Flagstaff Real Estate Photographer - Terms and conditions
Effective Date: Jun 29, 2024
These Terms and Conditions ("Terms") are applicable to all “paid of service” brokers/agents, customers, and clients (collectively, “Client”) of Flagstaff Real Estate Photographer ("FREP").
Our Guarantee:
At FREP, we are committed to ensuring every client is completely satisfied with their final delivered photography. We strive to portray each house or property realistically and edit all images to the best of our ability.
If the final images do not meet the client's realistic expectations, FREP will work with the client to make necessary corrections. We offer color correction at no additional charge. Should the images still not meet expectations after re-editing, the client must provide a written description of their dissatisfaction for each image. If needed, FREP will revisit the house or property at no additional charge, following the receipt and agreement of the formal written description.
Please note that photography style is subjective. Ensure that FREP’s style matches your expectations before the shoot. No refunds or rescheduling of the original shoot will be issued for unrealistic or unmet expectations beyond what is advertised on our website.
Photo Shoot Site Policy:
The house/property must be ready to be photographed when FREP arrives on site. If FREP cannot adequately shoot the property due to reasons beyond FREP's control (such as, but not limited to: unable to gain access to the property, excessive clutter and mess, unrestrained animals, Client not present on site, construction, etc.), the Client will be charged the full fee of the shoot. FREP is NOT responsible for any onsite staging, de-cluttering, cleaning, or landscaping. The property will be photographed AS-IS. ** If advanced Photoshop retouching and/or object removal is required, an additional fee may apply. Please review the Site Preparation Checklist.
Photography Processing, Delivery, and Archive:
FREP typically has a 36-48 hr. turn-around for a 2,000 sq.ft. residential property and a 72 hour turn-around for larger homes (+4,000 sq ft.). Any additional photography or special requests may take up to 72 hrs. after the original shoot. All final images will be provided in a direct download and/or Dropbox link. All images will be archived and available to the Client for up to 180 days after the first release. After the 180 days, FREP does not make any guarantees of photo retrieval.
24 hrs. RUSH "Priority" Shoot:
If Client needs the photos delivered within 24 hours after the scheduled appointment, a Rush Fee will apply.
Advanced Retouching / Object Removal:
If advanced Photoshop retouching and/or object removal is required, an additional fee may apply.
Late arrival of Client:
A $35 per 15 minutes will apply if the client is not on-time at the photo shoot. (Client is encouraged to be 15 minutes early to prepare the house for photography.)
Travel Fee:
A travel fee outside of a 15 mile radius of downtown Flagstaff will apply.
Concierge Service may apply:
The Concierge Service is to benefit the client; if you want FREP to take on additional responsibility and tasks outside of photographing the property contact us for details and price. FREP does not have access to Supra Key lockboxes, only contractor lockboxes.
Convenience Fees:
Pickup/drop off Key, Solo Arrival and Departure, Lockup and Secure Property
Pricing Quote:
All price quotes given verbally or written are estimates, based on the provided data from the client or data researched by FREP, and do not necessarily reflect the final costs of service. Additional fees may apply based on observation of the property once FREP is on-location. If there are any additional livable or non-livable structures, that require interior and/or exterior photographs; fees will apply. (Examples: guest quarters, historic cabins, barns, sheds, gazebos, workshops, detached garages, extra amenities, etc.)
Payment:
Full payment is required before the delivery of the final images. An invoice will be emailed to the Client once the date and time of scheduling is finalized. The Client may choose to pay the full amount at any time before the delivery of images. However, FREP reserves the right to retain the final images without delivery, until the Client has paid the invoice in full. In the unlikely event that the Client fails to pay for the images; FREP will remind the Client via email and phone and retain the images up to 30 days. After the 30 days there will be a $50 retrieval fee, plus the full payment to release the images to the Client. PAYMENT OPTIONS: secure online payment (credit/debit card), local check (in-person only), and cash. If the Client would like to view the images before the release of photos, there is an Admin Fee for creating a viewing gallery of watermarked images.
