Wyatt Smith Media – Photography Services Agreement

This agreement is between Wyatt Smith Media (“Photographer”) and the individual or entity (“Client”) booking services. By proceeding with a booking, the Client agrees to the following terms and conditions.

1. Services Provided

Wyatt Smith Media agrees to provide photography and or video production services as outlined in the booking confirmation (“the Project”). This includes delivery of professionally edited media files described in the order details.

1.1 Assistants and Production Team

Depending on the scope of work, Wyatt Smith Media may bring assistants or production crew members on site as needed.

1.2 File Delivery

Final images and media will be delivered in JPEG format unless otherwise requested. Delivery will be via Dropbox, WeTransfer, or a similar platform. Files are available for download for one year. After that, a $100 archival retrieval fee applies.

2. Client Responsibilities

2.1 Site Access

Client must ensure timely access to the property for all production crew members and allow sufficient time for the session to be completed without interference.

2.2 Property Prep

The property must be fully cleaned, staged, and ready to be photographed by the scheduled appointment time. Photographer is not responsible for moving furniture, cleaning, or staging items. Delays caused by an unprepared site may result in rescheduling and additional fees.

2.3 On-Site Representation

If no client representative is present during the shoot, the Photographer’s creative interpretation of the assignment will be considered approved.

2.4 Permissions and Waivers

The Client is responsible for securing any required permissions, waivers, or releases for properties, people, pets, or items included in the shoot. By booking, the Client grants permission to photograph and deliver final content at the agreed location(s).

3. Scope of Work

Photographer agrees to deliver professionally captured and edited content consistent with Wyatt Smith Media’s portfolio and brand. Services include photography, videography, and post-production listed in your booking details.

4. Independent Contractor Status

This agreement does not create an employer-employee relationship, joint venture, or partnership. Wyatt Smith Media operates as an independent contractor and retains full control over the creative process, production crew, and scheduling.

5. Authority and Representation

Neither the Client nor Wyatt Smith Media may act on behalf of the other without written consent. Each party is responsible for its own business decisions, expenses, and liabilities.

6. On-Site Expectations

6.1 Access and Timing

If the property is inaccessible more than fifteen minutes after the scheduled start time, the shoot may be canceled and charged in full. If asked to wait, a $250 per-hour fee applies, subject to availability.

6.2 Pets and People

Homeowners and pets should not be present unless previously discussed. This helps maintain focus, safety, and an efficient workflow.

6.3 Safety

If the property is deemed unsafe, the shoot may be canceled or rescheduled at the Photographer’s discretion. Additional fees may apply.

6.4 Property Prep

Photographer will document the property as-is. No cleaning, staging, or rearranging will be performed.

6.5 Excluded Areas

Standard coverage excludes closets, utility rooms, garages, and other secondary areas unless requested in advance.

7. Payment Terms

7.1 Due Date

Full payment is due within thirty days of the final invoice. Late payments incur a ten-percent monthly late fee after thirty days.

7.2 Accepted Methods

Credit card, bank transfer, check, or cash. Cards may be stored securely for future bookings or cancellation fees.

7.3 Deposits

Some projects may require a deposit to secure your appointment. Deposits are non-refundable unless the session is canceled with proper notice.

8. Travel Fees

For shoots beyond our standard service radius, a $100 per-hour per-crew-member travel fee applies. You will be notified in advance.

9. Scheduling

Sessions are scheduled Monday through Friday during business hours. Weekend sessions are available by request and may incur an additional fee of up to $300 per crew member.

10. Cancellation and Rescheduling

10.1 Cancellation Within 48 Hours

If canceled within forty-eight hours of the shoot, 50% of the session fee is charged.

10.2 Cancellation Within 24 Hours

If canceled within twenty-four hours, 100% of the session fee is charged.

10.3 Rescheduling Within 48 Hours

Rescheduling within forty-eight hours may incur a $500 fee, subject to availability.

10.4 Rescheduling Within 24 Hours

Rescheduling within twenty-four hours is treated as a cancellation and billed per above. A new booking requires a new session fee.

10.5 No-Show or Inaccessible Property

If the crew arrives and cannot access the property, the full session fee applies.

10.6 Photographer Cancellations

If Wyatt Smith Media cancels due to illness, emergency, or force majeure, all fees are refunded or the session is rescheduled at no cost.

11. Missed Access Policy

If access is delayed more than fifteen minutes, the shoot may be canceled and billed in full, or a $250 per-hour wait fee applies.

12. Force Majeure

Neither party is liable for delays beyond their control, including severe weather or emergencies. Sessions will be rescheduled at no cost.

13. Reshoots and Additional Content Requests

• Reshoots required due to a Wyatt Smith Media technical error are provided at no cost.

• Any photos or videos requested after the original shoot, or outside the agreed scope, are add-ons. These sessions are scheduled separately and billed at $250 per hour per crew member, including travel time.

14. Turnaround Times

Photos: two business days

Video walkthroughs: three to five business days

Short-form or marketing edits: three to five business days

Revisions: one to two business days after receiving notes

Rush delivery may be available for an additional fee.

15. Hosting and File Storage

Media is stored for one year. Retrieval beyond that period is subject to a $100 archival fee.

16. Post-Production and Editing

Wyatt Smith Media retains full creative control over the edit, color, pacing, and artistic style. Requests for alternate editing approaches may result in additional fees.

17. Music Licensing (Video Projects)

Music is licensed for use only within the final delivered video. It may not be reused or repurposed for other content.

18. Revisions Policy

Photos: Advanced edits (e.g. object removal) start at $30/image.

Videos: One round of revisions included. Additional revisions billed at $100/hour.

All revisions must be requested within 2 business days of delivery.

19. Completion and Delivery

Projects are considered complete once final deliverables and any agreed revisions have been delivered. Continued use of services implies acceptance.

20. Term and Termination

This agreement remains in effect until services are delivered and paid in full. Cancellation follows Section 10.

21. Attribution and Credit

Credit is not required but appreciated. Tag @wyattarmoursmith or mention the website when sharing publicly.

22. Raw Files and Ownership

All raw images, video files, and unedited materials remain the sole property of Wyatt Smith Media and are not included in final deliverables.

23. Copyright and Ownership

All media created by Wyatt Smith Media is protected under U.S. copyright law. Full ownership remains with the Photographer at all times. No transfer of copyright is granted.

24. Limited License (Non-Transferable)

Upon full payment, the Client is granted a limited, non-exclusive, non-transferable license to use the delivered media solely for marketing the specific property featured in the project, during the active listing period.

This license applies only to the Client and cannot be extended to any third parties — including brokerages, companies, or affiliations in which the Client is employed, contracted, or has a financial interest — without a separate written agreement.

Any additional use, including by homeowners, other agents, or outside parties, requires a new license from the Photographer.

24.1 Permitted Use

• MLS listings, brokerage websites, and third-party real estate portals displaying the property for sale or lease

• Social media posts made by the Client or their brokerage to promote the listing

• Print materials such as flyers, postcards, brochures, or signage directly related to the listing

24.2 Duration

The license is valid only while the property is actively marketed by the Client. It automatically expires on the earliest of:

• The date the property is sold or leased

• The date the Client’s listing agreement terminates or is transferred to another agent or brokerage

• Twelve months from the original shoot date

24.3 Prohibited Use

The Client may not:

• Transfer, sell, sublicense, or gift the media to any third party, including sellers, buyers, other agents, stagers, contractors, or publications

• Alter or edit the media beyond basic cropping or resizing without written permission

• Use the media in paid advertising unrelated to the listing without a separate commercial license

• Remove embedded metadata or any applied watermark

24.4 Renewal or Re-Licensing

If the Client or any third party wishes to reuse the media after the license expires, or for any different purpose, a new written license must be obtained from Wyatt Smith Media and is subject to additional fees.

25. License Restrictions

Client may not alter, rebrand, resell, or share content outside of the original listing purpose.

No transfer of usage rights to third parties, including sellers, buyers, or brokerages, is allowed.

Unauthorized use will be treated as copyright infringement.

26. Infringement Policy

Wyatt Smith Media may pursue damages, licensing fees, or legal action for unauthorized use.

27. Entire Agreement

This agreement reflects the full understanding between Wyatt Smith Media and the Client. Changes must be made in writing and signed by both parties.

28. Severability

If any part of this agreement is found unenforceable, the remaining sections will remain in full effect.

29. No Waiver

Failure to enforce any part of this agreement does not waive the right to enforce it in the future.

30. Signatures

By booking services with Wyatt Smith Media, the Client agrees to the terms of this agreement. Digital confirmation or written approval via email is considered legally binding.