TERMS OF USE
Last Updated: 06/20/2025
Terms of use: Unless agreed to and executed by both parties by separate contract these Terms of Use apply to all images/Works provided by, We’re Focused, LLC and/or Chad Shillady, or It’s Subsidiary Real Estate Photography Palm Springs (Herein Referred to as “The Photographer”:
By clicking the on the links/attachments to download and/or view the photos provided by “The Photographer”, or by using said photos in the furtherance of your business, be it as a Realtor, owner of a rental property, Homeowner, or business managing rental properties. You are agreeing that “The Photographer” is the owner of all works provided, and that “The Photographer” is providing you, the Client, with the Limited Right to Use said works for a sole purpose of, EITHER listing a property for sale, OR the purpose of marketing a property for rent. Unless agreed to in a separate writing and executed by both parties, these are not interchangeable, and considered separate purposes. As such, additional fees, must be paid to “The Photographer” for the photos to be re-purposed for this new/additional use.
Rights: All Photos and rights relating to them, including copyright and ownership rights in the media remain the sole and exclusive property of the photographer. This license provides the client with a limited right to reproduce, publicly display, and distribute the photos only for promotional and advertising purposes directly related to the sale OR rental of the property. Photos used for any purpose not directly related to the sale OR rental of property must be with the express permission of photographer and the payment of additional fees otherwise unless agreed to in writing.
Homeowner Client(s): When “The Photographer” is shooting for you directly, he is doing so, so YOU can market the property for sale or rent directly/Individually. Under no circumstances are you to give permission or provide copies of our photos to anyone you hire in the future to help you Sell or Rent your property for you. Failure to adhere to these conditions will result in a copyright infringement lawsuit against you and the party using our photos illegally.
Altering of our photos in any way is prohibited. This includes but is not limited to cropping out our copyright info, Virtual Staging, decluttering, altering photos with “fake Twilight”, or adjusting composition.
STOCK COMMUNITY PHOTO USE: Stock community photos may not be used in future Listing or Rental properties by ANYONE unless “the Photographer” is used to shoot that specific property and/or the appropriate fess are paid for such use.
Photos may be uploaded to any MLS Listing service solely for promotion for the property during the pendency of this agreement. However, regardless of any terms and conditions of the MLS, at no time does this agreement provide clients with the right to transfer copyright or any other exclusive rights as provided by the Copyright Act 17 U.S.C. 106. Photos may contain Copyright Management Information (CMI) at the discretion of the photographer in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the parties. Removing and altering such information is prohibited and constitute a violation of the Digital Millennium Copyright Act (DMCA) and client will be responsible to the photographer for any penalties and awards available under the statute.
Relationship of Parties: The Parties agree that Photographer is an independent contractor, and that neither Photographer, nor Photographer’s employees or contract personnel are, or shall be deemed to be, employees of client. No agency, partnership, joint venture, or employee employer relationship is intended or created by this agreement neither party is authorized to act as agent or bind the other party except as expressly stated. Photographer and the photos or any other deliverables prepared by photographer shall not be deemed a work for hire as defined under copyright law. All rights granted to client are contractual in nature and are expressly defined by this agreement.
Transfer and Assignment: We’re Focused, LLC is granting you an Limited Right to Use license that commences on the day you receive the photos and ends the day your transaction closes escrow, expires, or the listing is cancelled/withdrawn. Exceptions are granted if the agent puts the listing on Hold, or cancels the transaction, when the SAME AGENT is going to re-list the property in 60 days or less. You, the client, DO NOT have the authority to grant permission, transfer and/or assign to any Person’s or Business Entity the use of our photos outside of your normal course of business (ex. MLS sites, personal social media sites, listing brochures).
Property Management Companies and Rental Companies representing Homeowners: Regardless of whom is paying our invoice, the homeowner is not our client in this situation. We are not assigning any rights to your client (the Homeowner). Once your contract has been fulfilled or terminated with the homeowner, all photos provided by “The Photographer” must be removed from your website(s) within 10 days. You are responsible for making the homeowner aware if he switches management companies or terminates your contract, our license use agreement is terminated immediately and further use by him, another person’s, or business entity, is in violation of Copyright Act 17 U.S.C. 106 and the Digital Millennium Copyright Act (DMCA) and will be prosecuted as such.
Fees: All fees and expenses payable under this agreement are required no later than Fifteen (15) business days from the delivery of the Photos and payable irrespective of whether Client makes actual use of the Photos. If full payment has not been received within thirty (30) days all rights are revoked at Photographer’s discretion. In the event rights are revoked, all images in the possession of Client will be removed from all forms of media and permanently destroyed within ten (10) days. Failure to do so will constitute a violation of the Digital Millennium Copyright Act (DMCA) and client will be responsible to the photographer for any penalties and awards available under the statute. Providing proof that all photos have been removed and destroyed does not relieve the client from his liability to pay. On day 45 of non-payment, We’re Focused, will file suit against the client for using it’s photos without consent due to non-payment, under the Copyright Act 17 U.S.C. 106 and the Digital Millennium Copyright Act (DMCA).
Delivery: Photographer may select delivery of photographs in JPEG, TIFF, PNG, or other standard format, at a resolution that Photographer determines will be suitable for the Photos as licensed. It is the Client’s responsibility to verify that the Photos are suitable for reproduction and that if the Photos are not deemed suitable, to notify the Photographer with five (5) business days. Photographer’s sole obligation will be to replace the Photos at a suitable resolution but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages.
Unless otherwise specifically provided, Photographer is not responsible to provide images 1) larger than 8”x10” at 300 dpi or 2) in a format higher than 8-bit or in RAW format. Photographer has no obligation to retain or archive any Photos delivered to Client.
General Law/Arbitration: This Agreement sets forth the entire understanding and agreement of the parties, and supersedes any and all prior agreements between the parties. This Agreement shall be governed and interpreted and enforced in accordance with the laws of the State of California. Any claim or litigation arising out of this Agreement or its performance may be maintained only in courts physically located in Riverside County State of California, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties.
Severability: If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
Waiver: No action of either party, other than express written waiver, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such rights or remedies will not preclude further exercise of other rights or remedy.