Terms & Conditions

The ZEN LENSE Real Estate Licensing Agreement

This Media Licensing Agreement (the “AGREEMENT”) is entered into effective this date, between [ZEN LENSE] (“PRODUCER”) and (“CUSTOMER”). All references to the Customer in this Agreement shall include CUSTOMER’S parent companies, affiliates, and subsidiaries.

Scope of this Agreement. This Agreement applies to any photograph, graphics, digital assets, digital images, video and 3D created or taken by Zen Lense and delivered to the Customer (collectively known as “Media”) for the 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 Zen Lense Media and rights relating to them, including copyright and ownership rights in the media in which the Media are stored, remain the sole and exclusive property of Zen Lense. This license provides the Customer with the limited right to reproduce, publicly display, and distribute the Zen Lense Media only for promotional or advertising purposes directly related to the sale of the Property. Zen Lense Media used for any purpose not directly related to the sale of the Property must be with the express permission of Zen Lense and the payment of additional fees, unless otherwise agreed to in writing.

Relationship of the Parties: The parties agree that Zen Lense is an independent contractor, and that neither Zen Lense, nor Zen Lense’s employees or contract personnel are, or shall be deemed to be, employees of Customer. 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. Zen Lense and the Photos or any other deliverables prepared by Zen Lense shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Customer are contractual in nature and are expressly defined by this Agreement.

Delivery: Zen Lense may select delivery of media in JPEG, TIFF, MOV, or other standard format, at a resolution that Zen Lense determines will be suitable for the Media as licensed. It is the Customer’s responsibility to verify that the Media are suitable for reproduction and that if the Media are not deemed suitable, to notify the Zen Lense within five (5) business days. Zen Lense’s sole obligation will be to replace the Media at a suitable resolution but in no event will Zen Lense be liable for poor reproduction quality, delays, or consequential damages. Unless otherwise specifically provided, Zen Lense is not responsible to provide images 1) larger than 8”x10” at 300 dpi, 2) in a format higher than 8-bit or in RAW format 3) LOG/RAW video format higher than 1080P. Zen Lense has no obligation to retain or archive any Photos delivered to Customer.

Delivery: Zen Lense may select delivery of media in JPEG, TIFF, MOV, or other standard format, at a resolution that Zen Lense determines will be suitable for the Media as licensed. It is the Customer’s responsibility to verify that the Media are suitable for reproduction and that if the Media are not deemed suitable, to notify the Zen Lense within five (5) business days. Zen Lense’s sole obligation will be to replace the Media at a suitable resolution but in no event will Zen Lense be liable for poor reproduction quality, delays, or consequential damages. Unless otherwise specifically provided, Zen Lense is not responsible to provide images 1) larger than 8”x10” at 300 dpi, 2) in a format higher than 8-bit or in RAW format 3) LOG/RAW video format higher than 1080P. Zen Lense has no obligation to retain or archive any Photos delivered to Customer.

Payment: Of Zen Lense’s fee, [0%] is due at the signing of this agreement. Upon completion of the work, Zen Lense will invoice Сustomer for total amount due. Payment is due on delivery (unless otherwise stated). Any amount not received by its due date will collect interest at 5% per month, or the legally allowable maximum if this amount exceeds it.

Cancellation: If Customer cancellation of this Agreement prior to 1) the Property shoot or 2) within one (24) hours of this agreement, Сustomer will pay any expenses incurred and a [$250] cancellation fee. For Сustomer cancellation within two (12) hours of the Property shoot, Customer is responsible for [100%] of the fee and any expenses incurred.

No Exclusivity: Zen Lense is an independent contractor, not an employee or partner of Customer. Zen Lense is solely responsible for all taxes, withholdings, insurance, and any other obligations that may apply to an independent contractor.

Termination: If either party materially breaches this agreement, the non-breaching party may terminate the agreement only by providing written notice of the breach to the breaching party. The breaching party shall have 5 days to cure the breach after receiving such notice. If the breaching party fails to cure the breach in that time, the agreement shall terminate except with respect to those obligations that are noted herein as surviving termination.

If the Agreement terminates for any reason other than a material uncured breach by Zen Lense, then Zen Lense is immediately entitled: upon termination, any license Customer has in the work is immediately revoked.

Miscellaneous: This agreement is between Customer and Zen Lense, and neither is allowed to delegate, transfer or assign it to a third party without the written consent of the other.This is the parties’ entire agreement on this matter, superseding all previous negotiations or agreements. It can only be changed by mutual written consent.

The laws of the state of VA govern this agreement and any disputes arising from it must be handled exclusively in courts in that state. The prevailing party in any dispute will be entitled to recover reasonable costs and attorneys’ fees.Confirmation of this agreement (check box option at time of online booking, online quote approval or digital signature), either physical or electronic, will have the same effect as signing an original.