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Terms & Conditions

Scheduling and Contact Information

Requests for photography appointments are preferred via our website; you may also email info@fishburnephotographic.com or contact us by phone or text at 843-508-3030. After the appointment is scheduled, we will confirm the date, time, and location of the shoot one day in advance.


Payment

A credit card is preferred at the time of scheduling. You may pay in full during scheduling, or pay by check or cash at the beginning of the photo shoot. We accept Visa, MasterCard, American Express, or Discover. Your card on file will only be charged if a check or cash is not available at the start of the shoot.


Travel Fee

A travel fee applies to all orders greater than 20 miles (one way) from Beaufort, SC (29902). The fee is disclosed at the time of scheduling.


Property Preparation and Pets

Please ensure all pets and their belongings (food bowls, beds, toys, etc.) are contained and out of sight from all major rooms in the house prior to the shoot.


At the Shoot

The Realtor, or someone authorized by the Realtor, should be present to allow the photographer access to the property and to flag any areas that should not be photographed. We prefer to work independently; if the Realtor stays, our goal remains an efficient, cost-effective shoot. Staging and cleaning must be completed prior to the shoot — for liability reasons, the photographer does not clean, dust, or move furniture, and is responsible only for photographing the property. We generally photograph one or more views of each major room, excluding utility rooms and closets unless requested in advance, plus the front and rear exterior, yard/waterfront views, and any relevant views from the property, along with detail shots of unique architectural interest. Let us know in advance of any specific shots you'd like.


After the Shoot and File Delivery

We strive for a 24-hour or shorter turnaround for delivery, unless otherwise specified. You'll receive an email with a download link for two sets of images: high resolution for print and low resolution for MLS/web. RAW files are not provided. Fishburne Photographic, LLC is not responsible for storage of files after 6 months from delivery.


Cancellation, Rescheduling, No-Show, and Weather

If cancellation or rescheduling is necessary, please give at least 24 hours' notice. Shoots cancelled within 24 hours of a confirmed appointment are subject to a cancellation fee of 50% of the total rate. Arriving more than 30 minutes late to an appointment is treated as a cancellation and billed at the full rate; the card on file will be charged at that time. We will make every effort to accommodate rescheduling.


In the rare case that Fishburne Photographic, LLC needs to reschedule or cancel a session — due to an emergency, illness, equipment failure, or severe weather — we will notify you as soon as possible and offer either a full refund or rescheduling at no additional cost. If inclement weather prevents exterior photography specifically, we will schedule a pick-up shot of the exterior at the earliest available time.



Copyright and Licensing Agreement

To provide the best service and support, Fishburne Photographic, LLC does not sell photographs — we license their use. Licensing depends on (1) payment in full, (2) the photographs being used only as described below, and (3) proper copyright notification.

Copyright Notice

All Photos, and all 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 Fishburne Photographic, LLC (“Photographer”). Copyright is never transferred, whether by delivery, payment, or upload to any platform.

Limited Licensing Agreement

This Agreement grants the Realtor (“Licensee”) a limited, non-exclusive, non-transferable right to reproduce, publicly display, and distribute the Photos solely for promotional or advertising purposes directly related to the sale of the specific property photographed (the “Property”), including MLS listings, printed marketing materials, and the Licensee's business or personal real estate social media. Photos may be uploaded to any MLS solely to promote the Property during the term of this Agreement; regardless of any MLS terms, this Agreement does not transfer copyright or any other exclusive right under the Copyright Act, 17 U.S.C. § 106.


Unless otherwise agreed in writing, the license terminates on the earlier of: (a) the end of the Licensee's representation of the Property, or (b) the sale, withdrawal, or cancellation of the listing. Limited licensing rights are assigned to the Licensee immediately upon delivery of the Photos. Any use beyond the scope or term of this license requires the Photographer's written permission and payment of additional fees.

Prohibited Uses

Without the Photographer's prior written permission, the Licensee may not:

  • Sell, share, sublicense, or distribute the Photos to any party not covered by this license;

  • Transfer or assign the license to a new listing agent, brokerage, or to any property other than the one photographed;

  • Provide the Photos to homeowners, buyers, stagers, designers, builders, or other third parties;

  • Edit, alter, or manipulate the Photos beyond basic resizing or cropping;


Use the Photos in connection with any future or unrelated listing (community amenity photos may be reused for the same community by written arrangement).


Having a copy of a Photo does not constitute permission to use, share, or reuse it. Use outside the scope of this license — intentional or accidental — may constitute copyright infringement.


Homeowner and Buyer Requests

Homeowners and buyers who would like copies of the Photos should contact Fishburne Photographic, LLC directly. The Licensee may not forward, share, or otherwise distribute Photos to homeowners, buyers, or anyone else not covered by the license.


Transfer of Listing

If representation of the Property transfers to another agent, the license under this Agreement ends and a new photo session is encouraged. Where re-licensing of existing Photos is available, it is billed at the standard shoot rate; not all Photos are available for reuse, and some may be subject to exclusive agreements.


Third Parties

Builders, stagers, designers, or other third parties who wish to use the Photos must contact Fishburne Photographic, LLC directly for licensing and fees. A property release from the homeowner is also required from any such third party.


Photo Credit

Credit is not required for standard listing use, but is appreciated for social media or editorial use. If tagging, please credit Fishburne Photographic, LLC.

General Terms

Limitation of Liability

Fishburne Photographic, LLC is not responsible for delays, errors, or issues arising from factors beyond our control, including weather, property conditions, or technical failures, nor for misuse of the Photos after delivery. Our liability for any claim arising from the Services is limited to the amount paid for the affected session, and we are not liable for indirect, incidental, or consequential damages.


Privacy and Data

We respect client privacy. Personal information collected for bookings or communications is used only to provide our services and is not shared with third parties except as required for legal or operational purposes.


Dispute Resolution and Governing Law

Any dispute arising from these Terms or our Services will first be addressed through good-faith negotiation. If unresolved, the dispute will be governed by the laws of the State of South Carolina.


Changes to These Terms

Fishburne Photographic, LLC may update these Terms & Conditions at any time. Updated terms will be posted on our website, and continued use of our services constitutes acceptance of the new terms.

By scheduling a session or using delivered images, you acknowledge that you have read, understood, and agree to these Terms & Conditions. Questions can be directed to info@fishburnephotographic.com or 843-508-3030.