Terms and Conditions
1. Agreement Overview
This Agreement ("Agreement") is made between SQFT Real Estate Photography, hereinafter referred to as "Photographer," and the Real Estate Agent / Builder / Developer ("Client") for the provision of real estate photography services. By booking a session with the Photographer, the Client agrees to the following terms and conditions.
2. Scope of Services
The Photographer agrees to provide real estate photography services, which may include, but are not limited to, interior and exterior photography and videography, drone photography and videography, 3D Matterport virtual tours, and floor plans (collectively referred to as "Services"). The Photographer will use all reasonable efforts to produce high-quality, professional photographs and content. Depending on the property location, drone aerial photography or videography may be unavailable due to no-fly zones or restricted areas.
3. Client Responsibility
Due to the immunocompromised status of the Photographer, Clients are required to notify in advance if they or anyone in the subject household are exhibiting symptoms of, or has been diagnosed with, a contagious illness. This advance notice allows us to take appropriate safety measures and reschedule services if necessary to ensure the health and well-being of all parties involved. Thank you.
The Client must be present at the scheduled photography session and remain on-site until the completion of the shoot. The Client must best prepare their clients to ensure the property is ready for the shoot, including removing personal items, cleaning the space, and making necessary arrangements (e.g., for pets or people).
Pending approval from the Client, the photographer may temporarily move objects in order to provide the best photos and reposition once the photograph has been taken. The photographer will determine the location for all Matterport Virtual Tour camera positions and still images unless otherwise arranged prior to the shoot. The client agrees that the photographer has final authority over the selection of angles, lighting, and composition.
4. Booking and Payment
The Client agrees to pay the agreed-upon fee for the Services upon receipt, as stated in the invoice. A late fee of 15% of the outstanding balance will be applied for payments not received within 30 days of the due date. If the payment remains unpaid for more than 30 days, services may be suspended until the balance is settled in full.
Payment is to be made via e-transfer to sqftrealestatephotography@gmail.com
5. Delivery of Images
The Photographer will provide the Client with edited images or other content within 1-3 business days, unless otherwise specified in writing.
Images will be delivered electronically via Dropbox. The Client is responsible for downloading and storing images.
We are committed to delivering services on time; however, we shall not be held liable for any delays in service delivery caused by circumstances beyond our control. These circumstances may include, but are not limited to, natural disasters, severe weather conditions, equipment malfunctions, travel disruptions, illness, or other unforeseen events.
6. Copyright and Usage
Copyright for all services (photographs, virtual tours, videography) remains with the Photographer. The Client is granted a non-exclusive, non-transferable license to use the images for the specific purpose of marketing and showcasing the property. This usage does not extend to third parties (e.g., interior designers, contractors, builders) without prior written consent from the Photographer. This license is valid for the duration of the original listing. The Client may not resell, distribute, alter, or transfer the images to any third party or agent without written permission. If transferring to another agent or third party, an additional license fee will apply. Upon full payment, the Client receives the right to use the images for promotional purposes related to the sale of the property. The Client acknowledges that they do not own the copyright to the images.
Hosting and Renewal
The virtual tour, slideshow, or video will remain active for one year from the date of creation. After this period, the Photographer reserves the right to charge an annual fee for hosting and/or domain renewal if the client wishes to continue hosting the tour.
8. Cancellations and Rescheduling
Cancellation: If the Client cancels the shoot on the scheduled date and does not reschedule for a later date or time, a fee of $125 will be billed. If the Client is more than 1 hour late to the property, a no-show fee of $200 will be charged and services must be rebooked at a later date.
Rescheduling: If the Client needs to reschedule the shoot, the Client must provide at least 24 hours notice.The Photographer reserves the right to cancel or reschedule a shoot due to inclement weather, illness, or other unforeseen circumstances, and will work with the Client to find a suitable alternative date.
9. Re-Shoots
All fees for photography services are non-refundable once the property has been photographed. If the Client is not satisfied with the images, a re-shoot may be requested. Any additional photography and editing will be billed at an hourly rate of $225.
10. Confidentiality
The Photographer agrees to keep all information related to the Client's property confidential and will not share any details or images without the Client’s consent, except as required by law.
11. Acceptance of Terms
By booking a photography session with the Photographer, the Client acknowledges and agrees to the terms and conditions outlined in this Agreement.