All customers, clients, and end users are subject to the terms and conditions of Xclusive Media Group’s legal and copyright agreement.
(Terms & Conditions Updated & Published On 07/28/2022 at 10:13am)
Image license agreement between Xclusive Media Group and the contracting client including clients of the contracting client.
Section 1 – Image Use
1.1 This license is individual, non-transferable, and non-exclusive. It gives you the right to use the photographs on any type of medium, for any sort of utilization, such as for example the illustration of press articles, advertising, social media, online use, as well as the right to carry out any form of reproduction, printed or digital, needed in what you intend to do with the photographs.
This license is granted to you with a time limit based on the life of the property listing and up to 1 year after the end of the listing term with the current contracting client or unless you should fail to respect one of its clauses. This license allows you to crop the photographs, take elements out of them, use them partially, touch them up, or add elements to them.
1.2 The following uses are not authorized in compliance with the license granted to you here. Before any use in one of the following cases, it is mandatory to contact Xclusive Media Group in order to pay an additional license: For any use of the photographs in a third party product or if they are to be commercialized, of which they represent the main value, such as reports, postcards, and posters. For any billing activity through a commercial network, reproducing the whole or part of a photograph.
1.3 It is forbidden to resell, give a sub-license, give, lend, sub-let, or distribute the whole or part of an image, whatever its size and resolution unless you are acting on behalf of a client as an advertising agency or similar. It is forbidden to use the photographs in a context that might be political, slanderous, immoral, offensive, or degrading.
1.4 Xclusive Media Group certifies that it is entitled to all the commercial rights pertaining to the photographs.
1.5 All rights pertaining to the photographs are owned by Xclusive Media Group. The granting of this license does not imply a transfer of ownership. The laws on royalty and copyright protect the photographs. You are therefore under the obligation to use the photographs like any other protected product. Any representation or reproduction, complete or partial, carried out without the consent of Xclusive Media Group may be considered a breach of contract.
1.6 All images provided by Xclusive Media Group to a listing agent are 100% owned by Xclusive Media Group unless otherwise stated. All images provided by Xclusive Media Group may have been captured using Xclusive Media Group staff, contractors, or third parties. In the event that Xclusive Media Group uses a third parties’ supplier, they will ensure that we have the contractual right to license the images.
1.7 Images cannot be sold to another agent who takes over an expired or withdrawn listing, as the purchasing agent does not own the photographs, but rather the right to use them during the specific term the property is for sale. The purchasing agent may reuse photos if the property is temporarily removed from the market.
1.8 Xclusive Media Group may resell image rights to third parties, other real estate agents, or advertising agencies. The resale of image rights may only be completed once the current advertising campaign has ceased.
Section 2 – Disclosure to vendors, tenants, investor,s or any associated person(s)
2.1 In accordance with the terms of this agreement you must disclose to the client, vendor, tenant, investor, or any associated person(s) involved with the property that is being photographed that the images captured are bound by the image use agreement (section 1.1) and that all images captured or produced remain the property of Xclusive Media Group and may only be used during the life of the listing, and up to 1 year after the end of the listing term. This disclosure is normally indicated on the vendor’s advertising schedule and may or may not include this entire document. Upon request from a vendor or associated person, this document may be presented.
2.2 The vendor, tenant, investor, or any associated person(s) may obtain copies of the images for personal use only and must not reproduce, resell or redistribute those images for commercial purposes or for marketing use with another listing agent, selling agent, or marketing company. All copies provided will include a watermark or security tag.
2.3 All photography bookings are a direct contract between Xclusive Media Group and the company/ individual booking the job such as the advertising agency or listing agent. The vendor, tenant, investor, or any associated person(s) have no involvement in the contract between Xclusive Media Group and the listing agent and have no rights over any images unless specifically requested.
Section 3 – Termination
3.1 The license contained in this Agreement may terminate automatically without notice from Xclusive Media Group if you fail to comply with any provision of this agreement or fail to pay any accounts or monies owed. Upon termination, you must immediately:
(i) Stop using the Digital Photos; and
(ii) Delete any Digital Photos and all copies of all of them from all digital media and destroy all other copies or, upon request of Xclusive Media Group.
Section 4 – Resale
4.1 Images may not be resold to vendors or interested parties, resale of images can only be done where the original contracting client has given permission for the images to be re-distributed.
4.2 All image resale will incur an admin and re-license fee – ( See fees)
Section 5- Governing Laws
5.1 This Agreement will be governed in all respects by the laws of the United States of America. The Courts of Georgia shall have the non-exclusive jurisdiction to hear any disputes under this Agreement. Notwithstanding the foregoing, Xclusive Media Group shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Xclusive Media Group, such action is necessary or desirable.
Section 6 – Fees
All images and services are initially licensed at a subsided single usage rate as set out in Xclusive Media Group’s current pricing. Some images can be resold at Xclusive Media Group’s discretion.
Image re-license fee per image – Price range $250 – $550, depending on the image and subject to approval, full image sets can only be re-licensed as a full set with approval, and the price is decided by Xclusive Media Group.
Image infringement, copyright, and ownership transfer price range based on image, circulation, and usage $500 – $2,000 per image
Section 7 – Unauthorized Image Usage
Xclusive Media Group holds the master copyright to all images, floor plans, renders, and graphics produced by Xclusive Media Group, Xclusive Media Group Staff, and Xclusive Media Group Contractors. All images are provided to clients under license only.
Anyone individual, company, corporation, or entity using Xclusive Media Group images without proper written authorization may be liable for costs associated with copyright, damages, loss of business, and defamation of brand. In addition, images found being used in an unauthorized capacity will be subject to full copyright fees as set out in Section 7 of Xclusive Media Group terms and conditions.
Any unauthorized usage may be pursued via legal representation of whom Xclusive Media Group appoints as their legal representative and in accordance with the United States of America Copyright Act of 2006 and including any other related state and federal laws.
Section 8 – Booking and Cancellation Fees
8.1 – Cancellation of bookings must be made 24 hours prior to the actual job date/time. Cancellations must be made by phone or in writing via email, text, or by submitting a request online using the online client portal.
Cancellations will in incur the following fees :
Real Estate Shoots
50% of job value if canceled 12 hours prior
75% of job value if we arrive on site and the home can not be photographed
Commercial Shoots
50% of job value if canceled 24 hours prior
50% of job value if canceled 7 days prior for overnight and travel-based bookings
100% of job value of job if full day job and project can not proceed on appointment day.
Section 9 – Payment
Payment is due at the time of booking to secure your appointment date on our calendar. Paying online at the time of booking ensures prompt delivery of your finished photos. All orders must be paid in full before your photos can be released.