NON-EXCLUSIVE LICENSE AGREEMENT

PLEASE READ CAREFULLY

This agreement, which is standard in the real estate photography industry, gives you permission to use Vertigo Photography's copyrighted images, videos, and all other content for your specific purpose of marketing yourself, company, property, or listing.

The following details the terms of this license that is applicable to all clients and customers.

In Simple Terms

Vertigo Photography is the sole owner and copyright holder of any and all photos, video, or digital content that is created or has been commissioned to create. Vertigo Photography is giving you permission in the form of this license to use this content for your specific purposes.

It should be understood by clients & customers that they have purchased the license to use the content, not the content itself. This license is non-exclusive, meaning Vertigo Photography reserves the right to re-license, re-sell, and/or transfer any created content to a third party. For information on some basic licensing policies, click here

For licensing information on Vacation Rental/Airbnb properties, click here

What You Can Do:

Use content by means of uploading to MLS and any other third-party websites or social media such as realtor.com, zillow.com, redfin.com, Facebook, Instagram, Tik Tok, etc.
Use content in brochures, ads, flyers, billboards, newspapers, magazines, etc.
Use content in any reasonable way to market yourself, brand, or listing

What You Can't Do:

Resell, license, or give permission to use content to any third-party; this includes but isn't limited to: other real estate agents or companies inside or outside of your brokerage, companies such as builders, architects, interior designers, interior stagers, property management companies, etc.
Resell, license, or give permission to property owner to use content for any commercial use (Airbnb, VRBO, vacation rental, annual rental, etc.) or if they chose in the future to re-sell the home themselves (FSBO)
Use content for purposes outside the scope of what services were originally commissioned for; i.e. using listing photos as stock photos on websites, using listing photos to sell services or products, etc.

In other words, any other party besides the licensee who wants to use content for their own purposes must be directed to Vertigo Photography to purchase and receive their own license. Furthermore, if licensee wishes to use content outside of original scope they must receive an additional license. As the sole copyright holder, only Vertigo Photography can license (or give permission to use) its content. Use of content by any party or individual without a license is legally considered Copyright Infringement by U.S. Copyright Law.

In Legal Terms

This Non-Exclusive License Agreement (“License”) is made and entered into between TRISTAN TULLY/VERTIGO PHOTOGRAPHY (“Photographer”) and the signer of License (“Licensee”). Licensee has engaged Photographer to capture, photograph, record, edit, and digitally manipulate still photography and/or video (collectively, “Images”). The parties hereby agree, for good and valuable consideration received, the receipt and sufficiency of which is hereby acknowledged, as follows:

1. License Grant.

a. Photographer hereby grants to Licensee a non-exclusive, non-transferrable, worldwide royalty-free license to reproduce, distribute, display, and publicly perform the Images in connection with the marketing within the real estate industry.

b. License and/or Images may not be transferred or sold by Licensee to any third-party and any unlicensed or breach of license usage of Images will be considered Copyright Infringement. To that extent, any requests from third-party’s to use Images must be forwarded to Photographer.

c. This non-exclusive license grant shall include the right to sue for copyright infringement, including without limitation past infringement. To that end, Photographer agrees to assist Licensee in preparing and filing any copyright applications that cover the Images, including providing any information necessary to prepare such applications.

2. Licensee acknowledges that Photographer retains copyright title and ownership of the Images.

a. Photographer reserves the right to license, sell, and/or transfer Images to any third-party.

b. In the event that Licensee's Brokerage shall retain Licensee's listings, the license to the photographic works shall remain vested in the holder of the active listing until the expiration thereof. Upon listing's expiration and subsequent renewal, a new license and licensing fee shall be incurred by Brokerage or the listing's current Realtor/Agent.

3. Photographer hereby represents and warrants that it owns all right, title and interest in and to the Images, no third party has any rights in, to, or arising out of the Images, and Photographer has full right and power to enter into this Agreement and grant the license set forth in Section 1.

4. The validity, construction and enforceability of this Agreement shall be governed in all respects by the laws of the State of Florida. The terms and conditions set forth herein constitute the entire agreement between the parties and shall supersede all prior agreements. This Agreement may not be amended except in writing signed by the respective parties. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.

Standard Policies:

While Vertigo Photography owns the copyrights and reserves the right to license, sell, or transfer any and all content created, we do have a few basic policies we follow in the effort to be fair and courteous to all of our clients.

1. If a Realtor does not sell their listing and another Realtor gets the listing and wants to license the photos that were commissioned, Vertigo will brief you beforehand and make sure everyone is on the same page.

2. In the event, for any reason, a Realtor's Broker retains the Realtor's active listings, the license for the photos defaults to the holder of the active listing (typically the Broker) until it expires. If/when the listing expires and is renewed, then a new license agreement and licensing fee will be incurred by the current listing's Realtor/Broker.

3. If a Realtor re-lists a property that photos were previously commissioned for, they can re-use the photos.

What you are paying for:

When you hire a Vertigo Photography, or any other photographer for that matter, what you are paying for is:

1. The time and labor of: traveling to location, the photoshoot, and all of the post-production/editing

2. The vast array of skills, knowledge, and talent of the photographer

3. The non-exclusive license to use the created and delivered content

What you are not paying for: