Real Estate Marketing for Brokers, Agents, Commercial and FSBO | Terms of Service

Terms & Conditions

Terms of Service

 

Photographer = Dan M Lee Photography

Client / Agent = Booking Agent Receiving  Services from Real Estate Photography NYC (Online Booking)

 

  1. Copyright and Reproductions

Dan M Lee Photography, Corp  shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, website, or for display within or on the outside of the Photographer’s studio. Entry in photographic contests or art exhibitions will not require written permission from the booking client or agent, who has no claim to the images either commercially or otherwise. 

  1. Client’s Usage Agreement

The Client is obtaining electronic prints for commercial and real estate property listings use only without a photo credit given, and the client shall not sell said prints. If the Client is obtaining a print for newspaper announcement of an event, open house, editorial use or website, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall run a credit for the Photographer adjacent to the photograph at all times, unless agreed to that there is no credit given by the photographer and parent company in writing no less than 30 days in advance. The images are paid for by the Listing Agent and therefore only the listing agent has usage as outlined in this agreement. If another broker or agent wants to use these images he/she must pay for usage rights, plus agree to this contract. A fee of 125% of the original booking fee or $300 (whichever is greater) will apply in these cases. Usage which hasn’t been agreed to will be seen as an infringement of copyright and maybe liable to breach of copyright law, including the fees of recovering such funds. In all cases of usage the entire copyright shall remain with the original Photographer at all times. Full image release can be ordered after the shoot at a cost of $500 paid within 30 days of the shoot completing, only under this condition can the images be free to be used as the client pleases, the client agrees the photographer and associated companies can use the images for commercial online portfolio usage under New York state law.

 

  1. Failure to Perform

If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.

  1. Photographer

The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or of scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.

 

  1. Photographer’s Standard Price List

The charges in this Agreement are based on the Photographer’s Standard Price List. This price
list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

 

  1. Miscellany

This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties where a non online agreement has been confirmed and ticked, it’s also the responsibility of the client to understand this agreement before signing . Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of New York & New Jersey.

We are not responsible for furniture and items in the and outside the property, if an agent asks us to perform alone we cannot move or be responsible for any items of value or otherwise.

 

  1. Cancellation Policy

The following monies returned are made if cancellation has been requested by the client without reason or with reason, without prejudice the following will apply in all cases

Client cancellation outside 36hrs returns 90% of the booking fee.
Client cancellation inside 36hrs returns 50% of the booking fee.
Client cancellation inside 24hrs returns 30% of the booking fee.
Client cancellation inside 12hrs returns 10% of the booking fee.
Client “No Show” returns 0% of the booking fee.

Sales are final and non returnable outside the policy agreed to by the cooking client.

 

  1. Image Delivery & Image Edits

Normally images are delivered electronically inside 48hrs by the photographer, however the client releases liability of the photographer of editing duties performed by parties outside of the photographer’s control. Re-edits can be requested for small changes, large edits will be charged at standard rate of $25 an image.

 

  1. Safety of Photographer & Equipment

Sometimes property damage is present which can pose a risk to safety; the client accepts responsibility of security of the photographer and their equipment while onsite honoring this contract and services booked. Any loss as a result of unsafe property or an unsecure footing will be paid for by the client within 60 days of the contracted work completing. Items covered are not limited to; photographer equipment like camera body, lens, flash, strobe, tripod, portable electronic equipment.

 

  1. Contact Details

It’s the responsibility of the booking client to supply correct contact details of the agent who will be on site as well as their own, without them the photographer can’t confirm the booking. Liability of the booking information is solely with the client and releases the photographer and related companies of liability of not being able to be contactable on the day of the booking. All client contact information will be confirmed by E-Mail the same day. No show for incorrect locations and or contact details is not the responsibility of the photographer and the client releases responsibility or liability of the photographer and related companies.  

 

  1. Same Day Bookings

Will only be done by phone and not facilitated by online booking.

