REAL ESTATE MEDIA AGREEMENT & SMS Policy's

This Agreement governs your use of real estate media services, design services, and related photographs/videos and other media as specified in the related Invoice (collectively, the "media"), for the "Property" noted in that Invoice. Your hiring of Hoffman Photography LLC, payment of the Invoice, use of the media, or checking the "agreement" box on the order form signifies your acceptance of this Agreement. Hoffman Photography LLC ("we" or "us") provides you with the following rights to use the media. These rights are granted only to you and you agree not to transfer, assign or sublicense any rights without our written permission.

Review Period & Reshoots. Please review all Images upon receipt. If there are issues with the media due to technical errors or equipment malfunctions, please notify us within 3 days of receipt and we will replace the media at no additional charge. If there is an artistic difference or you request a reshoot for any other reason, we charge a reshoot fee of half the fee of the original photography session.

Term. Any rights we grant you are limited to a term of either one year from the date of the Invoice, or the termination of your representation of the Property, whichever occurs first ("Term"). Using the media beyond the Term requires Hoffman Photography LLC's written permission and may require additional fees.

Rights. Images, including but not limited to all media, and all rights relating to them (such as copyright) remain the sole and exclusive property of Hoffman Photography LLC. We grant you the limited right to reproduce, display, and distribute the media only for promotional purposes directly related to the sale of the Property. You may upload the Images to the MLS to promote the Property during the Term. Any other use, including use by any third parties requires Hoffman Photography LLC's written permission. If a third party asks you if they can use the media, you must refer them to us. We reserve all rights not granted to you by this Agreement.

Independent Contractor. You agree we are an independent contractor and not your employee. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Our Images are not to be deemed work for hire. All rights are contractual and expressly defined by this Agreement.

Indemnification. You agree to indemnify and defend us against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of our services to you or the creation or any use of the Images.

General Terms. By entering into this Agreement, you consent to receiving occasional marketing emails from Hoffman Photography LLC. To help prevent photo theft, you agree to include the following language in the Agent Only Remarks section of the listing: "Photos Copyright of Hoffman Photography LLC." This Agreement, including the Invoice, is the entire understanding and agreement between you and us, and supersedes any and all prior agreements. This Agreement is governed by and interpreted in accordance with Nebraska law. If one or more provisions in this Agreement are found to be invalid, illegal or unenforceable in any respect, such provisions will be revised only to the extent necessary to make them enforceable and the validity, legality and enforceability of the remaining provisions will not be affected.

 

Rescheduling/Cancelation: 

Hoffman Photography does not charge cancelation or rescheduling fees, even if we arrive at the scheduled appointment and it is not ready. We know that things happen, and our goal is to be as close to a part of your team as possible. 

SMS Privacy Policy

Hoffman Photography, LLC may disclose Personal Data and other information as follows:

• Third Parties that Help Provide the Messaging Service: We will not share your opt-in to an SMS short code campaign with a third party for purposes unrelated to supporting you in connection with that campaign. We may share your Personal Data with third parties that help us provide the messaging service, including, but not limited to, platform providers, phone companies, and other vendors who assist us in the delivery of text messages.
• Additional Disclosures: Affiliates: We may disclose the Personal Data to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your Personal Data will be subject to this Policy. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.