Photo + Video Terms and Conditions.

Purpose of the Agreement

Client wishes to hire Vendor to provide services relating to Client’s as detailed in this Agreement. Vendor has agreed to provide such services according to the terms of this Agreement.

Terms

Photography / Video for listing property/ies agreed upon between both parties.

HDR photographs are to be delivered to CLIENT within 1 business day. A rush fee of $75 incurred for photographs required sooner than one business day. If any digital corrections are required after final delivery of all images, an additional fee may be incurred. 

CLIENT will obtain permission for PHOTOGRAPHER to be on and photograph and record any land, property, and/or buildings of the address specified by the CLIENT at an agreed-upon date and time.

This contract remains in effect for any photography and/or recordings of person(s) or building(s) for the real estate & listing purposes of CLIENT as well as for advertising and promotion of the property. 

1. In consideration for the photography services provided by Claridge Media LLC (PHOTOGRAPHER),  (CLIENT) agrees to pay the current rates of Claridge Media LLC in full upon delivery of all final images and recordings. 

2. PHOTOGRAPHER may request that vehicles / outdoor equipment or personal items be move as needed for each image. PHOTOGRAPHER will use discretion to digitally enhance or remove personal items, grass, or sky. PHOTOGRAPHER will not drastically alter the physical representation of the property, item and/or buildings. 

3. Digital photographs shall be delivered to CLIENT via Google Drive within one business day. Any Video recordings required will be delivered to CLIENT via Google Drive within two business days. 

4. CLIENT shall assist and cooperate with PHOTOGRAPHER in obtaining the desired photographs, including but not limited to specifying scenes to be photographed; taking time to set the scene for photographs at PHOTOGRAPHER’S direction; if necessary, providing guidance to desired scenes; pre-shoot consultations, prepping listing for photographs etc. PHOTOGRAPHER shall not be responsible for photographs not taken as a result of CLIENT’S failure to provide reasonable assistance or cooperation.  

5. PHOTOGRAPHER retains copyright, and hereby grants CLIENT unlimited but non-exclusive rights to use or reproduce the photographs for use by and for the CLIENT. CLIENT may not enter photographs into contests or sell photographs.

6. PHOTOGRAPHER may use photographs of CLIENT ’s listing and/or CLIENT’s likeness for use in advertising, marketing, and education. 

Applicable Law: This contract shall be governed by the laws of the County of Chelan USA in the State of WA and any applicable Federal law.

Services

Vendor shall provide Client with the following services and/or products ("Services"):

Location and Delivery of Services

Location. Vendor shall deliver Services to CLIENT at the location(s) specified to the VENDOR and upon the date and time agreed upon between Vendor and Client.

Delivery of Services. Vendor will provide all Services by agreed upon date and deliver all digital products within 1-2 business days upon completion of the photography shoot.

Cost, Fees and Payment

Cost. The Client agrees to pay the total current rates and/or fees for services by Vendor. Current rates and fees are found on Vendor's website. 

Intellectual Property

Permitted Uses of Product(s). Vendor retains copyright for all products and grants to Client a non-exclusive license of product(s) produced with and for Client's own business and listing purposes. Products may not be attributed to any other person or vendor. Client does not have permission to sell products nor enter products into contests.

Impossibility

Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

• A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or

• War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or

• Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

Failure to Perform Services. In the event Vendor cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

• Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and

• Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and

• Excuse Client of any further performance and/or payment obligations in this Agreement.

General Provisions

Governing Law. The laws of Washington State govern all matters arising out of or relating to this Agreement, including torts.
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.