- My Fee's
- Day or Night?
- Post Production / Turn Around Time
- Pre-Shot Checklist
- Standard Real Estate - Terms and Conditions
- Multi-Party Licensing
Some architectural photographers charge by the day. Some, for every time they trip the shutter. Others by the hour and by the picture, plus this and that, and any combination thereof. - it can be confusing.
- "So what does it cost to photograph this house?
"It's a little like the question, - "What does it cost to build a house?"
There is no blanket answer as it depends on many different factors. But, here is how I look at each project to make sure that the client gets exactly what they need, and at an affordable budget:
There are basically 3 parts that come into play in estimating what a particular production will cost; The actual creation of the photographs on location, post production of the captured images, and licensing the images for what the client will use the images for.
1. Creation of the images. This is were I actually go on location and create photographs based on what the client has directed me to capture. Using my creative eye, and professional camera and lighting equipment, I work very carefully at creating great high-impact images.
2. Post production. There is a huge misconception, that digital photography is easier, faster, and thus costs a lot less than shooting film. That can be true if you are happy with low quality jpeg pictures out of a point-and-shoot camera. However, if you would like your images to look like mine, there is a lot more to it than that. For example, while it may only take 5 hours to shoot at the actual location, that, will be followed by several more hours of post-production in my office to make those photographs look "perfect"
What does all this mean? Simply that - while I usually spend less time on location, shooting digital (as opposed to shooting film), I spend an equal amount of time (or more) in front of my computers working on making those images look their very best.
While digital photography can save time on location (though proper lighting techniques still makes all the difference), the generated RAW files always need post production work. Post production, is when I color-correct, enhance, and retouch the image files to look their very best. It is also when the RAW files are converted to other file formats (TIFF, JPEG, etc), such as files that are optimized for online viewing, or copies that are specifically adjusted for high resolution printing, etc.
Once completed, the ready image files are delivered to the client via a private, password protected online web gallery.
- 3. Licensing. When I estimate the cost of a given production, I include licensing based on stated needs of the client.
Usually a standard license, that permits the client to use the images on their website, MLS, in promotional materials or for internal use, is sufficient. However, there are clients that may require additional uses, such as book, or editorial publishing, and we will discuss this with each client.
So, what's the bottom line? I bid each project based on time on location, post production, and on the clients licensing needs. But, instead of sending you a bid with 25 line items, I simply carefully estimate exactly what the complete project will cost based of what the client is looking for. No "underestimating", no surprises. If you have a project that you'd like for us to create an estimate for, just send me an email, or give me a call with the particulars. I'm confident that you'll be pleasantly surprised.
At what time of day should your project be photographed?
Consider the best time of day for the photography: Interiors. Exteriors. Natural light. Sun. Shadows. Mixed lighting. Views.
Is it best to shoot at night? Often both day and night images are needed to provide a complete overview of the project, as rooms often have a different look, or “feel”, at different times of the day.
Keep in mind, that during twilight shoots, the “perfect light”, is a fleeting moment. As such I am limited in the number of shots that can be produced each evening. Large projects, or special client needs, may require multiple evenings on location.
Large windows, or walls of glass (and their orientation), as well as glossy floor finishes, often dictate when a room should ideally be shot.
Digital capture allows for a more immediate experience of the work being produced.
Digital Work Flow Benefits:
Turnaround times: For images that require standard post-production work, my normal turnaround is just 24-48 hours. As each shoot has different characteristics, we'll discuss with you anticipated delivery times. My Investment: I have made a very significant investments in the process of digital production. Not only is there the expense of the extremely high cost of the very best digital cameras, lenses, and lighting but also the powerful computers which offer the power to handle large quantities of the images I am capable of producing as well as the state-of-the-art software suites.
I shoot “RAW”!
Capturing RAW, means that I capture my digital images in an unprocessed and uncompressed digital format for maximum image quality. As opposed to the customary compressed JPEG format that you would expect from a typical consumer camera, RAW files (think of them as undeveloped film that still needs to go to the lab to be developed), require significant work before becoming the professional images you’d expect. This “post-production” work takes place on our in-house computers utilizing a number of imaging software and custom programs. This is a critical element in producing superior images and I usually spend more time in post-production than at the actual shooting location. Great care is taken in processing each selected image for excellent color fidelity, clarity and maximum visual impact.
Retouching and Custom Image Manipulation:
Any retouching, or custom image manipulation that is needed beyond basic color corrections and minor blemish removal (which we include as part of our standard service) . We can also provide custom compositing and significant image manipulation (such as "removing" neighboring buildings, unsightly utility poles and wires, or perhaps "adding" things like landscaping) and are billed at $50/hour. We will provide you with an estimate prior to commencing this level of work or incurring any charges.
Access/Location: Exact street address and community name.
Gate access, if at a gated community.
