Terms of Use

General

For the best chance of getting your preferred time slot we strongly suggest reaching out to us 3-4 days prior to that date (more during the peak season). Last minute requests will be addressed individually.

Booking is easy, just fill this form. Please include the desirated date, the listing address and any other important information.

After both parties have agreed on date and time, the appointment will be considered "booked". 

Photography and floor plan orders include up to approx 1 hour total travel time from our office in Newton, MA. Our standard service area is a 40 miles round trip from Newton MA after which we charge a Travel Fee.

Please check our coverage map

We completely understand that sometimes, things just come up that nobody can foresee. If you need to reschedule or cancel your appointment, please do so a minimum of 24 hours prior to your appointment. Call us so we can work with you to reschedule your session. We have voicemail available 24 hours a day on which you may leave your appointment cancellation notice.

Late beyond 30 minutes to an appointment will be considered a no-show - Full rate + travel fees (since I might not have enough time to shoot the property before I need to move on to the next job or have the sun go down.)
No-show – Full rate + travel fees

Every effort will be made to accommodate rescheduling but cancel fees must be paid in full before new date will be scheduled.

Of course! For an additional fee we will come back and provide 5-10 images of the exteriors.

As we're shooting, we make reasonable effort to make a room look “magazine ready”, which includes remove small, stray objects from the rooms; however, please note that this does not include tasks like making beds, cleaning, dusting, moving large or heavy items, or arranging furniture. The photographer will at his discretion, adjust blinds, shades curtains, or turn on or off lights as deemed necessary.

Be sure to read the home prep guide prior to the photographer's arrival so that the best possible photos can be captured.

Due to liability of potentially damaging furniture, flooring, walls, decor, etc, I do not move furniture, treadmills, kitchen appliances, dog crates, etc. I also do not touch bathroom supplies so please be sure your client has removed all personal hygiene items from showers and bathtubs.

Agents and/or homeowners are expected to have the property cleaned and staged prior to the photo shoot. If the property is not ready to be photographed you should make every effort to reschedule 24 hours prior to the shoot.

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Cancellation with more than 24 hour notice - no fee

Cancellation with less than 24 hour notice - $75 fees
Cancellation within 2 hours of the scheduled time - $150 + travel fees
Late beyond 30 minutes or no show - Full rate + travel fees

Inclement weather means heavy precipitation in the air (cloudy skies aren’t considered inclement weather). This includes rain, snow, sleet, or heavy mist.

2 possibilities:

1/If we know in advance about potential heavy rain or snow, we can attempt to reschedule or rearrange things before the 24h notice shoot.

There's no fees for cancellation with more than 24 hour notice

2/Keep the photo shoot anyway

If you decide to keep the photo shoot anyway and we can not shoot exterior photos, we'll shoot the interior only. We'll schedule as soon as possible a return shoot.

The Inclement Weather Return fee is $30 + travel fee.

We charge this minimal amount out of courtesy to both our clients and photographers.

If conditions are dangerous for the photographers to drive, we may call clients to cancel the shoots in the interest of everyone’s safety. Obviously, there is no charge to anyone under these conditions.

Yes. My process, using wireless flashes, for lighting the interior allows me to expose for the exterior of a window so that you don’t see those “blown-out” highlights that often occur with improper lighting or others techniques. It ensures you will have gorgeous images of the interiors with balanced and dramatic views through the windows of the outdoor vistas.

HDR stands for “High Dynamic Range” and it is an often overused process that involves blending multiple exposures together to show all of the darkest shadows and brightest highlights in one photo.

Occasionally when shooting a very small space, basement, or closet, utilizing HDR can work well. Although this can save a bit of time in certain instances, this may have an effect on the final quality.

Yes, we can definitely add a blue sky drop-in, regardless of the time of the day the image was photographed. There is an additional charge.

For each image I'm seeking the magazine quality so all your images are edited. I use Adobe Lightroom and Adobe Photoshop to edit my all my images. Editing consits to control the exposure (lightness and darkness), the clarity, color fidelity and controlling the perspective, of each image by hand, blending ambiant et flashs images is the final step, It is a very time-consuming process that ensure the image qulaity.

