Stills & Virtual Tour Photography – Terms of Service
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Still & Virtual Tour Photography – terms of service
Effective September 1, 2010
STILL PHOTOGRAPHY & 360 x 360 Virtual Tours
General Information –
The agent, owner, developer or builder (further referred to as the Client) must be present at the scheduled time of the photography session, unless otherwise arranged with t3media, LLC (further referred to as the Photographer or T3M).
The Photographer will photograph the home mostly as-is. That is, we will NOT dust objects, make beds, clean bathrooms, etc… **PLEASE** review our Pre-Shoot Preparation Check List.
**Any property that does not meet most or all of the items on the checklist will be rescheduled for a later date once the property is ready for photography. A $60 rescheduling fee will be charged and is due on the same day the shoot is cancelled. If the checklist is nearly complete, but some items remain, the Photographer may decide to complete the checklist himself and resume the photoshoot that day. Fees WILL apply.
Upon arrival the photographer will do an initial walk-through of the property. He will turn on all lights, open all window treatments, and do basic staging / de-cluttering. This is up to the photographer’s discretion, as moving things may result in a better photo.
The composition of all still images will be selected at the discretion of the photographer.
T3M will select the best images to present to the client and reserves the right to select images based on composition, visual appeal, angle, lighting, etc.
Once all photographs are processed, the client will be sent an email notifying them on the completion of the images. All photos are will be emailed to the client using a large file delivery service or our choosing. We will send you an email with a link as to where to retrieve the images. Images are supplied to the agent in Jpeg format, optimized for the web at 900 x 600px. The high resolution images (currently 5616 x 3744 px) will be sent directly to the marketing team of your company.
All photos are licensed to the agent for all marketing associated with the current sale of the property for its duration in accordance with the MLS rules. Please note that the photos will be copyrighted by t3media, Jonathan Tercero, and/or Tercero Photography and license granted only to the agent and NOT to any third party. Any usage of the photos by a third party, including but not limited to subsequent agents, architects, builders, stagers, designers, sellers or buyers is prohibited unless unlimited usage rights are purchased. Unlimited usage rights cost $600 for 1 (one) photo. With purchased unlimited usage rights, T3M still holds the copyright of purchased photo(s). Copyright purchase of a single (1) photo begins at $2000, and will be discussed on an individual basis.
Cancellation / No Show policy
Any photoshoot cancelled 3 days prior to the date scheduled will be subject to a $60 Cancellation Fee.
A $60 fee will be billed to the client if no one is at the property for the scheduled appointment time or within 15 minutes thereafter. Once the home has been photographed, the purchase may not be refunded. The client will be required to pay the full price including any applicable fees. If the client is not happy with the photographs taken of a home due to photographer error, a re-shoot may be requested. The photographer will re-take and edit pictures of the same home for a charge of 50% less than original purchase price. If a reshoot is scheduled simply because the client did not like the arrangement of the furniture or if the landscaping was not in full bloom, or if the home had recent repairs/upgrades that are not reflected in the photographs, a re-shoot would be billed at FULL PRICE. T3M reserves all rights to update these Terms and Conditions at any time without notice.
Payment is due in the form of cash, check, or any MAJOR Credit Card at the time of the photo session, unless otherwise pre-arranged with T3M.
This license is individual, non-transferable and non-exclusive. It gives you unlimited use of the images for print, internet and marketing with the current sale of the property for its duration in accordance with the MLS rules. The images are for the use of real estate purposes only; and are ONLY allowed usage for the life of the original listing. The images are for use by the above named client only and must not be reproduced, resold or redistributed for commercial purposes, personal use or for marketing (web site banners, print material background images, etc…), use with another selling agent, marketing company, rental business or accommodation advertising.
Before any other use of the photographs is permitted, it is mandatory to contact T3M in order to pay an additional license fee.
All rights to the photographs are owned by T3M and are entitled to all the commercial rights to the photographs (apart from the rights to protected buildings, works of art, objects or registered trademarks appearing on the photographs).
The granting of this license does not imply a transfer of ownership. USA copyright laws protect the photographs. Therefore, you are under the obligation to use the photographs like any other protected material. Any representation or reproduction other than the marketing of the property photographed, complete or partial carried out without the consent of T3M WILL be considered a copyright violation.