Houzz Photoshoot Terms

Houzz will use commercially reasonable efforts to take, and make available to you, photos of your home renovation or design projects (“Houzz Photoshoot Photos”), subject to you being current on your payments for your Services under the Houzz Pro Services Terms & Conditions. If you schedule a photoshoot to have Houzz Photoshoot Photos taken (“Photoshoot”) or otherwise agree to these Houzz Photoshoot Terms, you are also agreeing to the Houzz Pro Services Terms & Conditions (“Pro Services Terms & Conditions”), which is incorporated by reference herein. All capitalised terms used but not defined herein shall have the definitions set forth in the Pro Services Agreement.

1. Homeowner Data. You understand and agree that to the extent you provide any personal data to Houzz of homeowners or other individuals to schedule a Photoshoot, you represent and warrant that you have all rights and permissions necessary to provide such information to Houzz for purposes of scheduling a Photoshoot and delivering the Houzz Photoshoot Photos to such homeowners or other individuals.
2. Proprietary Rights. You own all Houzz Photoshoot Photos. You acknowledge and agree that Houzz may upload your Houzz Photoshoot Photos to your Professional Profile. If your Houzz Photoshoot Photos are uploaded or submitted to the Houzz Platform by you or on your behalf (including by Houzz), you grant Houzz a licence to these Houzz Photoshoot Photos in accordance with the Houzz Terms of Use (which applies to any Houzz account) and the Houzz Pro Services Agreement (which applies to your Services), each of which are incorporated by reference herein.
3. Releases. You are responsible for obtaining all rights and clearances necessary for the Houzz Photoshoot Photos prior to the Photoshoot. For this purpose, prior to the Photoshoot, you must obtain from each person who will appear in the Houzz Photoshoot Photos a signed Authorization Form in the form provided in Exhibit A-1, and at Houzz’s request, you must provide a copy of an Authorisation Form for each such person. In connection with the Houzz Photoshoot Photos, you irrevocably grant to Houzz the right and permission to photograph, film, or otherwise record your name, voice, and likeness, as well as any home, business, real estate or personal property that you make accessible to Houzz. You also represent and warrant that you have all permissions and releases necessary to photograph at the location(s) designated for or otherwise appearing in the Houzz Photoshoot Photos and any persons, objects, goods, and products in such location appearing in the Houzz Photoshoot Photos.

By agreeing to these Houzz Photoshoot Terms, you represent that you have the authority to bind your business to, and your business is bound by, these Houzz Photoshoot Terms.

EXHIBIT A-1 PHOTOSHOOT AUTHORISATION 

In connection with the Photoshoot, I irrevocably grant to Houzz Inc., and its subsidiaries and affiliates, (collectively "Houzz") the right and permission to photograph, film, or otherwise record my name, voice, and likeness, as well as any home, business, real estate or personal property that I make accessible to Houzz, (collectively, such photographs, recordings and works, "Materials"). I acknowledge and agree that, as between Houzz and me, Houzz shall be the sole and exclusive owner of all rights in and to the Materials, including all copyrights. Further, to the extent permitted under applicable law, I waive, release, and covenant not to assert any moral rights that I may have in the Materials. I further authorise Houzz, its licensees and sublicensees, without further compensation to myself or others, to reproduce, print, publish, and disseminate in connection with the Materials, in any format or media (whether now known or hereafter created), my name, voice, and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by applicable law.

I acknowledge that Houzz is not required to use the Materials in any manner. I waive any right of inspection or approval of the Materials or the uses to which such Materials may be put. I understand that I will not be entitled to receive any credit, fee or other compensation as a result of any use of the Materials. I have made this Authorisation for good and valuable consideration, the receipt and sufficiency of which I acknowledge.

I represent that: (i) I have all necessary right and authority to grant all of the foregoing rights to Houzz; (ii) the consent of no other person or entity is required for the use of the Materials or to enable me to enter into or perform this Authorisation; (iii) that use of the Materials will not violate or infringe upon the copyright, privacy rights, or other rights of any third parties; (iv) and that there are no payments of any kind required to be made to any third parties, or clearances of any kind required to be obtained, as a result of any use of the Materials.

I release, discharge and promise not to sue Houzz or its affiliates, successors, licensees, assigns, representatives, employees, agents, and photographer (collectively, "Houzz-Related Parties") from any and all claims, demands, costs and/or causes of action arising out of or in connection with the exercise of any rights granted in this Authorisation, including, without limitation, any claim for infringement, libel, slander, defamation, invasion of privacy, or violation of any moral, publicity or other rights.

I agree to indemnify and hold harmless Houzz-Related Parties from and against any and all claims, demands, costs and/or causes of action arising out of or in connection with the exercise of any rights granted in this Authorisation or any breach or alleged breach by me of this Authorisation.

This Authorisation shall be governed by the laws of the State of California in the United States without regard to its conflict of laws provisions, and I hereby consent to the jurisdiction of such State. This Authorisation contains my full and complete understanding regarding its subject matter, superseding all prior agreements and understandings, written or oral, about such subject matter, and cannot be modified except by a writing signed by each party. Houzz may assign any or all of its rights or obligations under this Authorisation at any time to a third-party. This Authorisation shall be binding upon me and my heirs, successors and assigns.

I represent that I am at least 18 years of age, have read this Authorisation, fully understand its meaning and effect, and have signed this Authorisation intending to be legally bound.