Listed Simply

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Prepare For Your Photography Shoot

MLS PLUS PLAN

PHOTOGRAPHY SERVICE AGREEMENT

This Photography Service Agreement (the “Agreement”) is made by and between the Listed Simply website member (the “Member”), the photographer selected to photograph the Member’s property (the “Property”), Homejab.com (the “Photographer”), and Capital Realty Group, Inc. dba Listed Simply (“Listed Simply”).  The Member, Photographer, and Listed Simply are sometimes referred to individually as “Party”, or collectively as “Parties. All references to “Property” refer to the property and the area surrounding the Property being photographed. This Agreement is effective as of the date of execution by all parties (the “Effective Date”).

The undersigned Parties agree as follows:

  1. The Member is the owner, or authorized owner representative, of the Property being photographed.
  1. The Member is commissioning the Photographer to photograph the Property pursuant to the terms and conditions of this Agreement.
  1. The Photographer desires to take photographs of the Member’s Property pursuant to the terms and conditions of this Agreement.
  1. All parties are duly authorized and capable of entering into this Agreement.

In consideration of the foregoing and the mutual promises and benefits contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties further agree as follows: 

  1. Effective as of the Effective Date, Photographer agrees to photograph the Member’s Property, the Member agrees to have the Photographer photograph the Property.
  1. The Member is responsible for scheduling the date and time for the Photographer to come to the Property to complete the photography of the Property via the “Listed Simply Dashboard”. SELLERS will also be sent an SMS text message with a link to schedule the photography shoot.
  1. COPYRIGHT & LICENSING. The Photographer is taking the photographs as a “work made for hire”, as the term is used by the United States Copyright Law, and as such all rights to the photographs are owned by the Member. The Member grants Listed Simply an irrevocable, perpetual, non-exclusive, royalty-free, fully paid-up, worldwide license to the photographs, to be used in any manner that Listed Simply and/or its employees deem acceptable.
  1. Listed Simply will pay the Photographer a one-time fee when Member schedules the photography session via ListedSimply.com.

 

  1. MEMBER’S REPRESENTATIONS AND WARRANTIES. The Member hereby represents and warrants to the Photographer as follows:
    1. The execution, delivery, and performance of this Agreement do not violate any law or governmental rule, regulation, or order applicable to the Member.
    2. The Member has received appropriate permission from all Property occupants and owners to have Photographer photograph the entire Property, including any and all interior spaces.
    3. Member will ensure the Property is free of any ‘For Sale’ sign as most MLS’s prohibit the presence of any ‘For Sale’ sign in photographs.
    4. The Member understands and agrees that, due to legal and ethical reasons, the Photographer will not edit the photographs in a way that will erase a permanent feature of the Property or cause a mis-representation of the Property.
    5. The Member understands and agrees that they are solely responsible for the cleanup and staging of the Property. The Photographer may make minor adjustments, at their own discretion, but is not required to make any such adjustments and the Property may be shot “As Is”.
    6. The Member understands and agrees that due to the inability to obtain feedback efficiently on the high number of photographs, the Photographer will decide which photographs will be used for processing and finishing.
    7. The Member understands and agrees they are solely responsible for ensuring the Photographer is able to access the Property on the day of the shoot. The Member is responsible for making any special requests known to the Photographer in advance of the shoot. In the absence of direction from the Member, the Photographer will shoot the Property based on their experience and discretion, with typical priority given to the major rooms and the front and back exteriors.
    8. The Member understands and agrees that the Photographer is not an employee of Listed Simply, is outside of the control of Listed Simply, and any disputes with the Photographer shall be settled directly with the Photographer or photography company www.homejab.com.
    9. The Member understands and agrees that all photographs uploaded to ListedSimply.com will be removed from ListedSimply.com after a period of 1 year has passed.
  1. PHOTOGRAPHER REPRESENTATION AND WARRANTIES
  1. Photographer maintains appropriate insurance including, but not limited to, errors and omissions insurance, professional liability insurance, and general liability insured.
  1. Within 48 hours of taking the photographs, Photographer agrees to do the following:
  1. Email one set of photographs that have been optimized to MLS standards to the SELLER
  1. All Property photographs shared by the Photographer shall remain accessible for the Member to download for a minimum of 12 months.
  1. All photographs provided to the Member will be free of any Photographer placed writing or markings.
  1. SCOPE OF AREAS PHOTOGRAPHED. Photographs of community features such as pool areas or a clubhouse are not included unless specifically agreed to by the Photographer or explicitly purchased by the Member at the time of ordering. The Member should arrange such photography separately with the Photographer.
  1. CANCELLATION/REFUNDS. Photography shoots can be cancelled in full as long as the cancellation request is submitted 48 hours before the photo shoot. Listed Simply is not responsible for cancellation fees incurred by Member. Once a photo shoot has taken place, photography fee is non-refundable.  IF YOU RECEIVE FREE PHOTOS AS PART OF A PROMOTION, you agree to keep your listing on the MLS for a minimum of 60 days.  IF you CANCEL your listing within 60 days, you agree t pay Listed Simply $150 for the photography.

