Terms of service.


Agreement

By hiring our real estate visual media services, you agree to be bound by the following terms and conditions. These terms form a legally binding agreement between you (the client) and Rizo Productions (the photographer/videographer).

 

Services Provided

We will provide professional real estate photography services as agreed upon in the contract or booking agreement, whether done through phone, text, or email. This may include capturing interior and exterior photographs/video of the property, editing and enhancing the images/video, and delivering the final content in the agreed format.

 

Copyright and Usage – Real Estate

The copyright and ownership of all visual media remain with the photographer. Upon receipt of payment, the client is granted a non-exclusive, non-transferable license to use the visual media for the purpose of marketing the property for sale or rent. The client may not sell or license the photographs to third parties without obtaining written permission from the photographer. The client does, however, have lifetime permission to use photographs and video for their professional marketing, such as on their professional social media accounts to market their offerings to their clients.

This permission is granted only to the client who paid for the images and does not transfer to other realtors in the same brokerage, the brokerage itself (unless the client is the principal broker), builders, stagers, etc. This permission granted to the client does not expire when the property sells. If a client working for a specific real estate agency or company terminates their employment with the agency and the agency wishes to utilize photos that were paid for by the client, these photos must be re-licensed. Photo/video credit, while not required, is always appreciated.

 

Copyright and Usage – Vacation/Cabin Rentals

The copyright and ownership of all visual media remain with the photographer. Upon receipt of payment, the client is granted a non-exclusive, non-transferable license to use the visual media for the purpose of marketing the vacation/cabin rental. The client may not sell or license the photographs to third parties without obtaining written permission from the photographer. The license to use visual media expires if the property/business changes ownership and is owned by a new person/entity with a different company or business name. For example, if Rent My Cabins, LLC sells its rental property company to Best Cabin Rentals, LLC, the license to use the photos/video expires. However, if Rent My Cabins, LLC sells to a buyer who keeps the same business name, they are permitted to utilize the media already being used for their rental properties.

 

Image Delivery

We will provide the edited and finalized visual media content to the client within the agreed timeframe, usually via digital download or other mutually agreed method. The client understands and agrees that delays in content delivery may occur due to unforeseen circumstances, such as equipment failure or inclement weather. However, every effort will always be made to keep content delivery times to a minimum. Backups for delivered content will remain available for at least 90 days. It is recommended to immediately download all images, videos, and other content to prevent any future retrieval issues. Visual media must not be edited/altered by anyone other than photographer with the exception of minor cropping and/or resizing, unless otherwise agreed upon by the photographer.

 

Payment

The client agrees to pay the photographer the agreed-upon fee for the services rendered. Payment is due upon receipt of the invoice, unless otherwise specified in the contract. In the event of non-payment, the photographer reserves the right to withhold delivery of the final images until payment is received in full. Content download requires payment unless otherwise agreed upon.

 

Property Preparation

The client is responsible for ensuring that the property is adequately prepared for the photography session. This includes decluttering, cleaning, staging, and making necessary repairs or improvements. The photographer is not responsible for any unsatisfactory results due to the property's condition or preparation.

 

Rescheduling and Cancellations

The client may reschedule or cancel a photography session at no cost to the client. However, it is always requested this notice be provided to the photographer within a reasonable timeframe. The photographer reserves the right to reschedule or cancel a session due to circumstances beyond their control, such as inclement weather or equipment failure. Some weather conditions will allow for regular photography and videography but will not allow for drone images or video to be taken. If this circumstance arises, the client reserves the right to request the photographer return on another date to obtain aerial content.

 

Indemnification

The client agrees to indemnify and hold the photographer harmless against any claims, damages, losses, or expenses arising from the client's use of the visual media provided by the photographer, including but not limited to any claims of copyright infringement or violation of privacy rights.

 

Confidentiality

Both parties agree to maintain the confidentiality of any sensitive or proprietary information shared during the course of the photography session.

 

Governing Law and Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of Tennessee. Any disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of Tennessee.

 

By hiring our real estate visual media services, you acknowledge that you have read, understood, and agree to these terms and conditions.