At Columbus Studio we love what we do. We specialize in top notch photography and service to real estate professionals as well as builders, contractors, re-modelers, individuals, automotive dealerships, and insurance companies.
Instant Online Booking
We are on time every time. We try our best to meet or exceed your project needs. You can expect professional equipment, dress, attitude and a friendly smile.
YOUR AGREEMENT WITH COLUMBUS STUDIO
Welcome to the web site of Columbus Studio, a premier professional real estate photography service. The following terms of use apply to your use of this web site and any photos produced for internet usage. When you retain our services you accept these conditions. Please read them carefully before you share and distribute photos produced.
The following terms of use constitute a legal agreement between you and Columbus Studio. Please read all of the following terms of use. By using Columbus Studio, you indicate your acceptance of these terms of use. If you do not agree to be bound by these terms of use, please exit the web site.
USE OF PHOTOGRAPHS
You may purchase the photographs taken by us. If you decide to purchase a photograph, you may not reproduce, display, transmit, distribute or otherwise exploit the picture, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without the prior written consent of Columbus Studio. Photographs are intended for your life of listing use and thereafter for marketing for the Real Estate Agent and the Real Estate Agent Company. You may not use or reproduce a photograph in such a manner as to suggest an affiliation with or endorsement by any product, person or entity that is not affiliated with you.
In addition photos are allowed to be submitted for virtual staging through a third party. Please request a non watermarked version of the images for this purpose
DISCLAIMERS
The photographs are provided “as is”. All implied warranties are hereby disclaimed, including, without limitation, the warranties of title, infringement, merchantability, and fitness for a particular purpose. Floor plan illustration is an approximation of existing structures and features and is provided for convenience only with the permission of the seller. All measurements are approximate and not guaranteed to be exact or to scale. Agent/Homeowner/Buyer should confirm measurements using their own sources
While Columbus Studio uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs or floor plans nor can Columbus Studio ensure that all persons depicted in the photographs (“events”) have consented to the display of their image on this web site. If your photograph appears on this web site without your consent and you wish to have it removed, please contact us. In addition, Columbus Studio is unable to make representations or warranties as to the functionality of this web site, whether it is free of errors, and whether the server hosting the web site is free of viruses and other harmful material. Accordingly, you acknowledge that your use of this web site is at your own risk.
In no event shall the site’s or company’s owners, its employees, subsidiaries, affiliates and representatives, be responsible or liable for any damages of any kind including but not limited to lost business or profits, loss of data, use, misuse, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages however caused, whether for breach of contract, negligence, or otherwise, whether or not the site or the company has been advised of the possibility of any such damages.
You agree that the site and the company’s parties maximum liability arising from any photograph or product sold or purchased shall not exceed the purchase price of such photograph or product. For the use of any unauthorized photograph or product, you, the customer or user, will be held responsible for the use and claims against that use.
INDEMNIFICATION AND TERMINATION POLICY
In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs, or any portion thereof, in any manner not authorized by Columbus Studio, or if you otherwise infringe any intellectual property rights relating to the photographs or this web site, you agree to indemnify and hold Columbus Studio, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys’ fees, incurred by them as a result of unauthorized use of the photographs and/or your breach of this terms of this agreement.
OTHER TERMS
This agreement shall be governed by the laws of the State of Ohio without giving effect to any principles of conflicts of law.
Columbus Studio reserves the right to make changes to this web site, this agreement, and the other information contained in this web site at any time and without notice. Please refer to these terms of use when you visit the site as they may change from time to time.
These Terms of Use constitute the entire agreement between you and Columbus Studio with respect to the use of this site and Columbus Studio services. Columbus Studio's failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Use. If a court should find that one or more rights or provisions set forth in these Terms of Use are invalid, you agree that the remainder of the Terms of Use shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.
TERMS OF AGREEMENT by scheduling a photoshoot below you are agreeing to the terms and conditionsTHIS PHOTOGRAPHY SERVICES AGREEMENT AND GRANT OF LIMITED IMAGE USE LICENSE (the “Agreement”) is entered into between ..., LLC d/b/a Columbus Studio (“Photographer”) and You (hereinafter “Client”).
WHEREAS, Photographer is an entity providing professional photography services;
WHEREAS, Client desires (1) Photographer to provide certain real estate photography services on its behalf and (2) that Client be granted a limited license to use the images captured to aid in the marketing and potential sale of the real property being photographed;
WHEREAS, Photographer agrees to provide such services and grant such limited license subject to the terms of described more fully herein.