 

  1. Listed Simply has not, and will not at any time, verify any of the insurance policies held by the Photographer, the Member, or any other party possibly involved at any point in this transaction, including any party involved before, during, or after the time at which the shooting of photographs occurs. The Photographer and the Member agree to independently verify the insurance held by each other, and any other party involved, to ensure the held insurance policies are appropriate and acceptable prior to the commencement of any work or use of any third-party goods or services.
  1. DAMAGES AND CLAIMS. The Photographer and the Member agree to indemnify, defend and hold harmless, Listed Simply, its employees, and related companies from all damages (including legal costs) and claims (including, but not limited to, privacy violations, intellectual property violations, trade disparagement, defamation, and slander) that arise from this transaction.
  1. ENTIRE AGREEMENT. This Agreement is fully integrated and intended to represent the entire agreement of the parties with respect to its subject matter.  This Agreement may be executed in counterparts with all of the signature pages taken together constituting the entire agreement. Parties’ signatures on electronic and/or facsimile copies will be given the same tone and effect at law and in equity as signatures on the original. In making proof of this Agreement, a party will not be required to account for all executed copies of this Agreement.
  1. DISPUTES / GOVERNING LAW. Should a dispute arise in relation to this Listing Agreement, resolution should take place on the exclusive jurisdiction of the California state courts in the county where LISTED SIMPLY’S main office is located, San Diego County. California state law governs this Agreement, regardless of any conflicts it may have with any other state law. Parties agree to reimburse the prevailing reasonable attorneys’ fees, court costs, and all other expenses, in additional to any other relief awarded to the prevailing party.
  1. OUTSIDE LEGAL REVIEW. All Parties have been advised to have independent legal counsel review this Agreement.

Here are a few guidelines to help you prepare a home for a real estate photography:


At a minimum, the house should look clean and organized.
Decluttering counter tops of personal items go a long way in making a home look open and inviting.
Smaller things, such as removing visible garbage cans, can also make the house look cleaner.
Bright, artificially-colored packaging, like on cereal boxes and shampoo bottles are also very distracting to the eye.
Perhaps most important, check to ensure every light fixture in the home turns on with a working light bulb.

The amount of time it takes to do real estate photography, whether it is a home or a commercial building, varies. Moreover, the number one most important factor is the property’s size. Generally, prepare for about an hour. Nevertheless, expect long hours, especially for larger buildings, homes, or properties.

 

  • Keep the food and the water bowls in the closet area.

  • Hide the pet beds or toys in the pantry or closet.

  • Use a lint roller on furniture to remove the hair.

  • Contain pets in an out of site place or outside.

  • Make sure the back yard is free of pet waste or toys.

  • Clean counter tops.

  • Clean windows.

  • Turn all overhead lights and lamps on.

  • Replace all burned-out light bulbs.

  • Use bulbs of the same temperature with all incandescent or fluorescent lights.

  • Turn off all ceiling fans.

  • Turn all TVs and computer screens off.

  • Open blinds or window treatments to some let in outside light.

  • Mini blinds should be slightly open tilted to the ceiling, pushing the reflected light up towards the ceiling. You want the glare of the sun to reflect outside.

  • Remove personal photographs. You can replace the photos with general landscape photographs.

  • Make all beds.

  • Remove all small floor rugs to reveal actual flooring in all rooms.

  • Place all shoes or jackets in closets.

  • Turn on all lights and make sure they are all working.

  • Curtains should be open.

  • A mini blind should be slightly opened and turn down for real estate photography.

  • Please remove all soap sponges, drying racks, dirty dishes, and food off the countertops.

  • All garbage cans should be out of sight.

  • All towels should be removed from appliances.

  • Remove everything from the exterior of the refrigerator doors and sides. For example, calendars, magnets, and photos.

  • All pet items and pet foods should be out of sight.

  • Please plan to confine pets to a room.

  • Please attempt to hide all chords for your electronics as best as possible.

  • Clean mirrors and shower doors.

  • If you feel that the room is too dark, you may want to add a lamp to brighten up the place.

  • Please remove all small area rugs. If you have hardwood floors, it is best to show them off.

  • Remove all remote controls place in drawers or under pillows.

  • Please make sure that the items under beds are not seen from a distance.

  • The real estate photographer will be there about an hour doing photos of the front yard, all major rooms, and the backyard.

  • Remove all cars from the view of windows and driveways.

  • Please do not park cars directly in front of the home.

  • We do not want your cars to be in view.

  • The cars will detract from the real estate photography.

  • We want all eyes on your home that is for sale.

  • No flags or door decorations, please. Doormats and flags should be removed and stored in the garage.

  • Remove bicycles, boats, garbage cans, water hoses, alarm signs, and dead plants.

  • Sweep off patio decks and walkways.

  • Remove fallen limbs from the yard.

  • If you have patio cushions, please arrange them neatly on the patio furniture.

  • If they are faded and worn, it is best to go without the cushions.

  • Remove all grill covers.

  • Grills should be cleaned and ready for photos.

  • Move or re-arrange furniture

  • Make beds, clean, dust or declutter

  • Pick up toys or yard items

  • "Photoshop" vehicles, walls, damaged walls, power lines, wall pictures, cords, etc.

  • Touch personal bathroom supplies such as shampoo, toothbrushes, deodorant, towels, etc.