Keys and alarm code (if homeowner or agent representative is not present).
Is the homeowner in residence? If so, are the owners (or those at the site) expecting the photographer and crew? (Note, they do NOT need to be present as long as we have complete access, and the property is ready to shot).
House keeping, Has a/c system been turned-on prior to photographer's arrival (during summer months)?
Are all interior spaces clean and "staged" just prior to the scheduled shoot?
Are all the rooms and areas you want photographed truly ready and accessible?
Are all the windows clean?
Garden and Landscaping: Gardening service, performed just prior to scheduled shoot?
Flowers and plants looking good?
Hoses and pool tools put away?
Garden furniture clean (like glass table-tops), and are furniture cushions put out?
Pool service, performed just prior to scheduled shoot?
Sprinkler systems turned off to keep the building, walkway's and patio areas (and photographer) dry?
Automobiles moved - no cars on curb, in parking lot, driveway, or motor court (make sure that all involved are notified in advance of production time).
Property owner’s permission: Photographer may need client participation to obtain a photographic property release.
(photographer will supply these forms if needed)
TERMS AND CONDITIONS This Photographer Licensing Agreement (the “AGREEMENT”) is entered into effective this date, x______________ between Jeremy Flowers (“PHOTOGRAPHER”) and x__________________________________ (“CLIENT”). All references to the Client in this Agreement shall include Client’s parent companies, affiliates, and subsidiaries.
Scope of this Agreement: This Agreement applies to any photograph, graphics, digital assets, or digital images created or taken by Photographer and delivered to the Client (collectively known as “PHOTOS”) for the property x_______________________________________________________________________ (“PROPERTY”). This Agreement governs the relationship between the parties and in no event shall any e-mail communication or other exchange, amend or otherwise modify the terms of this Agreement unless agreed to in writing.
Rights: All Photos and rights relating to them, including copyright and ownership rights in the media in which the Photos are stored, remain the sole and exclusive property of the Photographer. This license provides the Client with the limited right to reproduce, publicly display, and distribute the Photos only for promotional or advertising purposes directly related to the sale of the Property. Photos used for any purpose not directly related to the sale of the Property must be with the express permission of Photographer and the payment of additional fees, unless otherwise agreed to in writing. Photos may be uploaded to any MLS listing service solely for promotion of 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 Client 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/or altering such information is prohibited and constitutes 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. Client is responsible for ensuring that the Photos are removed from MLS databases at the expiration of this Agreement. Unless otherwise specifically provided elsewhere in this document or other signed agreement between the parties, any grant of rights is limited to a term of either three (3) year from the date of this Agreement, or (2) at the termination of Client’s representation of the Property, whichever occurs first. Further use of images beyond three (3) years requires Photographer’s permission and additional fees. Rights are assigned to the Client immediately upon delivery of the Photos.
Relationship of the 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 in this Agreement. 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. Creation: The manner and method of creating any Photographs is solely at the discretion of Photographer and the Client has no right to control Photographer’s manner and method of performance under this Agreement. Photographer will use his/her best efforts to: (a) ensure that the Photos conform to Client’s specifications; and (b) submit all Photos to Client in publishable quality, on or before the applicable deadlines.
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 within 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.
Fees: All fees and expenses payable under this agreement are required no later than ten (10) 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. Client shall provide Photographer with written statement that all images have been removed and destroyed.
Cancellation: If Client cancellation of this Agreement is within the day of the Property shoot, Client will pay any expenses incurred and a twenty-five (25)% cancellation fee. This does not include rescheduling due to weather or other acts of God. In the event of rescheduling, if Photographer has already traveled to the property a flat rate travel fee of $50 dollars will be paid to Photographer. No Exclusivity: This Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Photographer, and Photographer shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by Photographer.
Transfer and Assignment: Client may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties. However, the invoice may reflect, and Client is bound by authorizations that could not be confirmed in writing because of insufficient time or other practical considerations.
Indemnification: Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Photos or materials furnished by Client. It is the Client's responsibility to obtain the necessary model or property releases and ensure they are in full effect and in force.
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 Florida. Any claim or litigation arising out of this Agreement or its performance may be maintained only in courts physically located in Lake County, Florida 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.
IN WITNESS WHEREOF, the parties have caused this Photographer Licensing Agreement to be duly executed as of the dates written below.
Multi-Party Licensing / Cost Sharing; It is common during architectural assignments that multiple parties may have use for images, and as such I encourage cost- sharing whenever possible. Any cost-sharing assignments must be arranged before the start of the assignment, and each party will need to sign an individual licensing agreement.
During a cost-sharing assignment, the production/creative fee is divided equally among the participating clients, while the licensing fees are based on each client’s individual needs.
Any party wanting use of the images after date of production, will need to obtain a separate license from me, at standard stock- image licensing rates.