Michael Farry Studio – Terms of Service

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://www.michaelfarrystudio.com/ website (the “Service”) operated by Michael Farry Studio (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.

Intellectual Property & Licensing

Please ensure you have read, understood and agree to Michael Farry Studio terms. Terms and conditions may be revised.

Please direct questions or concerns regarding image licensing and usage to Michael Farry Studio before proceeding with image usage.

Specific license terms and conditions follow. Payment of the invoice and/or any use of images in any manner constitutes acceptance of all the terms and conditions of this license in whole:

Image usage is granted to the Licensee only within the terms and conditions below which shall constitute a master license document for all engagements unless superseded by notice of subsequently dated terms and conditions or individually drawn up engagement contracts. Without such superseding documentation, variances from these conditions must be obtained by way of Michael Farry Studio expressed written consent.

  • The license is NON-TRANSFERABLE and provided for the use of the invoiced client and any co-listing agents (the “Licensee”). Photos may not be re-sold to, distributed to, or used by or for the promotion of developers, subsequent listing agents, owners, contractors, architects, designers, stagers or anyone else in any way, for any reason, regardless of commercial or non-commercial intent without separate licensing by Michael Farry Studio. All such image requests should be referred to Michael Farry Studio.
  • Image ownership and copyright is exclusively retained by Michael Farry Studio, per U.S. Copyright law.
  • The Licensee declares they have the legal authority or have received consent to have the property photographed by the property owners, and grant Michael Farry Studio the right to assert its copyright by using or selling all images taken at the photo shoot for its own commercial and promotional purposes.
  • Licensee may reproduce and use licensed photos only for marketing purposes related to the sale of the photographed property for the full duration of their listing agreement. This includes single- property and agency websites, syndicated real estate listing websites, social media, print advertising, and marketing collateral. The licensee is also granted perpetual use of the image for agent’s own promotion related to prior real estate sales portfolio and the provide visual content to their real estate agent business sales related website but for no other commercial purpose.
  • Images requested and used by publications for editorials that pre-date and very specifically promote the sale of the property shall be provided with image credit attribution to Michael Farry Studio. The Licensee shall not distribution images to publications for general editorial use or following the sale of the property or the expiration of the Licensee’s listing agreement. Such requests shall be referred to Michael Farry Studio.
  • All image alterations and touch-ups (using Photoshop or other software tools) are made with the advance consent of the invoiced agent(s) who assumes liability for use of such images.
  • This agreement does not exclude any additional legal rights afforded by law to copyright holders, nor curtail the statutory rights of the licensee(s).
  • Fees: All agreed upon fees and expenses are due at the time the photos, and/or tours are delivered, unless dues are set by scheduled date. Michael Farry Studio reserves the right to cancel, postpone, or refuse to schedule subsequent photo shoots, tours, and/or other services if an account has overdue or unpaid expenses.
  • Cancellations/Rescheduling: Please notify Michael Farry Studio within 48 hours if you will need to cancel the shoot. Michael Farry Studio will charge a 25% fee for cancellations not made within 48 hours. Please note, that the entire shoot amount will be calculated if the photographer arrives at the property to find the shoot is canceled (this includes denied access to the property and the home not being ready for photos or video). Notify Michael Farry Studio no less than 24 hours of the original agreed shoot time for rescheduling. Michael Farry Studio will charge a $40 fee for rescheduling a shoot less than 24 hours.
  • All information in this document is subject to change without notice.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer Governing Law

These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30-day notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Last Update – Sept 2024