We pride ourselves on not misrepresenting a property. There are a number of ethical and legal issues at play here. Buyers expect the photographs of a listing to be an accurate representation of the property. Following MLS regulations, I am not willing to misrepresent the true appearance of the property, therefore I will not photoshop out what may be conceived as a ‘defect’ of the property. 

The client, homeowner or authorized representive should be present during the photo shoot. Your input is important when choosing any specific views, angles, or details you want to ensure are captured, your participation is the only way to make sure you get exactly what you want.

If the client or representative are not available, it's understood that without your input, we will photograph the property using our experience and judgment. 

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Payment is due in full at time of the order or of the photo session.

Unless you are an established client, payment is required before the images will be delivered. If payment arrangements for regular clients have previously been made, a statement will be emailed. In that case, full payment is expected in 7 days.

We accept all major credit cards including American Express via Square. PayPal payment, cash and checks are also possible. Unwatermarked photos will not be released until full payment has been cleared.

A fee of $35 is charged for checks returned for insufficient funds.

We can split payment between two agents listing a property together. Please let us know when you schedule your appointment. 

Real Estate Clients:
The images from Real Estate photography shoots photos are guaranteed to be delivered within 24-48 hours. Some services (floor plans, video) may require additional time. We will always be in constant contact with you in order to meet your expectations.

If there is an absolute rush, Rush Delivery is available for a nominal fee of $50. This guarantees delivery of files on the SAME DAY of your scheduled session, by 8:00pm. Rush Delivery is only available for photography services at this time.

For shoots done on Friday I garantee the same turn-around time, you will receive them within 24 hours from the end of your shoot.

For shoots done on Saturday, you will receive them Monday by noon.

Photographer may select delivery of photographs in JPEG, TIFF, PNG, or other standard format, at a resolution that Photographer determines will be suitable for the Photos as licensed. It is the Client's responsibility to verify that the Photos are suitable for reproduction and that if the Photos are not deemed suitable, to notify the Photographer with five (5) business days. Photographer’s sole obligation will be to replace the Photos at a suitable resolution but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages.

Unless otherwise specifically provided, Photographer is not responsible to provide images : 1. larger than 8”x10” at 300 dpi 2. in a format higher than 8-bit or in RAW format.

Photographer has no obligation to retain or archive any Photos delivered to Client.

Commercial Projects:
Depending on the project and how much post-production and retouching is required, your images will be sent to you within 3-5 days after the day of your photography.

After finishing is complete, the photos will be sent to you electronically via email in JPEG format. You will be directed to Google Drive, Smash, wetransfer, etc.. link where you will find two sets of images: one set specifically sized for the MLS, and a second set that is meant for high resolution viewing on the web and for printing advertising (newspapers, magazines, flyers, etc).

Prices are for Realtors and Commercial business only. Due to the nature of FSBO (for sale by owner) we require additional charges & terms and cash or credit card payment on arrival only (no checks).

Travel beyond our normal area (20 miles) require additional travel charges. You can check these additional charges on our Service Area Page. It’s charged for each property regardless of the proximity of multiple properties shot during a single day. In any case we will let you know at the time of the shoot what those additional charges will be if any.

The prices quoted are for homes properly staged and set for the photographer prior to the photographer arriving on site. 

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Licence

As the photographer and creator of the images, I own and retain the copyright to all images produced and I maintain the right to use the photographs to promote my business as a real estate photographer.. Full image rights are not sold or granted, clients only receive licenses.

A real estate photography usage license is provided upon payment with all properties to be used :

1. According to local MLS rules

2. For the life of the current listing (until the property is either sold or goes off the market)

3. For any purpose linked with the marketing of the property in question.

4. By the original agent/client ONLY who paid for the service has permission to use the images on any electronic or printed form of advertisement for the promotion of that property

The license is non-exclusive and non-transferrable to third parties without my permission, which means you are not permitted to give the images to another party not in connection with the marketing of the property. If the designer, builder, stager, architect, homeowner or anyone else involved in the project wants to use the photos, please simply refer them to me.

They may NOT be used by another agent if listing agreement has expired and has been acquired by another brokerage – a usage license must be purchased. You may not sell or license the images to a third party.

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 us but do not make alterations as this is a violation of copyright.

I 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 sale of the property.

Other terms and Conditiond

Emotion and Light ("us", "we", or "our") operates the https://www.emotionandlight.com/ website (hereinafter referred to as the "Service").

By using our site, you consent to our website's privacy policy.

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data. Our Privacy Policy for Emotion and Light is based on the Privacy Policy Template from Privacy Policies.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://www.emotionandlight.com/

This Web site, www.emotionandlight.com, is owned and operated by Emotion and Light and may revise Terms of Service without prior notice. 

1. Materials on Emotion and Light shall constitute and be defined as any files, images, animations, photographs, or text available on https://www.emotionandlight.com.

2. All Materials downloaded or provided from/by Emotion and Light is licensed to you by Emotion and Light. Downloading these Materials does not transfer any title from these Materials to you, or any intellectual property rights therein to you.

3. You may under no circumstances redistribute or sell this content at any time, and it is illegal to duplicate, download, or distribute any Materials from Emotion and Light except for your use, which is subject to the Usage Guidelines.

4. The design and layout, as well as all Materials provided on the Site, or of any other website owned, operated, licensed, or controlled by or associated with Emotion and Light, is protected by the United States and International law and other intellectual property proprietary rights and may not be copied or imitate in whole or in part.

Except as provided in the end user license agreement, if any, that is attached to the site, Emotion and Light makes no representation or warranty with respect to any product or the related documentation and to the extent permitted under applicable law the site is delivered “as is.” the warranty stated herein is expressly in lieu of all other warranties, express or implied, including but not limited to any express or implied warranty of accuracy, correctness, reliability, merchantability for a particular purpose, and non-infringement, and such warranty constitutes the only warranty made by Emotion and Light with respect to the site, content and materials. Emotion and Light does not warrant that the content or functions contained in the site will be free from errors, interruptions, omissions, defects, viruses, or other damaging elements, or that Emotion and Light will correct any errors, omissions or defects. You assume the cost of service, repairs or corrections to your hardware, software or other equipment. in no event will Emotion and Light or any of its affiliates, officers, directors, employees, licensers, suppliers or distributors be liable for any indirect, special, incidental, economic, or consequential damages arising out of the use or inability to use the site or materials, even if Emotion and Light has been advised of the possibility of such damages. in no event will liability of Emotion and Light or any of its affiliates, officers, directors, employees, licensers, suppliers or distributors exceed the amount paid by you, if any, for accessing or using this site, or purchasing or downloading products from this site. because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. These Terms of Use contain the entire understanding of the parties here relating to any use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use. Emotion and Light reserves the right to modify or terminate these Terms of Use without notice, if, in Emotion and Light sole discretion, you fail to comply with any term of these Terms of Use. Upon termination, you must destroy all materials obtained from this Site, copies and related documentation thereof. In addition, EmotionAndLight reserves the right to terminate this Site without notice.

Licence

This Photographer Licensing Agreement (the “AGREEMENT”) is entered into effect upon delivery of the Photos between Emotion and Light (“PHOTOGRAPHER”) and you (“CLIENT”). All references to the Client in this Agreement shall include Client’s parent companies, affiliates, and subsidiaries. Downloading and/or use of the Photos signifies the Client accepts this Agreement.

Scope of this Agreement: This Agreement applies to any photograph, graphics, digital assets, or digital images created or taken by Photographer and delivered to the Client (collectively known as “PHOTOS”). This Agreement governs the relationship between the parties and in no event shall any e-mail communication or other exchange, amend or otherwise modify the terms of this Agreement unless agreed to in writing.

We may also collect information on how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

The parties agree that Photographer is an independent contractor, and that neither Photographer, nor Photographer’s employees or contract personnel are, or shall be deemed to be, employees of Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Photographer and the Photos or any other deliverables prepared by Photographer shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.

The manner and method of creating any Photographs is solely at the discretion of Photographer and the Client has no right to control Photographer’s manner and method of performance under this Agreement. Photographer will use his best efforts to: (a) ensure that the Photos conform to Client’s specifications; and (b) submit all Photos to Client in publishable quality, on or before the applicable deadlines.

As the photographer and creator of the images, I own and retain the copyright to all images produced and I maintain the right to use the photographs to promote my business as a real estate photographer.. Full image rights are not sold or granted, clients only receive licenses.