 

12 Free Headshots

Booking is supplied by the discretion of Real Estate Photography NYC and Dan M Lee Photography, Corp. Mutual time that is beneficial to both parties and liability of dates booked provided is subject is change at any time with limited notice. Limited notice is less than 12hrs and the photographer and related companies are released of liabilities due to no show or changes of time. This service is qualified as free when booking with the same agent and the same booking agency company; contact details must be the same to qualify and booking images used in the same publications as the original order  – proof of publication may be required – Service is subject to withdrawal at anytime without notice. Else a charge of $250 will be applied and billed to the booking client and/or agency if these conditions are not met, only one headshot session is given to any qualified customer and may not be used again by the booking agent or realtor or realty company.

 

  1. 360 Degree Images / Virtual Tour

All images are provided in the .JPEG format, the client agrees that images are supplied as is, no editing will be performed on the images received. Image performance, functionality and integration is outside of the deliverable agreement. Liability of the website integration is not part of the his agreement and the photographer is not liable for compatability issues with the website and image supplied.

 

  1. No Shows / Lateness

Our photographers will wait for 20 mins for the booking realtor or the agent that’s expected to arrive onsite.. If the agent or their associate does not arrive at the requested booking time +20 mins the service booked will be made void and marked as a no show. On that basis a rebooking will need to be made at the standard rate. No refunds will be offered on the basis of lateness.

 

  1. Edits and Revisions

Edits are permitted if they are flagged to us within 48hrs of the image delivery, comments can be made on the online system under each image. All comments are passed straight to the editors. Small edits might include hiding a cable or lighting a room brighter; these edits are free of charge at the desecration of the amount of work needed by the editors and photographer  – Heavy work like and not limited to removing objects, furniture are included in the Premium Package only and are charged at $65 per booking. One revision request is accepted per image inside 48hrs only, anything outside of that time frame will be charged the $65 rate for the Premium Package upgrade.

 

  1. Outside of Service Area

Bookings outside of our service area (check service map) and within 400 miles of New York City, NY will attract a fee of $375 per booking. This will be billed at the same time as orders given. Orders outside of 400 miles will be rejected at time of press.

 

  1. Reshoots

Reshoots are paid for at the standard rate, if in the event of a complaint the reshoot will occur at 10% off the standard rate.

 

Terms and Conditions for Google Street View – Trusted Photographer


  1. Background. This Agreement is between the Photography Service Provider (the “Service
    Provider”) and the business whose premises are being photographed for the Google Maps Street View | Trusted Program (the “Business”).

  2. Service Fee Payment. Service Provider and Business will agree on an amount for the Street View | Trusted and related services (“Service Fee”), and the Business will pay the Service Fee after Service Provider takes the Photographs (as defined in Section 3 below).

  3. Services and Ownership of Photographs. In exchange for the Service Fee:
    (a) Service Provider will take photographs of those portions of the exterior and interior of the Business premises designated by the Business as acceptable for photographing in connection with the Street View | Trusted Program (the “Photographs”);
    (b) Service Provider will use commercially reasonable efforts to ensure that the Photographs meet the Google Maps Street View | Trusted Program’s technical specifications;
    (c) Service Provider hereby assigns (or will procure the assignment of) all ownership rights in the Photographs (including intellectual property rights) to Business;
    (d) To the extent permitted by law, Service Provider will obtain:
    (i) Waivers from all of Service Provider’s personnel in respect of any “moral rights” that such personnel may have in the Photographs, including any right of attribution; and
    (ii) Assignments by Service Provider’s personnel to the Business of all moral rights in the Photographs.
    (e) Service Provider will upload the Photographs to Google for processing and use in accordance with Section 4 below.

  4. Terms Governing the Uploading, Processing, and Use of Photographs.
    (a) Google Terms of Service. Business agrees that the uploading, processing, and use of the Photographs will be governed by Google’s standard online terms of service for such Photographs as set forth at https://www.google.com/maps/ or such other URL/Additional Terms as Google may designate from time to time (collectively, the “Google Terms of Service”).
    (b) Authorization to Upload Photographs to Google for Google’s Use. Business hereby authorizes Service Provider to upload the Photographs to Google on Business’ behalf and licenses the Photographs for Google’s use in accordance with the Google Terms of Service.

  5. Limited License to Service Provider. Business grants Service Provider a nonexclusive license to use a reasonable number of images created under this Agreement as “samples” or “portfolio copies” for Service Provider to archive examples of Service Provider’s work and to advertise or market Service Provider’s professional services.

  6. Time and Date of Services. Upon signature, Service Provider will reserve the time and date agreed upon to provide the photographic services. All Service Fees are non-refundable except as described in Section 7 below, or unless Service Provider agrees in its sole discretion to permit a rescheduling of the services.

  7. Refunds. Service Provider will refund all Service Fees to the Business (but will have no further liability with respect to the Agreement) if Google rejects the Photographs for failure to meet the Street View | Trusted technical specifications and Service Provider does not correct the failure after re-photographing the Business at a mutually- agreed upon time.

  8. Insurance. Service Provider will carry comprehensive general liability insurance coverage for Service Provider’s activities on the Business’ premises.

  9. Confidentiality. This Agreement is confidential information. Business will not disclose or make this Agreement available to any third party except (a) Google; (b) as specifically authorized by Service Provider in writing; or (c) when compelled to do so by law if Business provides reasonable prior notice to Service Provider.

  10. Limitations on Liability.
    (a) except for breaches of confidentiality, (i) neither party will be liable (under any theory or circumstance) for lost revenues or indirect, special, incidental, consequential, exemplary or punitive damages, and (ii) neither party’s aggregate liability for any claim arising out of or related to this agreement will exceed the amount of the service fee.
    (b) google’s use of the photographs is governed solely by the google terms of service in accordance with section 4 above. in no event will google be liable to either business or service provider (under any theory or circumstance) for any direct or indirect, special, incidental, consequential, exemplary or punitive damages arising out of or related to this agreement.

  11. No Warranties. In connection with this agreement, Service Provider makes no representations and, to the maximum extent permitted by law, disclaims all warranties, express or implied, regarding the photographic services or the photographs, including any warranties of merchantability or fitness for a particular purpose.  Service Provider makes no representation or warranty that the photographs will ultimately be displayed by Google.

    12. Modifications. Any modification of this Agreement must be (a) pre-approved by Service Provider in writing, and (b) reflected in a written agreement that is signed by both Service Provider and the Business.

  12. Entire Agreement. This Agreement incorporates the entire understanding of the parties relating to its subject and supersedes any prior or contemporaneous agreements on that subject.

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Terms and Conditions for Paid & Free Zillow Walkthrough

 

  1. Free Zillow Walkthroughs (FWZ) are offered but not a guaranteed service, if no other bookings exist which are Paid Zillow Walkthroughs (PZW), then the tour will be shot.
  2. PZW will always be priority and in this agreement the Agent agrees that the FWZ is available at the Photographer’s discretion.
  3. No audio is recorded for the entire shoot
  4. No additional lighting is provided for the shoot
  5. No editing is provided for the shoot
  6. If multiple bookings are the system for FZW the first booking will take priority
  7. No notification will be given if the Agents booking obtains the free offering until the day of the shoot
  8. Agent agrees the final cut is provided as is, no reshoots or retakes are permitted
  9. The shoot can ONLY be used for ZIllow listings

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Terms and Conditions for SEO & Websites

 

  1. All SEO services are created with best practices but in no way does it guarantee the “first page on google” the client understands that SEO, especially new campaigns take up to 12 months to gain traction. 
  2. During the campaign the changes to the website made by us and or godaddy SEO services and must remain in effect for the duration of the campaign. 
  3. Admin access must be provided and the client must agree that we have access to the websites code, if during discovery we are unable to obtain access the full months billing will still apply.
  4. All payments are made in advance of any work carried out.
  5. URL must not be changed during the campaign or major structure to data or content unless part of the campaign. 
  6. We will provide monthly reporting to the client within 7 days of monthly cycle ending. 
  7. All external content will remain the copyright of REPNY and DMLP, Corp.
  8. Our methods disclosed to our clients will remain confidential and under this binding contract of non-disclosure, accepting our SEO service means the client agrees to this term. Any disclosure to 3rd parties beyond those named in the contract will be met with legal action and damages claims. 
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