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Terms & Conditions

LICENSING

 

Understanding Photography Licensing: Protecting Creative Rights and Ensuring Legal Use

Photography licensing can be complex, but understanding its basics is essential for businesses and individuals who want to use photographs legally. This guide explains what licensing is, why it matters, and how to ensure compliance with copyright laws.

 

What is Photography Licensing?

Photography licensing is a legal agreement between a photographer and a client or third party, granting permission to use specific images under defined terms. It outlines where, how, and for how long the photos can be used, ensuring that both parties are clear about their rights and responsibilities.

Unlike physical goods you purchase and own outright, photographs are considered intellectual property (IP). This means that even after commissioning a photographer, the copyright—the legal ownership of the creative work—typically remains with the photographer unless explicitly transferred.

 

Key Principles of Photography Copyright and Licensing

  1. Copyright is Automatically Granted:
    By default, photographers retain the copyright for every image they create. This legal protection allows them to control how their work is used and to charge for its use.
  2. Licensing vs. Ownership:
    When hiring a photographer, you’re usually paying for a license to use the images, not for outright ownership. The license will specify allowed uses, such as posting on social media, including in brochures, or featuring on a website.
  3. Specific Permissions for Third-Party Use:
    Clients cannot freely share or distribute licensed photos to third parties (e.g., furniture companies, magazines, or social media accounts) without the photographer’s explicit permission. Each new use typically requires a new license.
  4. Custom Licensing Terms:
    Licensing agreements are tailored based on the intended use of the images. For example, an image used in a local social media post might have a different fee than one used in a national advertising campaign.

 

Why Does Licensing Matter?

Photography licensing ensures fairness for both the photographer and the client:

  • For Photographers: Licensing provides a way to control how their work is used and to earn revenue based on the value of their creativity.
  • For Clients: A proper license ensures legal use, protects businesses from copyright infringement claims, and promotes trust and professionalism in their relationships with creatives.

 

Common Misconceptions About Photo Licensing

  1. "If I Paid for the Photos, I Own Them."
    Payment for a photography session typically covers the service and delivery of the images, not their ownership. The photographer retains the copyright unless explicitly transferred in writing.
  2. "Photos Without Watermarks Are Free to Use."
    The absence of a watermark or photo credit doesn’t mean an image is free to use. Copyright law still applies.
  3. "Credit or Tags Are Enough."
    While giving credit to a photographer is courteous, it doesn’t replace the need for a proper license or written permission for commercial use.
  4. "I Can Use Photos of My Own Work Freely."
    Just because an image features your design, product, or project doesn’t automatically grant you the right to use or distribute it. Permission from the copyright holder (the photographer) is still required.

 

Consequences of Misusing Photos

Using photos without a proper license is a violation of copyright law, known as copyright infringement. This can lead to serious consequences, including:

  • Financial Penalties: Infringement cases can cost businesses thousands of dollars.
  • Reputational Damage: Legal disputes can harm a business’s public image.
  • Legal Action: Photographers have the right to seek compensation for unauthorized use of their work.

 

How to Use Images Legally

  1. Always Get Written Permission: Before using any photo, ensure you have clear, written permission from the copyright holder.
  2. Understand the License Terms: Know what the license allows—specific uses, duration, and any restrictions.
  3. Respect the Photographer’s Rights: If third parties want to use the images, direct them to the photographer to obtain a license.

 

Final Thoughts for Businesses

Photography licensing is not just a legal necessity—it’s a way to foster trust and respect between businesses and creatives. By understanding and adhering to licensing principles, you can confidently use images while supporting photographers’ livelihoods.

If you’re ever unsure, ask yourself this question: Do I have clear, written permission from the photographer to use this image for my intended purpose? If the answer is no, take the time to get it.

 

 

TERMS OF SERVICE

Densley Film & Photo | A DBA of this is Kaizen, LLC

Last Updated: March 2026

This Photography Services Agreement (the "Agreement") is entered into for each individual project at the time of booking between Densley Film & Photo, a registered DBA of this is Kaizen, LLC ("Company") and the client submitting the booking request ("Client"). By booking with Densley Film & Photo, Client agrees to be bound by the terms outlined herein.

