TERMS of BILLING and PHOTOGRAPHY AGREEMENT AND LICENSE – TERMS AND CONDITIONS
Payment will be subsequently debited at any time after service for the amount owed to merchant as detailed in your estimate. All of your information will be stored securely. After services are completed, you will be charged for those services and emailed a paid, completed invoice.
Please give as much notice as possible for cancellations. If appointments are cancelled an hour before the appointment or the photographer arrives and the appointment needs to be cancelled, rescheduled or the house is not ready, there is a minimum $45.00 charge, depending on distance traveled.
“Products” include but not limited to: Real estate photography-Interior, Exterior, Amenities, Community and Aerial Drone Images, Virtual tours, 3D Tours, Floor plans, Videography.
Rights of Client: Use of the Products by Client and Client’s multiple listing service (MLS) for marketing and sale of the Property during the term of Client’s listing agreement OR for the purpose of renting a vacation rental. You agree that the Rights to use the Products have been granted only to you for the purpose of selling or renting the property. You agree not to transfer, assign or sublicense your Rights to use the Products, or the photographs contained therein, to anyone without our written permission.
Client understands that My Visual Listings Orlando may employ the services of a subcontractor to conduct certain work for the Products. Client agrees he or she will neither solicit any subcontractor of My Visual Listings Orlando, nor accept the services from MVL’s subcontractor following the completion of delivering Products.
If you have paid us in full, you have the Rights to Use the Products for the designated purpose. Our Fee is payable upon delivery of the Products. If for any reason payment is not made within (30) days from the date of delivery of the Products, the Rights granted to you will terminate automatically.
When you receive the Products from us please check them to be sure they are acceptable. Any additional services requested after delivery of the Products will incur an additional fee after five (5) business days of receipt of the Products. To avoid misunderstandings you agree to notify us in writing with five (5) business days of receipt of the Products if you believe they are not acceptable, in which case our sole obligation will be to fix/replace the Products.
You agree that we will remain the owners of all the copyrights in the Products. ALL PHOTOGRAPHS ARE THE COPYRIGHT OF THE COMPANY: d.b.a My Visual Listings Orlando. This agreement does not transfer copyright to you. You agree we reserve all rights not granted to you by this agreement. Your Rights permit you post our Products on multiple listing services (MLS) and your social media for selling the Property. However, your Rights do not permit third-parties to copy, display or distribute our photographs for the purpose of providing services competitive with the Products you have purchased from us unless we give you our written permission.
If anyone asks you for any of your Rights to the Products, you agree to refer them to us. If we agree to allow others to use the Products an additional licensing fee may be required.
You authorize us to come onto the Property and take photographs. You have the authority to allow us entry and permit us to take photographs. In no event will we be liable for incidental or consequential damages of any kind. You agree to indemnify us and defend us if a claim is made against us arising out of the services we perform for you. We are an independent contractor and not your employee. You are not our agent and cannot make agreements for us.