agreement confers no ownership rights, only usage rights as detailed herein.
License Duration and Renewal: The license granted herein allows for the use of the specified photographic and videographic media ("Media") in marketing efforts until the property is sold. If the Media is used for rental purposes, the license extends to permit use by the same property manager for successive rental campaigns, irrespective of changes in tenancy. This continuous use is conditional upon the property manager remaining the same. The license will only cease should the property owner appoint a new property management entity. In such an event, the new property manager must obtain a separate agreement to use the Media for future rental campaigns.
Indemnification: Licensee agrees to indemnify Licensor from any claims arising from improper use of the Media.
Termination: This Agreement can be terminated by either party with written notice. Upon termination, all Media usage must cease, and copies destroyed or returned.
Governing Law: Governed by the laws of Western Australia.
Entire Agreement: This document constitutes the full agreement on this matter, superseding all previous communications.
Future Engagements: This Agreement shall automatically apply to all future bookings, engagements, or projects for real estate media services between Licensor and Licensee, unless otherwise agreed in writing by both parties. This includes bookings or engagements initiated through any means, including but not limited to, a booking form on the Licensor's website, text messages, emails, or phone calls. Each new project or booking by Licensee under this Agreement will be considered a new and separate grant of license under the terms herein, without the necessity of executing a new agreement for each project. The specifics of each engagement, including but not limited to, the property details, scope of media services, and compensation, will be confirmed by a simple confirmation email sent by the Licensor to the Licensee. This email will serve as the definitive agreement on the specifics of the engagement and will reference this Agreement, thus forming an integral part of the agreement between the parties for each specific project.
Future Use of Property Images Licensing Terms
a) License for Original Use: Images provided by Above and Beyond Creative are specifically for the client's use to market the property during their initial selling or leasing campaign. This license is directly granted to the client for use linked to their particular listing period only.
b) New Licensing Agreement Required: If the property changes hands or is listed again by a different agency wanting to use the previously commissioned images, they need to contact Above and Beyond Creative directly to arrange a new licensing agreement. The original license does not allow third parties to use the images without obtaining permission from Above and Beyond Creative.
c) Disclosure Requirement: When new owners or agencies ask about reusing the images, the original client or their agency must inform them that the images were produced by Above and Beyond Creative. They should also be advised that to use these images again, they need to contact Above and Beyond Creative to discuss a new licensing agreement.
d) Contact Information for New Licenses: For information on licensing images for properties under new ownership or new agency listings, please reach out to Above and Beyond Creative at: - Email: bookings@aboveandbeyondcreative.com.au - Website: www.aboveandbeyondcreative.com.au - Phone: 0434 200 736
We are ready to help with the right licensing for your needs, ensuring you have the legal right to use our images for your property marketing.
For further details on licensing or to arrange new agreements, contact Above and Beyond Creative at bookings@aboveandbeyondcreative.com.au, www.aboveandbeyondcreative.com.au, or phone 0434 200 736.
Acknowledgement by Engagement: By engaging the services of Above and Beyond Creative, the Licensee agrees to the terms outlined in this Agreement.