1. SERVICES

Company is engaged to perform professional photography and related media production services as outlined in the project invoice. Densley Film & Photo commits to delivering all work in accordance with applicable industry standards, and with a commitment to creative quality and professional integrity.

2. INDEPENDENT CONTRACTOR

Company operates as an independent business entity and is not an employee, agent, or partner of Client. Both parties maintain their own separate business operations, tax obligations, licenses, and insurance. Client may not direct the methods or processes Company uses to complete the work. Company retains the right to accept or decline any project request and may work with other clients freely.

3. NO AUTHORITY

Neither party has the authority to enter into agreements, incur obligations, or make representations on behalf of the other party without prior written consent.

4. JOB SITE REQUIREMENTS

Client is responsible for ensuring the property is fully prepared prior to the scheduled shoot time. Company documents properties in their existing condition and is not responsible for staging, cleaning, or repositioning items. The following conditions apply:

  • The property must be shoot-ready at the confirmed start time. If delays caused by other vendors, cleaners, or occupants prevent timely access, Company reserves the right to reschedule. Additional fees may apply.
  • Company personnel will not move furniture, fixtures, or dĂ©cor, and will not perform cleaning services.
  • Client must ensure the job site is free of safety hazards. Company may cancel or reschedule if conditions are deemed unsafe.
  • Pets should be secured or removed prior to the shoot out of consideration for potential allergies among Company staff.
  • Standard shoots capture primary living and functional spaces. If Client wishes to include utility rooms, storage areas, or closets, this must be communicated before the shoot begins.

5. COMPENSATION AND PAYMENT TERMS

Payment is required upon delivery of watermarked images. The download link to final media will be provided once payment has been completed in full.

6. LATE FEES

Unpaid invoices will accrue a late fee of 10% of the outstanding balance for every 30 days past due. Company reserves the right to contact Client's broker, manager, or employer to follow up on outstanding balances. Licenses granted under this Agreement may be suspended at Company's discretion for invoices overdue by more than 90 days.

7. MINIMUM TRIP CHARGE

A minimum trip charge of $95 applies for any appointment requiring travel.

8. ADDITIONAL TIME CHARGE

If additional time is needed at the shoot due to client requests, property readiness, or unforeseen delays, extra time will be billed at $100 per hour.

9. TRAVEL CHARGE

Travel beyond the included free service area is billed at $100 per hour of travel time. Company will notify Client in advance if a travel charge applies. Client reserves the right to cancel without penalty upon notification of a travel charge.

10. SCHEDULING

Company will confirm all scheduled shoots via a digital calendar invitation during standard business hours, Monday through Friday. Weekend availability may be accommodated upon request and is subject to an additional fee, which will be disclosed at the time of scheduling.

11. CANCELLATION AND RESCHEDULING

Client must provide at least 36 hours advance notice for any cancellation or rescheduling request. The following fees apply:

  • Cancellations or reschedules within 36 hours are subject to a $95 fee or 35% of the total shoot charge, whichever is greater.
  • If the photographer arrives on-site and is unable to complete the shoot due to property readiness or access issues, a fee of $125 or 50% of the shoot charge, whichever is greater, will apply.

12. WEATHER POLICY

Company will arrive on-site at the scheduled time regardless of weather conditions unless it is deemed unsafe to do so. Clients may reschedule due to weather at no charge with at least 24 hours notice. If unexpected weather arises on the day of the shoot, Company may use its discretion to proceed with a partial shoot, postpone, or reschedule. Company reserves final authority on all safety determinations.

13. RESHOOT POLICY

Reshoot requests based on Client preference are subject to an hourly rate of $150 per crew member. Reshoots required due to a verified technical error on Company's part may be conducted at no additional charge, at Company's discretion. All reshoots are subject to availability on a first-come, first-served basis.

14. PRODUCTION AND TURNAROUND TIMELINE

Typical on-site production requires 1–4 hours depending on the scope of services. Standard delivery timelines are as follows:

  • 24 hours: All standard photo products from the end of the shoot
  • 72 hours: Luxury photo products and all video products from the end of the shoot
  • Variable: Rush editing, commercial production, and specialty requests

Rush editing services are available for an additional fee and must be requested at the time of booking.

