BMK Images

Terms and Conditions

Copyright Notice:  Blake Kibbe (BMK Images) is the exclusive owner and copyright holder of all images, photos, videos, and media and logos. (For clarification the term ‘photo(s)’ and ‘image(s)’, henceforth, refers to all types of media produced by BMK Images. Full image rights are not sold or granted, clients only receive licenses. Licensing, which gives Permission of Use for a specific purpose, may be obtained for various applications, please refer to Photo Rights and Usage for Real Estate, Airbnb, and Commercial purposes listed below. Media cannot be used, shared or altered, except cropping, without expressed permission from BMK Images. Clients are not allowed to sell, lend, gift, license, rent, distribute, copy, reproduce, transmit, display, publish, edit, alter, modify or create secondary works of any media, or logos owned by BMK Images.

Payment: To assist with tight real estate timelines and since Permission of Use commences when payment is made, our payment policy is to request payment promptly upon receipt of invoice. This ensures Permission of Use is established, so media can be used with minimal delays.

Prompt payment of invoices is also expected as BMK Images does not require booking fees or a pre-shoot deposit in most circumstances.

Use of Photos without payment in full is a copyright infringement and the client will be asked to take photos down immediately from all sites. Failure to do so will result in legal action.

Failure to pay an invoice in full may result in a $25 or 2% fee assessed daily after 24hrs of initial receipt of invoice, whichever is greater. An invoice 30 days or more past the shoot date will result in legal action. BMK Images will not schedule a new shoot to any client who has an outstanding invoice. Monies generated through the unpaid and/or unauthorized use of Images will be subject to legal action by BMK Images.

Photo Rights and Usage for Real Estate Photography: The original agent/client who paid for the service has permission to use the images on any electronic or printed form of advertisement for the promotion for the sale of the property. The licensing agreement is valid only for the duration the home/property is listed for sale and cannot be reused for any other purpose without specific written permission from BMK Images. BMK Images must be made aware, credited, and compensated for any printed or digital publication/use where photos are not being used for the direct marketing for the sale of the property.

Image Licenses are not Transferable: Agents/clients may not sell, transfer, or gift any media for any reason to any third party, especially to another agent/owner who takes over an expired, withdrawn, or cancelled listing. These third parties also include sellers, builders, stagers, and any other contractors associated with the property or agent.

BMK Images reserves the right to re-license the photos at their sole discretion.

Failure to pay for the images in full will result in a copyright infringement/violation. You will be asked to remove the image from any electronic or printed form of advertisement within 24 hours. Failure to stop using media will result in legal action.

Once photos have been delivered, the agent and/or homeowner may not make any digital alterations, editing, or "photoshopping" to the photos unless to crop the images. If there is an issue or concern with editing or photos please contact BMK Images, but do not make alterations as this is a violation of copyright.

"Community shots" such as golf course, clubhouse, fitness centers, subdivision signs, etc., may be licensed in conjunction with property photos in order to market the listing.  BMK Images retains all rights to every photo and therefore these shots are stock images. Agents/clients who choose to purchase the community/amenity package may only use those images in conjunction with the designated property. Using the photos in other marketing or in conjunction with other properties, is prohibited unless additional licensing is purchased.

Photo Rights and Usage for long-term or short-term rental / Airbnb Photography: The original owner/client who paid for the service has permission to use the images on any electronic or printed form of advertisement for the promotion of the rental of that property. The licensing agreement is valid only for the duration the property/unit is listed for rent and cannot be reused for any other purpose without specific written permission from BMK Images. BMK Images must be made aware, credited, and compensated for any printed or digital publication/use where photos are not being used for the direct marketing of the rental of the property/unit.

Owner/client may not sell, transfer, or gift any images for any reason to any third party, especially to another owner or agent who takes over an expired, withdrawn, or cancelled rental listing. These third parties also include sellers, builders, stagers, and any other contractors or individuals associated with the property/unit or owner/agent. Image licenses are non-transferable.

BMK Images reserves the right to re-license photos at their sole discretion.

Failure to pay in full for the images will result in a copyright infringement/violation. You will be asked to remove the images from any electronic or printed form of advertisement within 24 hours of notice. Failure to stop using them will result in legal action.

Once photos have been delivered, the owner/client may not make any digital alterations, editing, or "photoshopping" to the photos unless to crop the images. If there is an issue or concern with editing of photos please contact BMK Images, but do not make alterations as this is a violation of copyright.

"Community shots" such as golf course, clubhouse, fitness centres, subdivision signs, etc., may be licensed in conjunction with property photos in order to market the rental listing.  BMK Images retains all rights to every photo and therefore these shots are stock images. Owners/clients who choose to purchase the community/amenity package may only use those images in conjunction with the designated rental property. Using the photos in other marketing or in conjunction with other properties/units, is prohibited unless additional licensing is purchased.

Photo Rights and Usage for Commercial purposes: The original client who paid for the service has permission to use the images on the specified electronic or printed form of advertisement for the specified promotion of that business/product/service. The licensing agreement is valid only for the duration in which the business/product/service is being marketed by the original agent/client, and cannot be reused for any other purpose, such as selling the business, without specific written permission from BMK Images. BMK Images must be made aware, credited, and compensated for any printed or digital publication/use where photos are not being used for the direct marketing of a business/product/service.

Clients may not sell, transfer, or gift any images for any reason to any third party, especially to another agent/owner/business. Image licenses are non-transferable.

BMK Images reserves the right to re-license the photos at their sole discretion.

Failure to pay for the images will result in a copyright infringement/violation. You will be asked to remove the image from any electronic or printed form of advertisement within 24 hours. Failure to stop using them will result in legal action.

Once photos have been delivered, the client may not make any digital alterations, editing, or "photoshopping" to the photos unless to crop the images. If there is an issue or concern with editing or photos please contact BMK Images, but do not make alterations as this is a violation of copyright.

"Community shots" such as public spaces and other attractions, may be licensed in conjunction with photos in order to market the business/product/service.  BMK Images retains all rights to every photo and therefore these shots are stock images. Agents/clients who choose to purchase the '“community shots” may only use those images in conjunction with the photos taken during the shoot. Using any photos in other marketing or in conjunction with other business/product/service, is prohibited unless additional licensing is purchased.

Expectations of Agent/Client/Owner: Agents/Client/Owner is expected to have the property/business/product ready/cleaned/staged prior to the photo shoot. If the site where the shoot is to take place is not ready to be photographed you should make every effort to reschedule 24 hours prior to the shoot. BMK Images is not responsible for staging, cleaning, decluttering, or landscaping. We are not a staging service, cleaning service, or a landscaper...we are a photography service. There will be a "staging/convenience fee" added if any of these are requested by the agent/client/owner and there is by no means an obligation by the photographer to do these actions. For your convenience, a Preparation Checklist is included at the end of this document.

Cancellation and Rescheduling Policy: By scheduling service you affirm that the property/site is ready for photos to be taken.  You also understand that we charge a $50 service fee when we must return to a property in which it is not our fault.  This includes, but is not limited to: property not ready, staging incomplete, construction, agent/owner not home, no key in lockbox, etc. This does include partial photo shoots where the exterior may not be ready or certain rooms are incomplete and the photographer is required to return.  We also understand things come up or may change but if a property is rescheduled or cancelled within 24 hours of the scheduled shoot time, there will be a $50 fee.  Any cancellation within 2 hours of the shoot or once the photographer has arrived will be subject to 100% of the package amount.

Weather Policy: We photograph in most weather conditions. In cases of severe weather such as high winds, etc., the client will be given the option to reschedule at no additional charge. However, the weather should be evaluated several days prior to the shoot to prevent any rescheduling. The weather policy does not cover rescheduling or cancelling under 24 hours due to cloudy weather or lack of sun.

Rush Policy: A minimum of 72 hours notice is recommended when scheduling for a property shoot. A request for photos to be completed and delivered in under 12 hours from time of shoot is subject to a $100 rush fee.

Photo Guarantee: BMK Images will make every effort to ensure the final images are of high quality and represent the property in the best way. Sometimes however, an agent/client/owner may feel these images do not meet those expectations. In this case, BMK Images will work closely with the agent/client/owner to correct the issue and photos. A reasonable amount of re-editing will be performed at no additional cost. If a return trip is requested due to issues in the photos regarding decluttering, additional photos not specifically requested prior to shoot, or other aspects that are not directly the responsibility of BMK Images, there will be a charge. A minimum reshoot fee of $100 will be charged to the agent/client, unless it is the direct responsibility of the photographer where then there will not be a charge (i.e. missing specific shot requested prior to shoot). Everyone has a different idea of their "best photo" but prior to hiring BMK Images please carefully review the portfolio as there will be no refunds issued to clients who are not happy with the "style" of photography. “Style” refers to image angles, colour, and any other visual aspect of the photo.

Delivery of Photos and Storage: For most standard real estate shoots, BMK Images guarantees a next business day turnaround time. Some photo shoots of larger properties or with extensive editing/special requests, such as luxury, twilight, and aerial videography may take up to 2 business day turnaround time. BMK Images will also maintain a photo backup and provide access to the completed images for up to 60 days after the photos are delivered to the client via download link. After 60 days, BMK Images cannot guarantee the photos will be available, however if they are, there will be a $50 retrieval fee if the client requests another copy. It is highly recommended to download the photos immediately after receiving the download link as this will ensure no future issues or retrieval fees.

Travel Surcharge: Properties outside of the Greater Muskoka Area may be subject to a minimum travel fee of $75 depending on distance. A larger travel surcharge will be assessed for properties significantly out of range. Properties in rural or remote areas may be subject to additional travel fees depending on the extent of the distance from a major paved roadway.

Right to Refuse: BMK Images reserves the right in its sole discretion to refuse service at any time for any reason. At any time, BMK Images can terminate the relationship with or fire a client for overdue invoices, poor communication, or unreasonable requests. BMK Images will not issue an appointment for a new shoot to any client with an outstanding invoice.

By visiting or using any website or services from BMK Images, you are agreeing to be bound by these terms and conditions. You are also acknowledging that such agreement constitutes a binding contract between you and BMK Images.

BMK Images retains the right to change pricing for services, and the above terms and conditions, at any time without notice.