NOW, THEREFORE, in consideration of the foregoing promises and mutual covenants hereinafter set forth and other valuable consideration, the receipt and sufficiency of which is acknowledged, the parties hereto agree as follows:
Scope of work Photography Services. Client hereby engages Photographer to render real estate photography services as such times and locations as the parties may agree (hereafter, the “Services”) for value paid by Client to Photographer at such a rate as the parties mutually deem agreeable (the “Rate”). The specific details related to the Services and the Rate may be agreed to either in writing or orally. However, in the event such details are agreed to orally, the parties expressly agree that any performance contemplated under this agreement (which is not committed to writing) shall (and can) be performed within one year and, therefore, shall not be invalid or unenforceable by reason of the Statute of Frauds.
Permissions: Client has obtained all permissions necessary for Photographer to be on, and to photograph the real property. This includes permissions from home owners, business owners, and any intellectual property owners which may have a claim on the property. In the event Grant of Limited Image Use License. Photographer hereby grants to Client a revocable limited license to use the photographs created as a result of the Services (the “Limited License”). Photographer grants this Limited License subject to the following: Each photograph produced as a result of the Services (collectively, the “Photographs”) shall be used by Client only for (i) the marketing, selling and/or leasing of the real property actually reflected in the Photographs (the “Property”) and (ii) the marketing of the Client as a real estate broker.
Neither this Limited License nor any of the Photographs produced hereunder may be sold, exchanged or otherwise transferred to any third party without the written consent of Photographer. The parties hereto agree that any sale, exchange or other transfer in violation of this section shall be null and void and that such act shall be a material breach of this Agreement and the Limited License. Notwithstanding the foregoing, the parties acknowledge and agree that Client may be required to distribute the Photographs to certain third parties to facilitate Client’s marketing, sale and/or lease of the real property on behalf of third parties. That being the case, while Client is under contract to sell, lease or market the sale or lease of the Property, Client is hereby authorized under this Limited License to distribute the Photographs as necessary to facilitate marketing, sale and/or lease of real property so long as Client provides written notification to any such third party(ies) that photo credit is required. It is understood that Client’s compliance with this Section 2(b) shall release Client of any and all liability for any third party’s(ies’) failure to properly provide photo credit/attribution to Photographer. However, Client’s violation of this Section 2(b) shall be grounds for immediate termination of the Limited License granted under this Agreement.
This Limited License shall be revocable only upon Client’s breach of the terms and provisions of this Agreement. In the event the term of this Agreement (as set forth in Section 4, below), inclusive of any renewals thereof, shall expire, the Limited License granted related to the Photographs produced to that point by Photographer shall remain in full force and effect until and unless Client breaches any of the terms and provisions of this Agreement (which shall survive any termination thereof).
All copyrights and other intellectual property interests in the Photographs, as well as the original Images, whether negative or digital, remain the sole property of Photographer. In the event that an original digital image or negative is provided to Client, Photographer shall retain ownership of the copyright. Nothing within this agreement shall be construed as a waiver of Photographer’s copyright interest in the Photographs. To the extent the Photographs contain any subject matter which is subject to the copyright interests of a third party, Client hereby assumes all liability for any form of copyright infringement which may stem from or be related to Client’s impermissible use of the Images.
Liability. The parties agree that neither Photographer nor any of Photographer’s agents or third party associates shall be liable in the unlikely event that an act of God, equipment failure or other unforeseen circumstance interferes with the Services set forth in this agreement. Further, the parties agree that Photographer shall not be liable for any damage to or on any real property whereupon the Services are provided. In the event Photographer is found liable for any damage to personal or real property as a result of Photographer’s performance of the services contemplated by this Agreement, Client hereby expressly agrees to indemnify and hold Photographer (and any of its agents or associates) harmless from any and all such liability. Further, Client expressly acknowledges and understands the artistic nature of the Services performed by Photographer and, therefore, waives any right to any civil action against Photographer based upon Photographers performance of those Services. In the event that Photographer fails to perform under this agreement for any reason, the parties agree that Client’s damages would be difficult, if not impossible, to ascertain. That being the case, Client hereby agrees that Photographer’s liability under this Agreement is limited solely to the refund of any payment advanced by Client to Photographer for which no Services were rendered.
Term. The term of this Agreement shall remain in perpetuity as long as the client does not violate the use terms set forth in this agreement.
Amendment. This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties.
Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written and enforced as so limited.
Construction and Attorney’s Fees. This Agreement shall be construed under the laws of the state of Ohio. The parties agree that each has had the opportunity to consult an attorney and that each party fully understands the terms and provisions contained herein. Further, the parties have had an opportunity to negotiate and prepare this Agreement together and, therefore, waive any legal argument or defense premised upon who the drafting party is or was. In the event any party hereto brings suit to enforce any provision of this Agreement, the prevailing party shall be entitled to its reasonable attorney fees costs.