15. REVISIONS POLICY

All products include one complimentary round of revisions unless otherwise specified. Revision requests must be submitted within 2 business days of initial delivery. Major revisions such as item removal, virtual staging, renovations, or significant retouching are available for an additional charge. Projects with no client communication within 2 business days of delivery will be considered complete and closed.

16. DISCOUNT TERMS

The following discounts are available to qualifying clients:

  • 15% Discount: Applied when the property is fully ready to shoot, no one will be on-site during the appointment, and the property is available at any time during the scheduled day.
  • 25% Discount: Applied when the property is fully ready to shoot, no one will be on-site during the appointment, and the property is available at any time within three days of the originally scheduled date.
  • Volume Discounts: Available to clients who complete high volumes of shoots or reach defined annual spend thresholds. Contact us to discuss eligibility.

17. PROPERTY SAFETY AND CONDITION

Client is responsible for ensuring the property is safe, clean, and ready for photography. Company is not responsible for moving, cleaning, staging, or securing any items on-site. While Company takes every precaution during shoots, Client agrees to hold Company harmless for any minor incidental damage such as scuffs, scratches, or accidents unless caused by gross negligence on Company's part.

18. DRONE AND AERIAL PHOTOGRAPHY

If drone services are requested, Client accepts all responsibility for compliance with local laws and regulations and releases Company from liability relating to drone operations, including but not limited to property damage or regulatory violations.

19. FORCE MAJEURE

Company is not liable for delays, cancellations, or loss of services due to acts of God, severe weather, illness, equipment failure, or other unforeseen circumstances beyond Company's reasonable control.

20. INTELLECTUAL PROPERTY

All photographs, video footage, and other media produced by Company remain the exclusive intellectual property of Densley Film & Photo. Company reserves the right to use any produced content for portfolio, marketing, and promotional purposes. Client may request removal of content that features their name, logo, or identifiable likeness. Raw files and unedited source materials are not included in deliverables and remain the sole property of Company.

21. LICENSE GRANT

Upon receipt of full payment, Company grants Client a non-exclusive, non-transferable, limited license to use the final delivered media for marketing and promotional purposes related to their business. This includes use across social media platforms, websites, MLS listings, and print materials. This license does not transfer copyright or grant ownership of the underlying intellectual property.

22. USE LIMITATIONS

Client may not alter, resell, sublicense, or use deliverables for direct commercial resale without written approval from Company. Third parties such as home sellers, stagers, or builders who wish to use the media independently must obtain a separate license from Company.

23. MEDIA AND LOCATION RELEASE

Client grants Company permission to use produced media for promotional and portfolio purposes, provided such use does not include Client's identifiable name, likeness, or logo without consent. Client is responsible for obtaining any necessary permissions from property owners, tenants, or neighboring parties prior to the scheduled shoot date.

24. SMS COMMUNICATIONS

By providing your phone number and submitting a booking form or inquiry, you expressly consent to receive SMS text messages from Densley Film & Photo at the number provided. Messages may include:

  • Booking confirmations and appointment reminders
  • Photo gallery delivery notifications
  • Service updates and project status communications
  • Promotional offers and marketing messages

Message frequency varies. Msg & data rates may apply. Mobile carriers are not liable for delayed or undelivered messages.

Our SMS program is intended for individuals 18 years of age or older.

To opt out: Text STOP to any message at any time. You will receive one final confirmation and no further messages will be sent.

For support: Text HELP, call us at 385.334.4844, or email us at team@densleyfilmandphoto.com.

Densley Film & Photo does not sell or share your phone number with third parties for their marketing purposes. Your contact information is used solely to communicate with you about our services. Consent to receive SMS messages is not a condition of purchase.

For more information on how we handle your data, please review our Privacy Policy.

25. DISPUTE RESOLUTION

In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation within 30 days of written notice. If negotiation fails, the parties agree to pursue mediation before initiating any legal action. Any unresolved disputes shall be settled through binding arbitration in accordance with the rules of the American Arbitration Association. The prevailing party shall be entitled to recover reasonable attorney's fees and costs.

26. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Utah. Any legal proceedings arising from this Agreement shall take place within the State of Utah.

27. AMENDMENTS

This Agreement may only be amended by a written document signed by authorized representatives of both parties.

28. ENTIRE AGREEMENT

This Agreement represents the complete understanding between the parties and supersedes all prior communications, negotiations, or representations. If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.