1.Exclusivity and Authority. It is understood that Matt Yung Photography is the exclusive photographer retained to perform the photographic services when an appointment is scheduled. No other photographers, professional or otherwise, are permitted to photograph these closed sessions.

2. Payment. An invoice will be emailed to the Real Estate Agent the day of the shoot and full payment is due within 24 hours of receiving the invoice. No part of any order, including previews, will be delivered until the balance is paid in full.

3. Cancellation. In the event that the Real Estate Agent / Homeowner cancels within 24 hours of the set appointment time, a $100 cancellation fee will be invoiced.

4. Rescheduling In the event that the Real Estate Agent / Homeowner reschedules a session within 24 hours of the set appointment time, a $100 fee will be added to the total session costs. If we arrive and the home is not ready to have photos taken, or the property is not accessible, the full session fee will be charged and another appointment with payment will need to be scheduled.

5. Weather. If, in the opinion of Matt Yung Photography, inclement weather or other adverse conditions prevent the creation of photographs meeting the artistic standards of Matt Yung Photography, Matt Yung Photography may elect to reschedule the session without fees.

6. Preparation. The Real Estate Agent / Homeowner is responsible for having the home photo ready. Matt Yung Photography will not be held responsible for dissatisfaction with the photos due to unpreparedness.

7. Artistic Rights. Matt Yung Photography retains the right on deciding how to photograph a property depending on its design / layout. All efforts will be made to honor Real Estate Agents requested shots. Matt Yung Photography retains the right of discretion in selecting the photographic materials as well as the editing style and overall look of the the product released to the Real Estate Agent.

8. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of Matt Yung Photography. If your appointment falls on a Monday - Thursday Matt Yung Photography shall make gallery available by 9pm the day after the shoot. If your appointment is scheduled on a Friday, the gallery will be made available Monday by 9pm. The gallery shall remain open for 30 days from delivery. If the Real Estate Agent requests to extend the time or reopen the online proofing gallery, a $25 archival fee shall apply.

9. Copyright and Reproductions. Matt Yung Photography shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, advertisements, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on Matt Yung Photography’s website, Facebook Page, Instagram account and/or studio. The Agent further waives any and all rights to review or approve any use of the images, any written copy or finished product. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.

10. Real Estate Agent’s Usage. The Real Estate Agent shall only use the digital files in accordance with the permissions within this agreement. The Real Estate Agent’s photos are for the promotion and selling of the clients home only. Once the home is sold or a year goes by (whichever comes first) your standard license ends. If you are interested in a commercial license to use the photos to promote you or your business please contact us to receive a quote.

11. Failure to Perform. If Matt Yung Photography is unable to perform this agreement due to illness, emergency, fire, casualty, strike, acts of God or other causes beyond the control of the parties, then Matt Yung Photography and Agent shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Matt Yung Photography shall have no further liability with respect to the shoot. Further, if Matt Yung Photography is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing or otherwise lost or damaged without fault of Matt Yung Photography, Matt Yung Photography shall not be liable for any amount in excess of all monies paid.

12. Photographer. The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.

13. Photographer’s Price List. Matt Yung Photography's Real Estate Price List is adjusted periodically and future appointments shall be charged at the prices in effect at the time when the appointment is placed.

14.Travel Fees. If the properties location is further than 45 minutes drive from our location (655 Blackberry Run Trail Dallas, GA 30132) a travel fee will be applied depending on the location.

15. Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $200. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

16. Indemnification. The Photographer shall be held harmless for any and all injury to Real Estate Agent during the course of the photography session and the immediately surrounding events.

17. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of Dallas / Paulding Co., GA.