TERMS, CANCELLATION POLICY, COVID-19, AND QUICK TIPS
QUICK TIPS TO PREPARE PROPERTY
- Inform the photographer if there are any gate codes.
- Make sure no vehicles are parked in the driveway or directly in front of the property.
- Remove all clutter, clothes, food, dishes, and random personal items from view.
- Make sure all fans are off and all lights are on.
Full payment of shoot total is required before booking shoot unless otherwise stated by Devonvp Photography during scheduling/booking. If payment is not made after the photos have been delivered and posted to the MLS, I am within my right to contact the local MLS, Board of Realtors, and/or any connected Brokerage and demand to cease and desist usage of the photos until the amount due is paid.
Walkthrough videos will be delivered as a ~90 second video via DropBox. Walkthrough Videos will show highlights of the property as decided by the photographer's best judgement. It is the photography client's responsibility to inform the photographer if any features must be included on video. The Length of the video may vary.
All Matterport Tours include free hosting for up to two months after published. Close to the end of this two month period, the client will be contacted via email to be asked if they'd like to pay a monthly fee of $10 to keep the Tour active, or if they'd like to let the Tour expire. If no response if given after 5 business days, the tour will expire. Once expired, a tour may be gone forever. Any reshoots requested to replace an expired tour will be subject to the full fee for a Matterport Tour.
The property must be ready to photograph at the agreed shoot time. I will make my own best judgement to shoot the property or call and inform the agent that a cancellation is suggested. Any cancellation made due to an unready house is subject to a cancellation fee. I am not responsible for any unwanted objects/clutter being visible in the final photos. If a property shoot takes longer than the standard allotted time for the property size due to an unready state, the photographer may leave to attend another appointment, whether or not the property shoot has been completed. No refund will be provided.
Next day delivery is most common, but may be delivered anytime within 48 hours after the shoot day via a DropBox link. No final image count is guaranteed. No scene altering edits (sky replacements, item removal, greener grass, fireplace edit, etc) are guaranteed, nor should they be expected unless otherwise discussed with your photographer. All delivered media are subject to my standard MLS Licensing agreement.
If an appointment is cancelled within two hours of the appointment time, or the property is not ready to be photographed and a cancellation is made on site, the photography client is required to pay a cancellation fee of 50% the shoot total (minimum fee of $100) plus travel fee (if there was any). Any cancellations due to weather, as made by the photographers own judgement, are not subject to cancellation fees. Why Do I have a cancellation fee?
The availability of Aerial Add ons are subject to local ordinance and FAA law. Close proximity to an airport may make obtaining aerial shots impossible due to these laws. The photographer may decide not to pursue any shots/angles he believes to be unsafe or prohibited. Poor weather may lead to a cancellation of Aerial Add ons, in which case, the aerial add on can be rescheduled or refunded. Due to the nature of aerial photography, no specific shots or angles can be guaranteed.
Why Do I Have A Cancellation Fee?
Due to the nature of Real Estate Photography, It is important that I not only book as many appointments as possible per day, but that I also try to book each appointment as soon as I'm available to ensure that my clients do not book a different photographer that may be more available. The purpose of my cancellation is not only to recoup any potential losses from blocking out an appointment, but also to incentivize clients to make sure the properties are ready to shoot and prevent cancellations from happening in the future. I ask that you don't take this fee personally and understand that it is a necessary practice to protect my business and primary source of income. Thanks!
My Standard MLS Photo Licensing Agreement
TLDR: These are the terms standard to the Real Estate Photography Industry and satisfy the requirements laid out by your local MLS and Board of Realtors. Essentially, You have the right use the delivered media in any way to advertise the sale of the property, but you may not send the images to others for any primary purpose other than to advertise the sale of the property. Do not send the photos to Stagers, Builders, Contractors, Decorators, etc.
All rights and licensing permissions granted by me are void and/or inactive until the photography fee is paid in full.
RIGHTS: All Photos and rights relating to them, including copyright and ownership rights in the media in which the Photos are stored, remain the sole and exclusive property of the Photographer. This license provides the Client with the limited right to reproduce, publicly display, and distribute the Photos only for promotional or advertising purposes directly related to the sale of the Property. Photos used for any purpose not directly related to the sale of the Property must be with the express permission of Photographer and the payment of additional fees, unless otherwise agreed to in writing.
Photos may be uploaded to any MLS listing service solely for promotion of the Property during the pendency of this Agreement. However, regardless of any terms and conditions of the MLS, at no time does this Agreement provide Client with the right to transfer copyright, or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106. Photos may contain copyright management information (CMI) at the discretion of the Photographer in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to the Photographer for any penalties and awards available under the statute. Client is responsible for ensuring that the Photos are removed from MLS databases at the expiration of this Agreement.
Unless otherwise specifically provided elsewhere in this document or other signed agreement between the parties, any grant of rights is limited to a term of either one (1) year from the date of this Agreement, or (2) at the termination of Client’s representation of the Property, whichever occurs first. Further use of images beyond one (1) year requires Photographer’s permission and additional fees. Rights are assigned to the Client immediately upon delivery of the Photos and after the entirety of the photography fee is paid to the photographer.
Please ensure that all persons in a property are not sick. If sick with COVID, the flu, a cold, etc. please reschedule. If mandates are in place please wear facemasks and stay 6 feet apart from us when we enter the property. This will ensure everyone's safety.
Please read through and send the info down below to your client, in order to have us do minimal touching of surfaces, and be in and out of a property a lot sooner: https://www.devonvp.com/post/_tips
Thank you so much for reading!