Copyright Notice: LYSTPROS LLC is the exclusive copyright holder of the image. Full image rights are not sold or granted, clients only receive licenses. Licensing may be obtained for various applications of images, please refer to Photo Rights and Usage for Real Estate Photography.
Photo Rights and Usage for Real Estate Photography: The original agent/client who paid for the service has permission to use the images on any electronic or printed form of advertisement for the promotion of that property. The licensing agreement is valid only for the duration the home/property is listed for sale and cannot be reused without specific written permission from LYSTPROS, LLC. LYSTPROS, LLC must be made aware, credited, and compensated for any printed or digital publication/use where photos are not being used for the direct marketing of the sale of the property.Agents/clients may not sell, transfer, or gift any images for any reason to any third party, especially to another agent who takes over an expired, withdrawn, or cancelled listing. These third parties also include sellers, builders, stagers, and any other contractors associated with the property or agent.
Image licenses are non-transferable. LYSTPROS, LLC reserves the right to re-license the photos. Failure to pay for the images will result in a copyright infringement/violation. You will be asked to remove the image from any electronic or printed form of advertisement within 24 hours. Failure to stop use of the images/media will result in legal action. Once photos/media have been delivered, the agent, client and/or homeowner, may not make any digital alterations, editing, or "photoshopping" to the photos unless to crop or resize the images. If there is an issue or concern with editing or photos please contact LYSTPROS, do not make alterations as this is a violation of copyright.Amenity media/photos "Community shots" such as golf course, clubhouse, fitness centers, subdivision signs, etc., may be licensed in conjunction with property photos in order to market the listing. LYSTPROS, LLC retains all rights to every photo and therefore these shots are stock images. Agents/clients who choose to purchase the community/amenity package may only use those images in conjunction with the designated property. Use of the photos/media in other marketing or in conjunction with other properties, is prohibited unless additional licensing is purchased.
Expectations of Agent / Client /Owner: Agents, Clients, and homeowners are expected to have the property cleaned and staged prior to the photo shoot. If the property is not ready to be photographed you should make every effort to reschedule 24 hours prior to the shoot. LYSTPROS, LLC and any approved service provider of LYSTRPOS is not responsible for staging, cleaning, decluttering, or landscaping. We are not a staging service, cleaning service, or a landscaper...we are a photography media service company. There will be a "staging/convenience fee" added if any of these are requested by the agent and there is by no means any obligation by the photographer (service provider) to complete any of these actions. View the Preparation Guide Here.
Cancellation and Rescheduling Policy: By scheduling service you affirm that the property is ready for photos / media to be captured. You also understand that there is a fee of $50 when we must return to a property in which the property is not ready for the originally scheduled service date and time it. This includes, but is not limited to: property not shoot ready condition, staging is incomplete, construction, agent / client / owner not at the home / property, no key in lockbox, etc. This does include partial photo shoots where the exterior may not be ready or certain rooms are incomplete and the photographer is required to return. We also understand things come up or may change but if a property is rescheduled or cancelled within 24 hours of the scheduled shoot time, there will be a $50 fee. Any cancellation within 2 hours of the shoot or once the photographer has arrived will be subject to 100% of the service amount.
Weather Policy: We photograph in all weather except for rain. If rain is present the client will be given the option to reschedule at no additional charge. However, the weather should be evaluated several days prior to the shoot to prevent any rescheduling. The weather policy does not cover rescheduling or cancelling under 24 hours due to cloudy weather or lack of sun (rain must be present in order for the fee to be waived).
Rush Policy: A minimum of 48 hours notice is recommended when scheduling for a property shoot. A request for photos to be completed and delivered in under 12 hours from time of shoot is subject to a $50 rush fee.
Photo Guarantee: LYSTPROS, LLC will make every effort to ensure the final images / media are of high quality and represent the property in the best way. Sometimes however, an agent / client / homeowner may feel these images do not meet those expectations. In this case, LYSTPROS, LLC will work closely with the agent / client / homeowner to correct the issue. A reasonable amount of re-touching will be performed at no additional cost. If a return trip is requested due to issues in the photos regarding decluttering, additional photos not specifically requested prior to shoot, or other aspects that are not directly the responsibility of LYSTPROS, LLC, a fee will be accessed. A minimum re-shoot fee of $65 will be charged to the agent / client / homeowner, unless it is the direct responsibility of the photographer (service provider ) where then there will not be a charge (ie. missing specific shot requested prior to shoot). Everyone has a different idea of their "best photo" but prior to hiring LYSTPROS, please carefully review the portfolio as there will be no refunds issued to clients who are not happy with the "style" of photography. “Style” refers to image angles, color, and any other visual aspect of the photo.
Delivery of Photos and Storage: For most standard real estate shoots, LYSTPROS, LLC guarantees a 24 hour or less turn around time. Some photo shoots of larger properties or with extensive editing/special requests, such as luxury, twilight, virtual staging and aerial videography may take up to 48 hours. LYSTPROS, LLC will also maintain a media backup and provide access to the final images for up to 60 days after the photos are delivered to the client via download link. After 60 days, LYSTPROS, LLC cannot guarantee the photos will be available, however if they are, there will be a $25 retrieval fee if the client requests another copy. It is highly recommended to download the photos immediately after receiving the final download link as this will ensure no future issues or retrieval fees.
Travel Surcharge: Properties outside of a LYSTPROS central base ( 20 Mile radius ) of a service area are subject to a minimum travel fee of $50 depending on distance. A larger travel surcharge will be assessed for properties significantly out of our current established service area. Properties in rural or remote areas may be subject to additional travel fees depending on the extent of the distance from a major paved roadway.
Right to Refuse: LYSTPROS, LLC reserves the right in its sole discretion to refuse service at any time for any reason. At any time, LYSTPROS, LLC can terminate the relationship with or fire a client for overdue invoices, poor communication, or unreasonable requests.
Payment: Payment is made at time of scheduling services, or the stated due date on the invoice. Payment is required before photos will be released for download. Failure to pay by due date will result in a 2% fee assessed daily. Failure to pay an invoice past due of 30 days or more will result in legal action. Timely payment is expected.
Terms of Service update 1/22