By engaging the services of DOMOPHOTOS.com, herinafter referred to as “DOMOPHOTOS” (“us”, “our”, “we”) You, hereinafter referred to as “You” certify that You have read and agree to the following Terms and Conditions (“Agreement”), and make this Agreement effective for all purposes in all respects by and between “DOMOPHOTOS” and You relating to “Services” and “Products” detailed below, hereinafter referred to as “the Shoot(s).”
This Agreement contains the entire understanding between DOMOPHOTOS and You. It supersedes all prior and simultaneous Agreement(s) between the parties. The only way to add or change this Agreement is to do so in writing, signed by all parties. In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this Agreement or any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.
You are responsible for acquiring all necessary rights, titles, authority, permits, and permission for all locations on which we will be performing our services.
A deposit of 50% of the total price is required to reserve the dates and times of Your Shoot. Your payment represents acceptance of and agreement to our Terms and Conditions herein. I.e. You accept this Agreement by making a payment and scheduling Your Shoot.
The aforementioned 50% deposit is due at the time of scheduling Your Shoot(s). The remaining balance is payable in full prior to or on the day of the Shoot before the Shoot begins. In the event that You fail to remit payment as specified, we shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid, and not attend the Shoot.
Returned checks will be assessed a $75 non-sufficient funds fee.
You may cancel or reschedule Your Shoot at any time prior to the twenty-four (24) hours leading up to the Shoot.
If, for any reason, You cancel your Shoot with less than a twenty-four (24) hour notice; or if there is a breach of contract by You, the deposit is non-refundable and shall be liquidated damages to us. You shall also be responsible for payment of any of our materials charges incurred up to the time of cancellation.
If You reschedule a Shoot with less than a twenty-four (24) hour notice, You shall be responsible for a $50.00 rescheduling fee.
In the event of unfavorable weather on the day of Your Shoot, You may opt to reschedule to our next available opening without incurring a rescheduling fee.
You may also opt to proceed with Your Shoot(s) as originally scheduled regardless of weather conditions. In this case, understand that your photos will reflect the weather conditions at the time of the Shoot(s) - clouds, rain, etc.. Prices do not include digital processing to correct for unfavorable weather conditions (clouds, rain, etc.) when, and if those corrections are possible.
In some severe weather conditions, we cannot risk damage to our camera equipment and will not be able to shoot regardless. In these instances, Your Shoot(s) may be rescheduled to our next available opening without incurring a rescheduling fee. (During time-sensitive scenarios, we give you the option of having interior images taken that day and having us return at a more optimum time for exterior images - some processing fees may apply.)
We reserve to right to terminate coverage and leave the location of the Shoot, and charge You the full fee of the Shoot, if the photographer/videographer experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the Shoot; or in the event that the safety of the photographer/videographer is in question due to, but not limited to: A) unrestrained animals, B) hazardous materials, C) hazardous waste, D) hazardous air.
ADEQUATE WORK ENVIRONMENT/ACCESS TO PROPERTY:
We reserve to right to terminate coverage and leave the location of the Shoot, and charge You the full fee of the Shoot, if the photographer/videographer cannot adequately capture the property once they arrive due to reasons beyond our control such as, but not limited to: A) The inability to gain access to the Property/Home (“the Shoot location”), B) Excessive clutter and mess C) Unfinished construction work D) Contractors working on site.
It is Your and/or the Property/Home Owner's responsibility to have the Property/Home in photo ready condition prior to the photographer/videographer arriving. The photographer/videographer may make minor adjustments to improve the composition of the images/videos. Due to liability reasons, photographer/videographer will not move furniture or make significant changes, clean the Property/Home, etc..
Be sure to read the Shoot Prep Guide several days prior to Your Shoot(s) in order to make sure You are ready for us to capture the best possible images.
LIMIT OF LIABILITY:
In the unlikely event that the assigned photographer/videographer is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond our control, we will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the Shoot(s).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond our control, including but not limited to camera, hard drive, or equipment malfunction, our liability is limited to the return of all payments received for the Shoot(s). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. We are not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
DAMAGE TO PROPERTY:
We are not responsible for any damage to the Property caused by any Agent or photographer/videographer representing DOMOPHOTOS during the provision of Services. You and DOMOPHOTS agree to indemnify DOMOPHOTOS and its Agents for any claim that may arise relating to damage to any person or property.
CAPTURE AND DELIVERY:
We are not liable to deliver every image/video clip taken at the Shoot(s). The determination of images/video clips delivered to You is left to our discretion; as long as the agreed upon number of images/videos and image/video subjects captured in the images/videos relevant to the Shoot(s) Package and/or Service Product(s) are present.
To get the best possible results, our photographer/videographer will Shoot the Property/Home based on experience, the Property’s/Home’s condition, lighting, and other factors; making necessary compromises such as, but not limited to: A) Shooting around obstacles B) Compensating for angles of the sun.
Acceptance of these terms waives Your right to reject captured deliverables on the basis of style or composition.
POST PRODUCTION AND EDITING:
The final post production and editing styles, effects, and overall look of the images/videos are left to our discretion.
DOMOPHOTOS retains all copyrights expressed and implied for all images/videos captured - physical or digital copies alike; including all audio, graphics, and design elements.
Copyright is not and will not be transferred to any other party.
Licensing may be obtained for various applications of images/videos. Please contact us for more details.
LIMITED LICENSING RELEASE:
In order for us to provide You with the best service possible at a reasonable price, we do not sell our photographs and/or their copyrights. We license their use to You. The fee quoted is especially dependent on (A) payment of the invoice in full, (B) using the photographs/videos only as indicated, and (C) protecting them by Federal Copyright Law (all rights reserved), with a proper copyright notification.
This Agreement is a Limited License Photo Release to You (“Licensee”) and You alone.
Images, Videos, and all implied content delivered are licensed to You for:
- The purpose of listing a property only.
- Term of the listing, not to exceed 1 year.
- A primary (1) photo can be used for a longer duration for additional “sold” marketing materials.
Only You have permission to use the delivered Images (and all implied content) on any electronic or printed form of advertisement for the promotion of the property.
Builders, stagers, designers, or “third parties” that wish to use images must contact us directly for licensing and fees. In addition to payment, a property release must be obtained from the homeowner by that third party.
If You are planning to use a professional digital staging service with our Images, please notify us in advance. To keep quality standards high, we will provide You with the appropriate file sizes (some fees may apply). In any other case, for image integrity, and quality control, Images (and all implied content) may not be altered once delivered.
Please contact us for an additional release for any/all printed and online publications. Fees may apply. (This does not apply to any pamphlets made by You in relation to the advertising and sale of the Property.)
Photo credit must be given to DOMOPHOTOS.com when used on any and all social media sites.
Images cannot/will not be made available to another agent who takes over an expired or withdrawn listing.
Unauthorized use of images is a violation of copyright law, and will result in termination of this contract.
Virtual tours will remain active as long as you require; not to exceed 1 year; terms of which will be the same as above.