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Name of Agreement: Third Party Independent Contractor Agreement
Parties: Photographer and multiple listing service. Alternatively, the agreement can be easily adapted for use by the broker in which case the assignment of rights is to the broker instead of the multiple listing service.
Purpose: The purpose of the independent contractor agreement is to have a photographer, as an independent contractor, grant to the multiple listing service, or broker, the rights necessary for the multiple listing service or broker to use the graphics. For example, the multiple listing service must have rights to the graphics included in a listing to make IDX listings available to brokers and other third party licensees. Without an assignment, the multiple listing service’s use of graphics may constitute infringement, and any license granted by the multiple listing service to brokers or third parties may cause the brokers or third parties to engage in infringement.
Options: This agreement can be modified for use by either a MLS or a broker. Make sure you use the correct party name throughout the agreement.
Instructions: This document is a standalone agreement. All of the blanks need to be completed and the documents referenced in Schedule A need to be attached. The first document is a description of the standard practices of the multiple listing service regarding the taking and delivery of graphics. For example, if the photographs need to meet specific requirements or need to be delivered in a specific format, these instructions should be included in the schedule.