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The Real Estate Photography License agreement is designed for use in New Zealand when engaging professional photography services for real estate marketing purposes. This document becomes necessary when real estate agencies or individual agents require professional photographs of properties for marketing and sales purposes, while photographers need to protect their intellectual property rights. The agreement covers essential aspects such as copyright ownership, usage rights, service specifications, and payment terms, all while ensuring compliance with New Zealand legislation including the Copyright Act 1994, Privacy Act 2020, and Real Estate Agents Act 2008. It serves as a crucial tool for establishing clear expectations and legal protections for both photographers and real estate professionals, particularly important in today's digital age where image usage and rights management are increasingly complex.

1. Parties: Identifies the photographer (Licensor) and the real estate agent/agency or property owner (Licensee)

2. Background: Establishes the context: photographer's ownership of images and licensee's desire to use them for real estate marketing

3. Definitions: Defines key terms including Licensed Images, Property, Usage Rights, Territory, and Term

4. Scope of Services: Details the photography services to be provided, including number of images, property coverage, and delivery format

5. License Grant: Specifies the terms of the license, including usage rights, restrictions, and duration

6. Payment Terms: Outlines fees, payment schedule, and any additional charges

7. Photographer's Obligations: Lists the photographer's responsibilities, including quality standards and delivery timeframes

8. Licensee's Obligations: Specifies licensee's responsibilities including property access, preparation, and usage compliance

9. Copyright and Ownership: Confirms photographer's retention of copyright and specific rights granted to licensee

10. Usage Restrictions: Details limitations on how images can be used, modified, or shared

11. Term and Termination: Specifies duration of license and conditions for termination

12. Warranties and Indemnities: Includes standard warranties and indemnification provisions

13. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment