Thank you so much for considering Bend real estate photographer Wasim Muklashy. We feel it is important that both parties know exactly what to expect prior to working together in order to ensure a mutually beneficial working relationship with each other. Below are the terms of service for Pro Property Photos and Wasim Muklashy Photography.
Terms of Service
Last updated: August 4, 2026
In these terms, “Photographer” means Pro Property Photos and Wasim Muklashy Photography. “Client” means the person or entity who books, and is invoiced for, a shoot. “Property” means the property photographed under that booking. “Photographs” means the images and other media captured or produced by Photographer under that booking. These terms may be updated from time to time; the version in effect on the date of your shoot governs that booking.
1. Description of Service
Photography, Virtual Tour Services, and Google MyBusiness Listing Optimization Services
2. Copyright & Licensing
Photographer retains all right, title, and interest in and to the copyright of the Photographs. Client shall not alter or modify the Photographs in a way that removes or obscures any copyright or other intellectual property notices contained therein. Unless alternate terms are mutually agreed to prior to shoot, upon Client payment of balance owed to Photographer within 30 days of invoice date for services rendered, Photographer grants to Client a non-exclusive, limited license to use, reproduce, display, distribute, and modify the Photographs solely for the purpose of marketing and promoting the Property for sale or lease under original agreement. Client shall not use the Photographs for any purpose other than marketing and promoting the Property under original intent at time of shoot. Client shall not grant any sub-licenses to use the Photographs.
For regular short term rental (STR) or MLS listing photos, extended usage rights may be purchased by the original Client, or a representative of the original Client, at 50% of Photographer’s current session rate for a property of that size. Full copyright transfer may be purchased by the original Client, or a representative of the original Client, at 150% of Photographer’s current session rate for a property of that size, $350 minimum. In the case of a full copyright transfer, Photographer retains in all cases a perpetual, non-exclusive, royalty-free right to display the Photographs in Photographer’s portfolio, website, printed materials, and social media accounts. If photos are being used for commercial purposes outside of STR or MLS listing (i.e. publications, advertisements, etc), rates will be negotiated on a case-by-case basis based on distribution channels, audience and particular commercial uses.
Architecture, Commercial and Interior Design photos can only be transferred if approved by original Client and rates are to be negotiated on a case-by-case basis based on distribution channels, audience and particular commercial uses.
2.1 Transferability
The license granted above is personal to the original Client, limited to the original marketing purpose, and non-transferable. It does not run with the Property. A subsequent owner, buyer, seller, listing agent, brokerage, property manager, short term rental host, builder, or designer who was not the original Client acquires no rights to the Photographs by purchasing, listing, occupying, or marketing the Property, and the original Client may not assign, resell, or sub-license the Photographs to any such party.
2.2 Licensing to a Party Other Than the Original Client
Photographer retains copyright in all Photographs and may, at Photographer’s sole discretion, license existing images to a party other than the original Client. Such requests are subject to: (a) Availability — Photographer archives images for up to two (2) years from the date of the shoot and makes no guarantee that images from any prior shoot remain available, nor any obligation to retain or restore archived files; (b) Prior transfer — where full copyright in the Photographs was previously purchased by the original Client, Photographer no longer holds the rights to license them and the requesting party must seek permission from that owner; (c) Accuracy — Photographer may decline to license images that no longer reasonably represent the Property’s current condition.
2.3 Third Party License Fees
Fees for a party other than the original Client are based on Photographer’s rates in effect at the time of the request, not the original invoice:
- Resale or lease listing (MLS), one Property, one marketing campaign: 75% of Photographer’s current session rate for a property of that size, $175 minimum.
- Short term rental (STR) or ongoing hospitality marketing: 100% of Photographer’s current session rate for a property of that size.
- Commercial use outside of STR or MLS listing (i.e. publications, advertisements, etc): negotiated on a case-by-case basis based on distribution channels, audience and particular commercial uses.
- New shoot: if the requesting party books a new shoot of the Property with Photographer, the third party license fee for the prior images is reduced by 50%.
2.4 Unauthorized Use
Use, reproduction, display, or distribution of the Photographs by any party without a current license from Photographer will be invoiced at three (3) times the applicable license fee set out above, without prejudice to Photographer’s remedies under 17 U.S.C. § 501 et seq., including statutory damages, attorneys’ fees, and costs of enforcement.
3. Payment Terms
Payment is due in full by the due date stated on the invoice for photography services. A late fee of 10% of the invoice total will be applied to any invoice not paid within 7 days of the due date. We appreciate your prompt payment and strive to maintain a smooth working relationship.
Clients who have more than one late payment will be required to pay a 50% deposit prior to any future scheduled shoots, and Photographer may require payment in full prior to release of images on all future shoots.
Until payment is received in full, no license is granted under Section 2, and any use, display, or distribution of the Photographs — including on MLS, Zillow, or any other listing or marketing platform — is unlicensed and subject to Section 2.4.
4. Cancellations
If a scheduled shoot is cancelled by Client 48 hours or more before the agreed upon date and time, there is no charge. If a scheduled shoot is cancelled by Client between 24 and 48 hours before the agreed upon date and time, Client will be charged 25% of the agreed upon services. If a scheduled shoot is cancelled by Client less than 24 hours before the agreed upon date and time, Client will be charged 50% of the agreed upon services.
5. Refunds
Photographer will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied either in print or in electronic format, as Photographer cannot be held responsible for individual tastes or preferences. Any discretionary reimbursement is addressed under the goodwill refund policy in Section 6 below.
Should digital files be lost, damaged or destroyed, Photographer’s liability shall be limited to a refund of fees paid, but shall not include a refund for any goods already supplied or capable of supply at a quality deemed acceptable by Photographer.
No refund will be due for any digital files lost, damaged, or destroyed after 12 months from the date of the shoot.
6. Goodwill Refund Policy
“Goodwill” means Photographer is happy to offer partial reimbursement on a client by client basis. Under these terms Photographer is not legally obliged to offer a refund for matters such as images lost due to technical failure, the number of photographs received by the Client, and similar.
A “goodwill” gesture is at the sole discretion of Photographer.
If a “gesture of goodwill” is given, no further refund will be given for any subsequent complaints that occur, and no further claim will be considered.
Any complaints should first be raised by the Client with Photographer in writing no later than 21 days from the date of receipt of images.
7. Access to Photos
For any new clients (first shoot), release of final edited photos will be withheld until full payment is received and only watermarked copyrighted preview images will be provided prior.
8. Delivery Methods
Digital delivery via an online gallery link, or via Google Drive or Dropbox where preferred, unless otherwise arranged.
9. Expected Timeframes
Assets will be delivered 24-96 hours depending on services requested as detailed at www.ProPropertyPhotos.com/pricing.
Photographer will make reasonable efforts to hold onto a backup copy of the photos, media assets and all deliverables for up to two (2) years from date of photo shoot before reformatting the hard drives for re-use.
10. Force Majeure
Photographer shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature.
11. Limitation of Liability
The Client acknowledges and agrees that Photographer will not be liable for any losses or damages, whether indirect, incidental, special or consequential, in profits, goods or services, irrespective of whether or not the Client has been advised or otherwise might have anticipated the possibility of such loss or damage.
12. No Guarantee
The Client acknowledges and agrees that Photographer cannot guarantee the results or effectiveness of any of the services rendered or to be rendered. Rather, services shall be executed in a professional manner and in accordance with good industry practice. Best efforts will be used but no results are promised.
13. Governing Law
These terms are governed by the laws of the State of Oregon, without regard to its conflict of law provisions. Any dispute arising under these terms shall be brought exclusively in the state or federal courts located in Deschutes County, Oregon, and both parties consent to that jurisdiction.
14. Client Authority
Client represents and warrants that it has the right to permit photography of the Property and to grant Photographer access, and that any occupants have been informed. Client agrees to indemnify and hold Photographer harmless from any claim arising from a breach of this representation.
15. Weather & Airspace
Photographer or Client may reschedule a shoot for weather, smoke, or light conditions that would materially affect image quality, at no charge to either party; the cancellation fees in Section 4 do not apply. Where aerial work is included and FAA authorization or safe flying conditions are unavailable, the aerial portion will be rescheduled or deducted from the invoice.
You ready? Click here to contact your Bend real estate photographer Wasim!
Bend’s premier real estate photographer Wasim looks forward to helping you showcase your properties through photography, Zillow 3D Tours, Aerials and HD Video Virtual Tours.
Hello, I am Wasim. As your Bend real estate photographer, I’d love the opportunity to help you showcase your properties in the most attractive way possible. Book me through www.ProPropertyPhotos.com and I’ll give you 10% off and a Free Zillow 3D Tour for your first listing. In addition to being a Zillow Certified Photographer, Houzz Professional Photographer and Google Trusted Photographer, I currently run Pro Property Photos, my property and real estate photography studio that counts Airbnb and Trivago Hotel Group among its clients. We do virtual tours, photographs, and even Google MyBusiness optimization.
I am also a working nature, travel, & conservation photographer (www.byWasim.com), & co-founder of Superswell VR (www.SuperswellVR.com), a virtual reality studio specializing in immersive experiences for the outdoor & travel industries.
In addition to my photography work, I am a co-owner of Alpaca by Design, an alpaca products store in Sisters, Oregon, and co-founder of The Original Alpaca Picnic Experience (yup…a picnic…with alpacas…).
I also sit on the Steering Committee of Earth Day Oregon and spend whatever time I have left documenting our outdoor spaces and the endless wonders of Mother Earth.
Oh, and if you happen to have alpacas, check out his site PacaPics, the Nation’s Premier Alpaca Photographer.
Yup…that’s a thing…
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