Cancellation and Reschedule Policy:
By booking FREP and scheduling a time and date, the Client affirms that the house/property is “ready” to be photographed. If the photo shoot is canceled for any reason, 24 hours before the scheduled date, the Client will be charged $35 to reschedule, plus any used travel expenses added to the services. All travel expenses are non-refundable (if used) and a new travel expense will be applied to the rescheduling. Every effort will be made, by FREP, to reschedule and re-shoot within 72 hrs. of the original appointment. Any cancellation due to unforeseen circumstances, extreme weather, or (acts of the Universe) may be rescheduled (subject to fee).
Refund Policy:
We understand that sometimes things don't work out as planned, and in those situations, we want to make sure our clients are satisfied. As such, we offer a refund policy that includes the following:
- Requests for refunds must be made in writing (email) and describe the reason for the request. We kindly ask that clients provide constructive feedback as to how we can improve our services in the future.
- All refunds will be subject to a credit card transaction fee of 3.5% and an administration fee of $25. These fees will be deducted from the refund amount. The client is responsible for paying these fees.
- Refunds will be issued in the same form of payment as the original purchase.
- We reserve the right to deny any refund request that we determine to be fraudulent or in violation of our terms and conditions.
Intellectual Property Rights Ownership
FREP retains all intellectual property rights, including but not limited to copyright, in all images, video, photographs, and any other works created by FREP (collectively, "Works"). This means that FREP holds the exclusive rights to reproduce, distribute, display, perform, and create derivative works based on the original Works, regardless of the medium or format in which they are used.
By commissioning or using any Works created by FREP, clients acknowledge that they do not acquire any rights to the intellectual property contained in these Works. Clients are granted a limited, non-exclusive, non-transferable license to use the Works solely for the purposes agreed upon in writing with FREP. Any other use of the Works, including but not limited to reproduction, modification, distribution, or public display, is strictly prohibited without the express written consent of FREP.
Clients must also ensure that any third parties who may access the Works as a result of the client's use comply with these terms and conditions. Unauthorized use of the Works will be considered a breach of these terms and conditions, and may result in legal action to protect FREP's intellectual property rights.
Furthermore, clients agree not to remove, alter, or obscure any copyright notices, trademarks, or other proprietary marks on any of the Works. The integrity of the Works, including the artistic vision and quality, must be maintained as intended by FREP.
In the event that the client wishes to use the Works beyond the scope of the initially agreed-upon purposes, a separate agreement must be negotiated and additional fees may apply. This includes, but is not limited to, the use of the Works in advertising, marketing, or any other commercial applications.
FREP reserves the right to use any of the Works for its own promotional purposes, including but not limited to showcasing the Works on its website, social media platforms, and in marketing materials, unless explicitly agreed otherwise in writing.
By agreeing to these terms and conditions, clients affirm that they understand and accept the intellectual property rights ownership as described herein.
Real Estate and Vacation Rental Licensing and Usage
FREP grants Client a limited, non-exclusive, royalty-free, revocable license (the "License") to use and display Works produced for and released to Client by FREP (the "Licensed Works") solely for the following purposes:
- Promotion of the Property:
- For the duration the Property is first listed for sale or rent by Client.
- Client's Personal Marketing and Branding:
- On a maximum of four portfolios or websites ("Client Sites") as long as each image includes:
- A live link to www.flagstaffrealestatephotographer.com.
- The following photo credit: "Photograph by Flagstaffrealestatephotographer.com © 2024 all rights reserved."
- On a maximum of four portfolios or websites ("Client Sites") as long as each image includes:
Termination of License
- For Real Estate Property: Client's right to use the Licensed Works terminates automatically on the date of the first rental or sale of the Property, unless otherwise agreed in writing.
- For Vacation Rental Property: Client's right to use the Licensed Works terminates automatically on the date the Property changes management or is removed from the rental market, unless otherwise agreed in writing.
- Non-Transferability: The Licensed Works are restricted to the Client and cannot be re-sold or gifted to third parties.
- Personal Marketing: Client retains the right to use the Licensed Works for personal marketing until FREP terminates the License by written notice.
- Alterations: Client agrees not to make any alterations or edits to any Licensed Work, aside from cropping and resizing. Any prohibited alterations violate the License and infringe on FREP's copyright.
- Transfer Restrictions: The License is not transferable or assignable without written permission from FREP. Client agrees not to sell or transfer any Works to third parties, except for use on online real estate platforms (e.g., Zillow.com, Realtor.com, Redfin.com) solely for listing the Property. Licensed Works related to expired, withdrawn, or canceled real estate listings are non-transferable to another broker/agent or any other entity.
- Client shall not display or use, or transfer to a third party for display or use, any Licensed Works in any publication (e.g., real estate website or magazine) not owned by Client.
- If Client is contacted regarding the use of any Licensed Works in such publications, Client agrees to promptly contact FREP to negotiate a license for such use.
- For uses not permitted under the Real Estate/Vacation Rental License, please refer to Commercial Licensing or contact FREP directly to negotiate a license for such use.
Commercial Real Estate Photography (Full Lifetime Licensing)
FREP grants the Client a full, unlimited, exclusive, royalty-free, revocable license (the "License") to use and display the works produced for and released to the Client by FREP (the "Licensed Works") for the following purposes:
The rights of use include, but are not limited to, the display of the Licensed Works on collateral, websites, advertising, and presentations in connection with any brand products and properties for internal and external audiences worldwide, in perpetuity. These rights also encompass third-party usage rights (e.g., travel websites and search engines) for promotional purposes only.
The rights to use the Licensed Works do not transfer to subsequent owners and cannot be sold to other parties. FREP, as the copyright owner of all Licensed Works, grants the Client exclusive lifetime rights to use these images. FREP reserves the right to use the Licensed Works for its own portfolio without the written consent or notification of the Client.
The Licensed Works are restricted to the Client; therefore, they cannot be resold or gifted to third parties. The Client retains the right to duplicate the works as needed and may alter the works to suit their own specifications.
Right of Refusal and Termination
FREP reserves the right to refuse service and deny booking with anyone at any time, without exception or explanation. FREP may terminate the relationship with Client without cause at any time by giving written notice to Client, provided FREP has met their obligation to deliver final images, as promised. FREP may terminate the License without cause at any time by giving written notice to Client, provided Client has completed the first sale or rental of the Property for which the Licensed Works may be used and Client is not in breach of the License. FREP may terminate the License immediately upon written notice if Client is in breach of the License.
General Provisions
(a) Relationships: Nothing contained in this Agreement shall be deemed to render either party a partner or joint venture of the other party for any purpose.
(b) Severability: If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as to best to affect the intent of the parties.
(c) Integration: This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Agreement may not be amended except in writing signed by both parties.
(d) Waiver: The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
(e) Attorney Fees and Expenses: In a dispute arising out of, or related to, this Agreement, the prevailing party shall have the right to collect from the other party its reasonable attorney fees and costs and necessary expenditures.
(f) Governing Law: This Agreement shall be governed in accordance with the laws of the State of Arizona.
(g) Jurisdiction: The parties consent to the exclusive jurisdiction and venue of the federal and state courts located in Coconino County, Arizona in any action arising out of or relating to this Agreement. The parties waive any other venue to which either party might be entitled by domicile or otherwise.
Agree to Terms and Conditions
The Client agrees to these Terms by hiring FREP for their services. Client acknowledges that such an agreement and these Terms constitute a binding contract between Client and FREP. Furthermore, Client agrees that Client has read and fully comprehends the Terms before scheduling services with FREP.
FREP retains the right to change the above Terms and Conditions at any time and will update the Effective Date upon making any such changes.