A real estate photography usage license is provided upon payment with all properties to be used according to local MLS rules for the life of the current listing which enables you to use the images for any purpose linked with the marketing of the property in question.

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 of that property: these usage rights include use in a brochure, on a web site, in print advertising, or in a newsletter. Images may also be used on the Realtor website, social media channels and/or print advertising for self-promotion and marketing purposes.

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 Emotion and Light, but do not make alterations as this is a violation of copyright.

I 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 sale of the property.

The license is non-exclusive and non-transferrable to third parties without my permission, which means you are not permitted to give the images to another party not in connection with the marketing of the property. If the designer, builder, stager, architect, homeowner or anyone else involved in the project wants to use the photos, please simply refer them to me.

They may NOT be used by another agent if listing agreement has expired and has been acquired by another brokerage – a usage license must be purchased, which is less than the cost of a photo shoot. You may not sell or license the images to a third party.

The images you purchase are non-transferable and cannot be given away, bartered or sold. The client who pays for the images is the only one who has the rights to use the images. For example, a realtor pays for images but cannot give those images to the builder, designer, remodeler, stager, etc. of that property photographed.

For Realtors:
A usage license is granted to the individual agent or agent’s broker to use the images without restriction during the marketing and sale of the property. Tthe real estate agent or client is granted Temporary Usage Rights to use those images until the property is either sold or goes off the market. Once it has been sold, if you want to continue using the images for your marketing purposes you must purchase permanent usage rights. The amount you have already paid for each photo will be credited towards you purchase, and you can purchase usage rights for as many photos as you would like. It’s a common misconception that realtors will own the images after the shoot.

For Commercial Projects:
Commercial usage licensing is determined per-project and the ultimate usage of the images. I use Cradoc software (an industry standard software) to determine the value of the image licensing. The value fee of licensing is predicated upon usage: Print: local, regional, national, international; billboard; web usage; Magazine print, size of magazine advertisement, half page, full page, double-truck, and print locale as stated earlier. Commercial licensing is based on length of time: 1-5 years and an option for a full buy out.

This Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Photographer, and Photographer shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by Photographer.

Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Photos or materials furnished by Client. It is the Client's responsibility to obtain the necessary model or property releases are ensure they are full effect and in force.

This Agreement sets forth the entire understanding and agreement of the parties, and supersedes any and all prior agreements between the parties. This Agreement shall be governed and interpreted and enforced in accordance with the laws of the State of Massachusetts. Any claim or litigation arising out of this Agreement or its performance may be maintained only in courts physically located in Newton County Massachusetts, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties.

If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

No action of either party, other than express written waiver, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such rights or remedies will not preclude further exercise of other rights or remedy.

Client may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties. However, the invoice may reflect, and Client is bound by authorizations that could not be confirmed in writing because of insufficient time or other practical considerations.

Information Collection And Use

We collect several different types of information for various purposes to provide and improve our Service to you.
We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form.You may, however, visit our site anonymously.

Types of data collected

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

Email address
First name and last name
Phone number
Address, State, Province, ZIP/Postal code, City
Credit card information
Cookies and Usage Data

We may also collect information on how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service. You can learn more how to manage cookies in the Browser Cookies Guide.

We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders by contacting customer service.

Examples of Cookies we use:

Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.

Emotion and Light uses the collected data for various purposes:

To provide and maintain the Service
To personalize your experience (your information helps us to better respond to your individual needs)
To notify you about changes to our Service
To allow you to participate in interactive features of our Service when you choose to do so
To provide customer care and support
To provide analysis or valuable information so that we can improve the Service
To monitor the usage of the Service
To detect, prevent and address technical issues
To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
To process transactions (your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested)
To send periodic emails

The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions.

Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Emotion and Light will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Legal Requirements

Emotion and Light may disclose your Personal Data in the good faith belief that such action is necessary to:

To comply with a legal obligation
To protect and defend the rights or property of Emotion and Light
To prevent or investigate possible wrongdoing in connection with the Service
To protect the personal safety of users of the Service or the public
To protect against legal liability

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Privacy

Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact us

781-474-2122

Find beauty in the ordinary