By placing this order you agree to our contract of services:

Photography Contract Terms

 

The above-listed client (the “Client”) and Photographer (Photographer) agree that the Photographer will provide either a:

  • Google 360 tour based on the package chosen and paid for. All packages include the Photographer creating and uploading to Google Street View, the Owners Business 360 Tour:

Options: Small Business INCLUDES: 5 panoramas + 10 stills, Medium Business INCLUDES: 10 panoramas + 10 stills, Large Business INCLUDES: 20 panoramas + 20 stills, X-Large Business INCLUDES: 30 panoramas + 15 stills.

  • For a 360 Virtual Tour, the Photographer will take an unlimited amount of 360 photopgraphs, will patch them into a tour, will host the tour for atleast three weeks after the sale of the property, will send the Client the HTML code and direct URL for the tour.

  • Aerial Drone Video/Photo Shoot, the Photographer will create the raw footage and pictures from the drone flights into a approx. 1 min long video (give or take depending on the size of the property). The Client agrees to book the shoot at least 30 days from today. The Photographer must apply to Transport Canada for a Special Flight Operations Certificate. Transport Canada requires they are submitted at least 20 days from the shoot. The Photographer needs time to complete a SFOC application to file with Transport Canada. If the SFOC is not received then the Photographer cannot fly. The Clients agrees to hold the Photographer harmless if the SFOC is not approved and agrees to pay$100 as a fee for the time it takes to complete the 31 page application.

 

Included in the above Real Estate Package is: The editing, adding Clients information and logos, property details and will send the video file in 4K and 720p format. The video will also be hosted by the Photographer for at least three weeks after the sale.

This is a legally-binding contract.

 

This contract represents the entire understanding of the requirements, schedule, and payment terms for the google 360 tour.

If there are any disputes or actions resulting in legal proceedings related to this contract, such actions shall take place in and be subject to the laws of Ontario, Canada.

 

Clients accept sole financial responsibility for any legal fees or related costs incurred by the Photographer in enforcing the terms of this 360 google tour contract. Any failure by one or both parties to uphold or enforce a provision of this contract shall not constitute a waiver of any other provision of this contract.

 

Payment

The Client agrees to retain the Photography for the services listed above by signing this 360 google tour contract and paying the deposit or total payable. Client acknowledges that no reservation can be made prior to the signature of this contract and subsequent payment of the initial service deposit.

The remaining balance for the above listed portrait photography services shall be due in full no later than 14 days prior to the photo shoot for the real estate 360 virtual tour. In the event that payment is not made in full by this deadline, Photographer reserves the right to terminate this contract, retain the initial deposit, and no longer be held liable for providing further services to the Client.

 

Cancellation

The Client may cancel this contract at any time up to 30 days prior to the photo shoot. To do so, Clients must send a written cancellation notice via either email or certified mail.

 

The Client hereby forfeit their initial deposit in case of cancellation, and agree to pay the full amount for the services listed above should they cancel this portrait photography contract after the date 30 days before the photo shoot.

 

Reschedule

Client may reschedule the date of the portrait shoot listed above no later than 30 days prior to the photo shoot with the written approval of the Photographer. Should the Photographer be unable to accommodate the Client’s rescheduled date, the Client will not be held responsible for the remaining balance of this portrait photography contract, but will forfeit their initial deposit.

 

Liability

If the Photographer should be unable to provide the goods and services outlined in this contract for any reason, Photographer agrees to refund any fees paid by the Client, minus applicable expenses, and shall have no further liability with regards to this contract. This limitation of liability also applies to any loss or damage to footage, photographs or other materials after the events listed in this contract. The sole remedy for any actions or claims resulting from the Photographer’s inability to deliver the goods and services listed in this contract shall be limited to a refund of monies paid by the

Client to the Photographer.

 

Client agrees to indemnify and hold harmless Photographer for any liability, damage, or loss related to technological failure, including data loss.

Client agrees to hold Photographer harmless for any personal injury which may occur as the Client poses or works with Photographer.

Client agrees not to use any SOCIAL MEDIA FILTERS on the images provided by the photographer. Using any kind of FILTERS alters photographers work.

 

Digital Media

The Clients acknowledge that the Photographer does not maintain archives of images and footage after delivering requested images and other goods to the Clients. It is the Client’s sole responsibility to request any desired prints, products, or files within 7 days of the photo shoot.

 

Pricing

Any additional goods or services not included in this portrait photography contract will be sold at then-current rates. Photographer makes no pricing guarantees outside of the terms of this contract, and the Client acknowledges that prices for additional goods or services are subject to change suddenly and without notice. 

 

Responsibilities

Photographer will be the sole and exclusive photographer for the above listed photo shoot. Photographer is responsible for bringing any equipment or assistants necessary to conduct the services outlined in this contract.

 

Client agrees to prevent any other photographers or videographers at the shoot listed in this contract from interfering with the Photographer’s performance of their duties. This includes guests and other amateur photographers or videographers.

 

Photographer will not be held liable for compromised event coverage due to interference from other parties, including interfering traffic in public spaces. Likewise, Photographer is not responsible for degraded coverage due to environmental issues, such as poor event lighting, space, or backdrops and is under no obligation to capture any specific moment or pose or person(s) during the shoot.

 

Client agrees to confirm the event’s date, time, and location no later than 7 days prior to the photo shoot.

 

Coverage

Photographer will provide the goods and services listed in this portrait photography contract, including event coverage for the listed hours at the venues listed. If additional coverage hours are requested on the day of the events, Clients agree to pay the Photographer in full for those additional hours at the hourly rate listed in this contract.

 

Photographer agrees to make every effort to provide satisfactory coverage, but cannot make any guarantees as to specific photos, poses, etc during the event.

 

Image Processing

Photographer will perform limited color correction and retouching prior to delivering any physical copies of images to the Client. If the Client requests a digital copy of their images, the Photographer will provide three image sets: black & white, original color, and corrected/retouched copies. Photographer is not responsible for the printed copies of images delivered to the Client as electronic files. The Client may request additional physical copies of images and footage from the event within 7 days of the photo shoot.

 

Model Release

This portrait photography contract serves as a model release. This grants the Photographer the right to use all images and footage without restriction for advertising, portfolios, and other lawful purposes. The Client waives the right to inspect any images produces using the images or footage from the events in this contract, and the right to restrict the use of the images or footage from the listed events by the Photographer. Client grants permission to Photographer and its assigns, licensees, and sublicensees, permission to use Client image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, Photographer may use Clients likeness and image on Photographers website or other advertising.

Copyright

All photographs and footage are and shall remain the sole intellectual property of the Photographer in accordance with Canadian Copyright Laws. The Client hereby waives any rights to intellectual property ownership, monetization, or reproduction of the images and footage created by the Photographer, with exception of the terms of any formal written releases provided to the Client by the Photographer.

 

Unauthorized Reproduction

Client agrees not to reproduce or modify the images or footage provided by the Photographer without first obtaining a formal written release signed by the Photographer. Should the Photographer discover any violations to this agreement, the Client agrees to be held financially responsible at a rate of $800 per violation.

By paying for our service you agree to the above terms and conditions.

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