TERMS OF SERVICE

General Real Estate Terms:

Sessions should be submitted as far in advance as possible to better ensure availability. The Client must ensure that all information provided in a booking submission is accurate and correct to ensure a successful session.

While API will make every reasonable effort to take photographs meeting any requests or expectations, the Client understands and agrees that uncontrollable elements such as environment, weather, and available light may affect the final product.

If the Client has any specific requests regarding, but not limited to, subject matter, property features, or composition of the image, it is the Client’s responsibility to make their request known either when the session is booked or to the Photographer before the session is complete. API cannot guarantee that all requested photographs will be taken or that all requested photographs will be usable.

Photographs will be edited in a way that enhances the property. API cannot alter photographs in a way that misrepresents the structure or condition of the listing.

Real Estate Photography Sessions are scheduled for one hour. Once a session has begun, any requests to hold the Photographer past one hour is subject to availability and may not be honored. Extended sessions will be subject to additional scheduling fees.

The Client must ensure that the property is safe and fit for the session. If a property is deemed hazardous by the Client or a reputable party, API retains the right to deny the booking request for any reason. If a property is not initially disclosed as hazardous, it is at the Photographer’s discretion whether they complete the session. API will, to the best of their ability, notify the Client should the conditions be unfit for photography.

The Client will, to the best of their ability, ensure that the property is cleaned and prepared for the session. The photographer is not required to adjust any items on or within the property, and only at their own discretion move furniture or suggest adjustments to the Client.

Aerial Photography/Video is subject to availability and FAA regulations. In cases of inclement weather, images will not be completed should the conditions be unfit for flight.  If the property falls within a designated no-fly zone, API will be unable to use the equipment. If the service cannot be completed due to these restrictions, the client will not be charged for this service but may be subject to travel fees.

Weather/Other Conditions:

API reserves the right to reschedule any session due to inclement weather at no additional cost to the Client.  Rain, snow, hail, winds, etc. may damage sensitive electronic equipment and shooting in these conditions can directly affect the quality of the photographs. If the Client elects to reschedule based on weather conditions, they may be responsible for additional rescheduling fees.

Travel time is a factor when scheduling a session, however API requests that Clients give the photographer a 15 minute buffer in case of traffic or inclement weather. The Client will immediately be notified of the delay and the schedule will be adjusted to honour the session time. If the Client is late to a session, the Photographer is not required to stay beyond the originally scheduled hour session.

Real Estate Printing Services:

Final art approval is the sole responsibility of the Client and must be reviewed carefully for accuracy prior to printing. Once API has received written approval via email, the layout will be sent to the printer. Verbal acknowledgments are not accepted during the approval process. Timely responses from all parties will result in faster turnaround times. Any changes made by the Client once printing has begun may incur additional reprint fees.

Property Brochures are typically completed within one business day. For guaranteed 24-hour turnaround on any printed materials, a rush fee will be instated. The Client is responsible for providing API with enough notice to complete all print materials if they are required within a particular timeframe.  For all other Print requests, Rush Service is subject to availability and may incur additional fees.

While steps are taken to ensure proper digital press calibrations on the equipment, API cannot be held liable for colour variances with all printed materials. The Client understands that colours may print different than what is seen on their monitor or device. Online digital proofs are supplied to the Client to verify design layout, text/copy accuracy, image proportion, and placement only. Printed samples must be requested prior production.

Signs, Wide Format Print, Apparel, etc. require materials that are ordered on a per-job basis. Cancellation of an order will result in material fees as they cannot be returned.

API reserves the right to reprint and distribute any and all printed materials for API marketing purposes. The Client must provide a written request should they prefer to keep their specific materials private.

API reserves the right to refuse to print any materials that API deems inappropriate for any reason. The Client will be notified immediately and changes will be permitted.

 

Delivery and Direct Mail Services:

The Client should account for delivery time based upon the service selected.  Delivery of print materials via USPS or UPS is at the discretion of the Client and will incur additional costs. API will prepare and hand off the materials to the appropriate carrier, however API is not liable for delivery failures or delays on behalf of the carrier. If hand delivery is selected, API will make a reasonable effort to deliver to the Client or their appointee. If the Client or their appointee is unavailable, the materials will be left at the delivery location and the Client will be notified. API will not be held liable for weather, theft, or vandalism after drop off.

 

Payment Procedures:

 

For photography services, the Client agrees that payment is due by the session. Failure to pay may result in final property images being withheld. For print and marketing services. the Client agrees that payment is due prior to final delivery of any printed materials.  Regarding invoices that require payment for postage, a separate check should be provided to cover that cost. Credit Card payments made towards postage will be subject to a 4% processing fee.  Bank transfer and electronic check are the preferred methods payment, however we also accept checks and credit cards. Checks can be handed to the session Photographer and credit cards can be used over the phone with the API accounting department.

The Photographer is not responsible for setting prices or making adjustments to existing invoices. The Client must contact the API accounting department if there are any concerns with payment procedures.

 

Fees:

Price and fee quotes are not guaranteed indefinitely and are subject to change without notice.

Cancellation of a session with less than 24 hours notice or during the scheduled session will be subject to a $75.00 cancellation fee.

Reshoots will be subject to additional fees.

Standard Real Estate Photography Sessions consist of 30 to 34 photographs. The Client can request 35 to 40 photographs for an additional $20.00. Photographs beyond the ordered session can be provided at a rate of $4.00 per image. Once the images are complete, the Client is required to pay for the additional images. The Photographer will not take additional images without express permission from the Client.

 

Licensing:

API retains ownership of all produced items, including but not limited to photography, design, and content created. API reserves the right to distribute these materials at any time without permission from the purchasing Client. API may use any produced items created under this agreement for sale, advertising, publication, display, or other marketing purposes.

API issues limited license and usage rights to the Client for the use of materials supplied under this agreement in their MLS listing and other marketing materials intended to sell the property under their current contract. The licensing of these materials can only be transferred to another agent or property owner for an additional fee, as levied by API directly. In the event of a violation of the limited license granted, API is entitled to any and all legal remedies.

This agreement incorporates the understanding of the parties involved (the Photographer, the Client, and API and is governed by the laws of the province of Ontario and the country of Canada. Any modifications to this agreement must be in writing and signed by all parties.

If you understand and accept these terms, please check below, sign and date this agreement, then click “Send”.

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