Terms and Conditions (“Terms”)
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before usingany of the services that EZY STUDIO offers.
(“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all customers, clients, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. Image license agreement between EZY STUDIO and the contracting client including clients of contracting client.
Section 1) Image/Video Use
1.1 This licence is individual, non-transferable and non-exclusive. It gives you the right to use the photographs on any type of medium, for any sort of utilization, such as for example the illustration of press articles, advertising, on-line use, as well as the right to carry out any form of reproduction, printed or digital, needed in what you intend to do with the photographs/videographs. This license is granted to you with a time limit based on the life of the property listing with the current contracting client (e.g. real estate agent) or unless you should fail to respect one of its clauses. This license allows you to crop the photographs, to take elements out of them, to use them partially, to touch them up or add elements to them.
1.2 The following uses are not authorized in compliance with the licence granted to you here. Before any use in one of the following cases, it is mandatory to contact EZY STUDIO in order to pay an additional license: For any use of the photographs in a third party product or if they are to be commercialised, of which they represent the main value, such as, reports, postcards and posters. For any billing activity through a commercial network, reproducing the whole or part of a photograph.
1.3 It is forbidden to resell, give a sub-license, give, lend, sub-let, distribute the whole or part of an image, whatever its size and resolution unless you are acting on behalf of a client as advertising agency or similar.It is forbidden to use the photographs in a context which might be political, slanderous, immoral, offensive or degrading.
1.4 EZY STUDIO certifies that it is entitled to all the commercial rights pertaining to the photographs/videographs.
1.5 All rights pertaining to the photographs/videographs are owned by EZY STUDIO. The granting of this license does not imply a transfer of ownership. The photographs/videographs are protected by the laws on royalty and copyright. You are therefore under the obligation to use the photographs like any other protected product. Any representation or reproduction, complete or partial, carried out without the consent of EZY STUDIO may be considered a breech of contract.
1.6 All images/videos provide by EZY STUDIO to the client are 100% owned by EZY STUDIO unless otherwise stated. All images provided by EZY STUDIO may have been captured using EZY STUDIO staff, contractors or third parties. In the event that EZY STUDIO uses a third parties’ supplier will ensure that we have the contractual right to license the images.
1.7 EZY STUDIO may resell image the rights to third parties, other studios, real estate agents or advertising agencies. The resale of image rights may only completed once the current advertising campaign has ceased.
Section 2- Disclosure to vendors, tenants, investor or any associated person(s)
2.1 In accordance with the terms of this agreement you must disclose to the client, vendor, tenant, investor or any associated person(s) involved with the property that is being photographed/videographed that the images/videos captured are bound by the image/video use agreement (section 1.1) and that all image/video captured or produced remain the property of EZY STUDIO and may only be used for the life of the listing. This disclosure is normally indicated on the vendors advertising schedule and may or may not include this entire document. Upon request from a vendor or associated person this document may be presented.
2.2 The vendor, tenant, investor or any associated person(s) may obtain copies of the images/videos for personal use only and must not reproduce, resell or redistribute those images for commercial purposes or for marketing use with another selling agent or marketing company. All copies provided will include a watermark or security tag.
2.3 All photography/videography bookings are a direct contract between EZY STUDIO and the company booking the job such as the advertising agency or listing agent. The vendor, tenant, investor or any associated person(s) have no involvement in the contract between EZY STUDIO and the customers and have no rights over any images unless specifically requested.
Section 3- Termination
3.1 The license contained in this Agreement may terminate automatically without notice from EZY STUDIO if You fail to comply with any provision of this agreement or fail to pay any accounts or monies owed. Upon termination, you must immediately:
Stop using the Digital Photos/Videos.
Delete any Digital Photos/Videos and all copies of all of them from all digital media and destroy all other copies or, upon request of EZY STUDIO
Section 4- Resale
4.1 Images/Videos may be resold to vendors or interested parties, resale of images can only be done where the original contracting client has given permission for the images to be re-distributed.
4.2 All image/videos resale will incur an admin and re-license fee – ( See fees)
Section 5- Governing Laws
5.1 This Agreement will be governed in all respects by the laws of Canada. The Courts of the Ontario shall have the non-exclusive jurisdiction to hear any disputes under this Agreement. Not withstanding the foregoing, EZY STUDIO shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of EZY STUDIO, such action is necessary or desirable.
Section 6 – Fees
Image/Video re-license fee per set – Price range $199.00 – $500.00 plus HST
Image/Video copyright and ownership transfer Price range based on image, circulation and usage $500 – $2,000 per image
If the time passed out and photographers/videographers are asked to still shoot and videotape the client it will be charged with $200 per each hour extra.
Section 7 – Booking and Cancellation Fees
7.1 – Cancellation of bookings must be made via 15 days notice prior to the actual job date/time, for cancellation is required. Cancellations must be made in writing via email to firstname.lastname@example.org
Cancellations will in incur the following fees: 50% of job cost.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.