TERMS OF SERVICE
Thank you for your choosing PhotoGuy.Com for your visual marketing services! The terms of our agreement are below. They govern our relationship and your use of our products.
HOME PREPARATION, TRAVEL FEES & FILE DELIVERY
HOME PREPARATION: Real estate agent agrees to prepare their client for the photo shoot. Home will be cleaned and decluttered prior to David Aronson arriving. Photographer cannot clean and/or move major items. Home will be photographed in "as-is" condition. If home is not “photo-ready", agent will be contacted and given a choice to shoot "as-is" or reschedule. A re-shoot fee will apply.
TRAVEL FEES: An additional invoice for travel fees may be sent if property is more than 30 miles one way from the photographer's studio in Lauderdale-By-The-Sea, FL. Agent will be contacted if an additional travel fee applies. Travel fees must be paid before photos are delivered.
FILE DELIVERY: Photos will be digitally delivered within 24 hours. Same day delivery is available for an additional fee. Videos will be delivered within 48 hours.
This “Agreement” governs your use of real estate photography services, design services, and related photographs and images (collectively, the “Images”), for the “Property” specified in the attached Invoice. Your hiring of David Aronson, payment of the Invoice, or use of the Images signifies your acceptance of this Agreement. PhotoGuy.Com (“we” or “us”) provides you with the following rights to use the Images. These rights are granted only to you and you agree not to transfer, assign or sublicense any rights without our written permission.
TERM: Any rights we grant you are limited to a term of either one year from the date of the Invoice, or the termination of your representation of the Property, whichever occurs first (“Term”). Using the Images beyond the Term requires David Aronson’s written permission and may require additional fees.
RIGHTS: Images, including but not limited to all photographs, and all rights relating to them (such as copyright) remain the sole and exclusive property of David Aronson. We grant you the limited right to reproduce, display, and distribute the Images only for promotional purposes directly related to the sale of the Property. For example, you may upload the Images to the MLS or other relevant promotional websites, or use the Images in print flyers or marketing materials to promote the Property during the Term. Any other use, including use by any third parties, requires David Aronson’s written permission prior to such use. If a third party asks you if they can use the Images, you must refer them to us. We reserve all rights not granted to you by this Agreement.
REVIEW PERIOD & RESHOOTS: Please review all Images upon receipt. If there are issues with the Images due to technical errors or equipment malfunctions, please notify us within 3 days of receipt and we will replace the Images at no additional charge. If there is an artistic difference or you request a reshoot for any other reason, we charge a reshoot fee determined by the number of Images you wish to be reshot, but not less than half of the original base real estate photography package price.
CANCELLATION FEE: A cancellation fee of $50 may be charged, at photographer's sole discretion, for any appointments cancelled less than 24 hours prior to the appointment time.
INDEPENDENT CONTRACTOR: You agree we are an independent contractor and not your employee. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Our Images are not to be deemed work for hire. All rights are contractual and expressly defined by this Agreement.
INDEMNIFICATION: You have the necessary authority to allow us to enter the Property and take photographs. You have authorized us to enter the Property to take photographs. You agree to indemnify and defend us against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of our services to you or the creation or any use of the Images.
GENERAL TERMS: By entering into this Agreement, you consent to receiving occasional marketing emails from PhotoGuy.Com. This Agreement, including the attached Invoice, is the entire understanding and agreement between you and us, and supersedes any and all prior agreements. This Agreement is governed by and interpreted in accordance with Florida law. If one or more provisions in this Agreement are found to be invalid, illegal or unenforceable in any respect, such provisions will be revised only to the extent necessary to make them enforceable and the validity, legality and enforceability of the remaining provisions will not be affected.