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Client Service Agreements

New Construction Builder Agreement

An ongoing service agreement for real estate photographers and 3D tour creators working with home builders on spec homes, model homes, community amenities, and quarterly marketing refreshes.

Last updated Jul 7, 2026

Disclaimer: This template is for informational purposes only and is not legal advice. Have a qualified attorney review it before use.

What is the New Construction Builder Agreement?

The New Construction Builder Agreement is a master service contract for real estate photographers, 3D tour creators, and reality-capture professionals working with home builders on an ongoing basis. It governs spec home photography, Matterport or iGUIDE virtual tours, drone aerials, model home lifecycle shoots, community amenity sessions, and quarterly marketing refreshes across one or more residential communities. Individual assignments are authorized through Project Phase Schedules attached to the master agreement.

When should you use this form?

The New Construction Builder Agreement is appropriate when a photographer is beginning a recurring relationship with a home builder rather than handling a single one-time shoot. Use it before starting work on spec homes, model home launch and refresh cycles, clubhouse or amenity photography, or any quarterly marketing retainer arrangement. It is also the right fit when the builder's communities span multiple phases or locations and assignments will be issued over months or years.

What's included in this template?

  • Acceptance and scope clause covering spec homes, 3D tours, drone aerials, and amenity sessions
  • Per-phase deliverable definitions for spec home photography, model home lifecycle, community amenities, and quarterly marketing refreshes
  • Monthly retainer plus per-phase invoicing fee structure with 1.5% monthly late-payment interest
  • Reimbursable expense provisions for travel beyond defined radius, permits, and equipment rentals
  • Non-exclusive perpetual royalty-free usage license scoped to residential marketing channels (MLS, ads, print, social)
  • Post-lifecycle-close archival license for model home images with active re-listing restrictions
  • Drone and aerial services clause with scheduling, access, and permit terms
  • Confidentiality, termination, limitation of liability, indemnification, and independent contractor provisions

How do I fill out this form?

  1. Open the form at forms.wgan.info. Navigate to forms.wgan.info and locate the New Construction Builder Agreement in the library. Click the template to open the guided online form in your browser.
  2. Enter photographer and builder details. Fill in your photography business name and the builder's company name in the designated party fields. These populate the 'Photographer' and 'Builder' roles throughout the agreement.
  3. Define deliverable and fee parameters. Input your per-phase deliverable specs — edited still counts, turnaround days, refresh intervals, and quarterly asset caps — along with your retainer amount, per-session rates, and travel radius.
  4. Configure licensing and usage scope. Select or confirm the permitted marketing channels, community-level amenity licensing scope, and any model home archival-use terms that apply to your builder relationship.
  5. Review the completed agreement. Use the on-screen preview to verify all populated fields, phase schedule references, and fee terms are accurate before finalizing the document.
  6. Download and deliver the agreement. Click the download button to save the completed New Construction Builder Agreement as a PDF, then send it to the builder for review and countersignature.

Preview

New Construction Builder Agreement — page 1 preview covering 1. Acceptance and Scope, 2. Term, 3. Per-Phase Deliverables
Page 1
New Construction Builder Agreement — page 2 preview covering 9. Confidentiality, 10. Termination, 11. Limitation of Liability
Page 2

First 2 pages shown — watermarked. Subscribe to fill out and download the unbranded document.

What this form covers

1. Acceptance and Scope

This Agreement is entered into by and between your photography business ("Photographer") and a home-building company ("Builder"). It governs all ongoing visual-media work — including spec home photography, 3D virtual tours, drone aerials, and community amenity sessions — performed across the Builder's residential communities during the agreement term.

Individual shooting assignments are authorized through Project Phase Schedules, which specify per-property pricing and deliverables. The master agreement controls in any conflict.

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3. Per-Phase Deliverables

The template defines four distinct deliverable categories:

  • **Spec Home Photography** — Minimum edited still count, optional 3D tour (Matterport / iGUIDE), and drone aerials delivered within your defined business-day turnaround. - **Model Home Lifecycle** — A Launch Shoot at staging completion, followed by scheduled Refresh Shoots at your chosen interval, running until the Builder issues a Model Home Lifecycle Close notice. - **Community Amenity Photography** — Clubhouses, pools, parks, fitness centers, and streetscapes, with optional seasonal scheduling. - **Quarterly Marketing Refresh** — One session per calendar quarter covering up to your defined asset cap of homes or community vistas.

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4. Fees and Payment

The fee structure combines a **monthly retainer** (covering availability and the quarterly refresh) with **per-phase invoicing** for individual property shoots. Model Home Refresh Shoots are billed at a fixed per-session rate. Late balances accrue interest at 1.5 % per month.

Travel beyond your defined radius, permit fees, and specialized equipment rentals are reimbursable expenses invoiced separately.

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5. Usage Rights and Licensing

Builders receive a non-exclusive, perpetual, royalty-free license for residential marketing use — MLS, website, paid digital ads, print collateral, sales-center displays, and community social media. Community amenity assets are licensed to the specific community where they were captured. Model-home images may continue to be used for archival and brand purposes after a Lifecycle Close, but not to actively re-list the property.

Table of contents

  1. 1. Acceptance and Scope
  2. 2. Term
  3. 3. Per-Phase Deliverables
  4. 4. Fees and Payment
  5. 5. Usage Rights and Licensing
  6. 6. Intellectual Property and File Ownership
  7. 7. Scheduling and Access
  8. 8. Drone and Aerial Services
  9. 9. Confidentiality
  10. 10. Termination
  11. 11. Limitation of Liability
  12. 12. Indemnification
  13. 13. Independent Contractor
  14. 14. Governing Law and Dispute Resolution
  15. 15. Entire Agreement and Amendments
  16. 16. Signatures

What's included

  • Ongoing retainer structure covering spec homes, model homes, and amenities
  • Per-phase deliverable schedules for stills, 3D tours, and drone imagery
  • Model home lifecycle coverage from launch shoot through lifecycle close
  • Quarterly marketing refresh sessions with defined asset caps
  • Community amenity photography with seasonal scheduling support
  • Tiered licensing: MLS, web, paid ads, print, and social media
  • Drone and FAA Part 107 compliance provisions
  • Cancellation, re-staging, and late-payment fee protections
  • Intellectual property and copyright ownership clauses
  • Termination for convenience and for-cause provisions
#new-construction#builder#spec-home#services-agreement

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