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Terms
1. AGREEMENT This agreement between Spaces808 LLC (hereafter 'Spaces808') and the undersigned client, (hereafter 'Client') governs the assignment described in the accompanying cost estimate, and along with these Terms & Conditions, constitutes the entire agreement between the parties concerning that assignment. The Client's use of the products (hereafter 'Media') signifies their acceptance of these terms and conditions:
2. ESTIMATES The fees quoted by the Spaces808 are for the original job description as presented by the Client. Any subsequent changes, whether made orally or in writing, may result in additional charges. The expenses are estimated in good faith. Actual expenses, which may be greater or less, will be invoiced.
3. PAYMENTS Client shall make payment upon delivery of files or within 14 days of invoice. Late payments will be billed a $25.00/month handling fee and 1.5%/month interest. When the estimated expenses exceed $500.00, the client will pay them in advance of the shoot.
4. LICENSING All Media produced in connection with this agreement may be used by the Client only; for any marketing associated with the current sale of the property in accordance with local MLS rules (if applicable). Please note that the Media will be copyrighted by Spaces808and a license is granted ONLY to the Client and NOT to any third party. Any usage of the Media by a third party, including but not limited to architects, builders, stagers, designers, home owners, sellers or buyers is prohibited unless approved in writing by Spaces808. If for any reason payment is not made within (30) days from the date of delivery of the Media, the Rights granted to you will terminate automatically.
5. COPYRIGHT Grant of any reproduction rights to the Client is conditioned upon receipt of payment in full. All rights not expressly granted shall be reserved by Spaces808. Modification of photograph(s) and/or incorporation of photograph(s) or Video in any layout or concept shall not constitute a Joint Work (that is, when two or more parties prepare a work with the intent to combine their contributions into inseparable or interdependent parts).
6. ADDITIONAL USAGE If Client wishes to make additional use of the Media not covered in the initial agreement, Client shall obtain permission from Spaces808 and pay an additional fee to be agreed upon.
7. CANCELLATIONS & POSTPONEMENTS In the event of a cancellation or postponement of a shoot by the Client or subject, Client shall pay all expenses incurred by the Photographer up to the time of cancellation. If a shoot is canceled within 48 hours of departure for the shoot, Client shall also pay 50% of the anticipated photographic fee and 100% of the anticipated fees of any subcontractors booked for the job. Cancellations on the day of the shoot not caused by unfavorable weather or by Spaces808, Client shall pay 100% of the anticipated photographic fee and 100% of the anticipated fees of any subcontractors booked for the job.
8. CLIENT REPRESENTATION The Client is responsible for the presence of an authorized representative at the shoot to approve the Photographer's interpretation of the assignment. If a Client representative is not present, the photographer will use his best judgment and experience to decide how best to photograph the property. in which case the Photographer's interpretation shall be deemed acceptable.
9. INDEMNIFICATION Client hereby indemnifies and holds Spaces808 harmless against any and all liabilities, claims, and expenses, including reasonable attorney fees, arising from Client's use of Spaces808's work. Spaces808 similarly indemnifies and holds Client harmless against any and all liabilities, claims, and expenses, including reasonable attorney fees, arising from Spaces808's negligence.
10. TURN AROUND TIME Normal schedule for processed photos is 3-5 business days after the day of the shoot, plus required time for any additional retouching requested. Edited video is typically delivered within 10-14 days of the shoot plus required time for any additional retouching requested.
11. RETOUCHING Basic editing and clean-up (color correction, toning, spotting, simple blemishes removed) are included in the price of the service. Other complex retouching or alteration of natural features requested by the Client will be additional billed.
12. STAGING & HOME PREPARATION The photographer will make a reasonable effort to remove litter, stray objects, etc. from the rooms; this does not include things like making beds or arranging furniture. However please note that staging and home preparation does not fall under the responsibility of the Photographer or Spaces808. Agents are expected to have the property staging and cleaning completed prior to the photo shoot. All properties will be shot 'As Is'. Our home preparation checklist can be downloaded here: https://spaces808.com/wp-content/uploads/2019/09/Before-the-shoot-Home-Preparation.pdf
13. PHOTO REVIEW The Client agrees to review and accept the Media in a timely manner. Should any of the Media require further editing or reshooting, the Photographer must be notified of requested changes within 72 hours of delivery. After which the Media would all be deemed as accepted by the Client and any further editing or reshooting may be additionally charged for. Any published use of the media deems the work as accepted by the client.
14. SATISFACTION GUARANTEE Spaces808 will, at their discretion, provide one return visit to reshoot part or all of the property should the Client not be satisfied with the photographic results in a manner that cannot be resolved through image editing. This guarantee is specifically excluded and will not apply when claimed due to weather conditions at the time of the shoot, the property not being adequately prepared and photo ready a the time of the shoot, or any other situation that the photographer or Spaces808 have no direct control over, or due to Clients oversight. Reshoot must be requested within 72 hours of delivery. Any published use of the Media deems the work as accepted by the client.
15. HOSTING AND ARCHIVING Spaces808 will keep the original media on file for quick retrieval for a period of six months from the date of the shoot. After which the media will be moved to cloud storage and client will be charged an archive retrieval fee for re-delivery of the original media files. Spaces808 will keep the original Media archived for no less than one year from the date of original media delivery. In no case will Spaces808 be responsible for maintaining backups of the Media thereafter. It is the Clients responsibility to maintain backups of the final images.
16. RESIDUAL EXPOSURE Client acknowledges that once the media is published and syndicated online, it is nearly impossible to completely remove the media from all directory sites, indexes and other real estate related online publications, which may result in the media appearing online well after the house is sold to its new owners. It is the client's responsibility to minimize such residual exposure by removing all media from MLS and any other publications after the sale of the property. Spaces808 will not be held responsible for any claims arising from residual online presence of the media.
17. Common Area Photos - In some cases, Photos of common areas in condominium and multi unit properties will be provided from an existing stock of photos Spaces808 has shot on previous occasions. This is due to production limitations preventing us from reshooting separate common areas for each unit we shoot in a complex. This means that common area photos may be non exclusive and as a result, may appear in more than one listing. This is normal course of business and client cannot have any copyright claims arising from such multiple use instances.
