Usage Rights Agreement

Any and all customers of Kenny Onufrock Photography, LLC, Inc.  agree to the following terms and conditions as part of any and all transactions between themselves and Kenny Onufrock Photography, LLC.

Rights: All Photos and 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 the Photographer. This license provides the Client with the limited right to reproduce, publicly display, and distribute the Photos only for promotional or advertising purposes directly related to the sale or promotion of the listing property. Photos used for any purpose not directly related to the sale or promotion of the listing property must be with the express permission of Photographer. Commercial use of material (i.e. photos/images/video) by builders, architects, designers, stagers, manufacturers, etc. is prohibited without first consulting the Photographer. Additional agreements can be established at that time.

Photos may be uploaded to any MLS or STR listing service or solely for the promotion of the listing property during the pendency of this Agreement. However, regardless of any terms and conditions of the MLS or STR listing service, at no time does this Agreement provide Client with the right to transfer copyright or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106. Photos may contain copyright management information (CMI) at the discretion of the Photographer in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes a violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to the Photographer for any penalties and awards available under the statute.

Unless otherwise specifically provided elsewhere in this document or other signed agreement between the parties, any grant of rights is limited to a term of either one (1) year from the date of this Agreement, or (2) at the termination of Client’s representation of the Property, whichever occurs first. Further use of images beyond one (1) year requires Photographer’s permission and potential additional fees. Rights are assigned to the Client immediately upon delivery of the Photos.

For short term rentals such as Airbnb’s, VRBO’s and the like no such timeline exists. Photos may be used in perpetuity to market the listing.

The images issued under this agreement may NOT be transferred to subsequent listing agents, broker or the property owner in the event that the property does not sell under the terms of the current exclusive listing agreement. It is ILLEGAL to copy or reproduce the photographs, videos, website content, etc. issued under this agreement without the Photographer’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties.