PRODUCT AGREEMENT
Clearviews Digital Media Licensing Agreement
This Licensing Agreement (the "AGREEMENT") is entered into and effective on the date of payment between Clearviews ("PHOTOGRAPHER") and the client named in this invoice ("CLIENT"). All references to the Client in this Agreement shall include the Client’s parent companies, affiliates, and subsidiaries.
Scope of This Agreement
This Agreement applies to any photography, videography, floor plans, graphics, or digital assets created by Clearviews and delivered to the Client (collectively known as "PRODUCTS") for the property address listed in the invoice ("PROPERTY"). This Agreement governs the relationship between the parties and supersedes any verbal communication, unless amended in writing and signed by both parties.
Rights & Usage
All rights, including copyright, remain the sole property of Clearviews. The Client receives a limited license to use the PRODUCTS solely for marketing and promoting the PROPERTY during its active listing period, for up to one (1) year from the date of delivery or until the property is sold or the listing agreement ends—whichever comes first.
PRODUCTS may be posted to MLS, social media, websites, or other marketing platforms, but may not be reused for future listings, personal branding, or resale without written permission and additional licensing fees.
Use beyond the terms of this Agreement without permission is a copyright violation and may incur penalties.
Copyright Notice & Metadata
PRODUCTS may include copyright information either visibly or embedded in the file metadata. Removing or altering this information is strictly prohibited under Canadian copyright law and the Digital Millennium Copyright Act (DMCA).
Photographer’s Role
Clearviews operates as an Independent Contractor. No employee-employer relationship is implied. Clearviews controls the creative direction, method, and execution of the services provided.
Creation & Delivery
Clearviews will deliver PRODUCTS in a standard format (e.g. JPEG for photos, MP4 for video) at a resolution suitable for online and print use. Typical specs include:
Photos: up to 4500px on long edge, 300 DPI
Videos: up to 1080p unless otherwise specified
Clearviews is not responsible for storing or archiving media after delivery. Clients should download and back up all files within 10 business days.
No Exclusivity
This Agreement is non-exclusive. Both Client and Photographer may work with other parties freely.
Assignment & Transfer
The license granted is non-transferable. Clients may not assign rights or re-license images to third parties (e.g. contractors, stagers, or other agents) without written permission.
Indemnification
Client agrees to indemnify Clearviews against any legal claims or damages resulting from misuse of PRODUCTS or materials provided by Client.
Governing Law
This Agreement shall be governed by the laws of Ontario, Canada. Any disputes shall be resolved through mediation or binding arbitration in the Durham Region, unless otherwise agreed.
Severability & Waiver
If any clause of this Agreement is found unenforceable, the rest shall remain in effect. No waiver of rights will be valid unless made in writing and signed by both parties.
Fees & Payment
Payment is due within ten (10) business days of delivery. If unpaid after thirty (30) days, Clearviews may revoke usage rights and charge a late fee. If rights are revoked, all PRODUCTS must be removed from marketing platforms within ten (10) days and confirmed in writing.
Contact
Clearviews Media
contact@clearviewsmedia.com
www.clearviewsmedia.com