Terms of Service

By hiring me as your photographer, I promise to commit to giving you the best images to my ability in hopes of increasing the demand for your property listing and becoming an important part of your team. If you agree to my terms of service, I do ask that you work with me in good faith by having the property ready for the photoshoot and you will complete the transaction within a week from when the photos were delivered.

I gladly adhere to the most up to date version of the California Association of Realtors Property Image Agreement - Exclusive License (CAR form PIA). In the terms stated therein:

John Ramirez Real Estate Photography “hereby grants you the client an exclusive worldwide royalty free license in perpetuity to reproduce, distribute, display, prepare derivative works of, and publicly perform the Images in connection with the real estate industry, including without limitation such uses of the Images in connection with advertising real property, real estate services and to authorize and sublicense such rights to third parties at your discretion.”

If you would like a copy of the full agreement in writing, please send me the CAR form PIA form via docusign prior to the photoshoot and I will digitally sign it.

For clients that are not real estate professionals, the same rights apply. To be clear, I will not sell your images to another client without your permission, but in fact, you can resell the images if you so choose without my permission. It is understood, though, that I will retain a limited copyright to use the images for my own portfolio in order to promote and market my photography business.

GENERAL SERVICE DETAILS

When you order a standard photoshoot, the number of photos you can expect are based on the square footage. I do not shoot with a specific number of photos in mind, instead I shoot based on what is needed to capture the most pertinent selling features of a property. Please see my price list for the typical range of images that will be delivered to you based on the square footage.

Detail shots are included with Airbnb listings, but not included with standard MLS property shoots, but are available at $10 per photo upon request. Garages are not photographed, unless requested. Standard photoshoots are not meant to showcase the full layout of the home, which is why you may want to consider ordering a virtual tour option with floor plan.

Aerial photography can only be taken in areas and under weather conditions where it is legal and safe to do so. The number of photos delivered is typically between 6-10 images. The price may vary because general liability insurance costs will vary by location and time of the shoot. Any changes to quoted price will be made the same day as the order is placed.

STOCK IMAGES:

Amenities and community photos which do not include the specific subject property are considered “community photos”. If you want to add community photos, please let me know before the appointment. If I already have community photos from a previous shoot, I can include those, however, if I don’t have them, we’ll need to make sure there is enough time for them to be shot.

This is a complimentary service and community photos are considered “bonus” imagery. To be clear, community photos ARE BONUS AND NOT INCLUDED as part of the standard packages, hence they do come with the same exclusive copyright license. However, community photos can be purchased separately if you want exclusive rights of use to those images.

Please be advised, I cannot guarantee community photos because there will inevitably be times when people will be using community areas and facilities (pools, parks, golf courses, gyms, club houses) and may prevent me from taking photos due to privacy concerns. It is helpful to have the agent or homeowner come along in these instances, but it is not required.

SERVICE AREAS AND TRAVEL FEES

I'm a San Diego based photographer. I will travel up to 40 miles from downtown San Diego. I have photographed homes as far North as Oceanside and Fallbrook and as far south as Imperial Beach, and as far east as Alpine Valley. For an extra fee, I will travel to areas over 40 miles such as Pine Valley, Ramona and Temecula and the amount will be quoted to you ahead of time.

CANCELLATION AND REFUND POLICY:

I'm a believer in the golden rule, so if you have to cancel, please let me know as soon as you can. I will not charge a cancellation fee.

In terms of refunds, I strive for customer satisfaction and if there is something that I could have done better, please do not hesitate to let me know and I will try and make it right. Your feedback also can help me try and tailor my “shot list” to meet your future expectations.

Since you do not pay me until after the photoshoot, you get to literally preview the photos first before purchasing. If reshooting, reediting or giving you a price reduction is the only way to make it right, then that is what we will do.

SCHEDULING AND TIME CONSTRAINTS:

If you want your photos to look like they were shot on a sunny day, please schedule them well in advance so that we can pick a day forecasted to be sunny. I can make bad weather days look good, but even with all the editing advancements there is just no substitute for the real thing.

For your photoshoot, please set aside the same amount of time that you would typically hold an open house (~3-4 hours). Yes, it can take that long, especially for large properties with many features. I use a lot of lighting gear and each photograph can take 2-4 minutes, not including other add-on services. If you only have time for a limited shoot, please let me know in advance and can let you know what options are available.

Images are delivered by email on the next business day by about 8pm with the exception of twilight photoshoots which can take up to 48 hours. Saturday photoshoots may not be delivered until Monday.

LAST, BUT NOT LEAST an indemnification clause

You the customer shall indemnify, defend and hold harmless photographer from any claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees and costs, resulting from any image alteration that was requested by you the customer (or any alteration that you have made directly to the images after the delivery) which may be deemed unethical or misleading by a third party claim.