Jeff Hegarty Photography Policies
Welcome and thank you for visiting Jeff Hegarty Photography. Please take a moment to read and review the policies set forth by Jeff Hegarty Photography. By hiring Jeff Hegarty Photography, you are agreeing to these terms and conditions.
We are committed to providing our clients with the best possible service and deliver the best possible end product. I do ask that you notify me of specific desired uses for the photos and videos and provide me and my associates with the appropriate credit ( Photos by Jeff Hegarty Photography, Video shot by Ginny Spooner with Jeff Hegarty Photography ) when our images and videos are used.
Rights: Under current copyright laws, ownership of all photos and videos belong entirely to Jeff Hegarty ("PHOTOGRAPHER"), owner of Jeff Hegarty Photography. The photographer retains all rights to photos taken of properties unless we have agreed upon and stated in writing. The images and video are only licensed to the the listing agent ("CLIENT") of the property for marketing purposes while the listing is active ( up to one year.) Once the property has sold, expires or is withdrawn the license/permission expires. Images cannot be altered after they are in the clients possession.
This is a Single Use License Agreement. Jeff Hegarty Photography keeps the copyright protection of all digital images and videos.
All images produced for the client may be used by the client for any and all marketing materials and campaigns associated with the property and for the client's self promotion until the license expires. The photos and videos may be used by the client's parent company for the sole purpose of marketing the specific property photographed.
Images cannot be sold or given away to the property owner or one client to another who takes over the listing. Failure to pay for the images will result in a copyright infringement/violation pursuant to the provisions of the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512 (c). If you fail to remove the electronic and printed forms of advertisement, legal action with result.
Any usage of the images and videos by a third party, including but not limited to builders, designers, architects, stagers, buyers or sellers, is strictly prohibited unless approved in writing by the photographer.
All music and narration in the videos are expressly for use in the context of said videos and shall not be used or altered in any way outside of the full finalized video unless approved in writing by Jeff Hegarty.
Relationship of the Parties:The Photographer and Videographer are independent contractors, and shall not be deemed employees of the client. Not agency, partnership, joint venture, or employee-employer relationship is intended or created by this agreement. Neither party is authorized to act as agent of bind the other party except as expressly stated in this agreement. The photographer /videographer and the photos/videos or any other deliverables prepared by this agreement. The photographer shall not be deemed a work for hire as defined under the Copyright Law. All rights granted to the Client are contractual in nature and are expressly defined by this agreement.
Fees: All agreed upon fees and expenses are due at the time the photos and/or videos are delivered. Jeff Hegarty Photography reserves the right to cancel, postpone, or refuse to schedule subsequent photo/ video shoots until the account is made current.
Cancellations/Rescheduling: Please notify me within 48 hours if you will need to cancel the shoot. Jeff Hegarty Photography will charge will charge a 50% fee for cancellations not made within 48 hours. Please note, that the entire shoot is cancelled ( including being denied access to the property.)
Once the home has been photographed, the service cannot be cancelled. The client will be charged the full price of the shoot.
Editing: The photographer will not retouch images or video in order to disguise any known defects and/or physical structures such as but not limited to cracks in walls or driveways, power lines, water towers, etc. If virtual staging is used in the photograph that must be stated in the marketing material.