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TERMS AND CONDITIONS

SCHEDULING AN APPOINTMENT
You can schedule your appointment online, via email, phone, or text. Please provide the exact address, gate codes or lock box numbers, and homeowner name and contact information, if possible, or the name of the person who will be at the premises. At least one person over 18 must be present. You (The Client) are expected to have accurately entered or communicated all pertinent information at the time the order is placed. We reserve the right to update incorrect information and adjust the pricing of the order to accurately reflect the order (ex. The client enters that the property is 1,200 square feet but it is actually 2,400 square feet).Pricing reflects the cost for a residential dwelling up to 4,500 square feet. For larger dwellings or commercial properties, commercial pricing will apply. Please call for pricing or a customized quote.

RESCHEDULING AND CANCELLATIONS
We completely understand that sometimes, things just come up that nobody can foresee. When this happens, you may reschedule or cancel your session via the confirmation email you received upon booking. If you need to reschedule or cancel your appointment, please do so a minimum of 4 hours before your appointment. Failure to do so will result in a $100 surcharge fee. Second visits have a surcharge of $50 added to your package, but the original payment will be discounted from your total. Ultimately you will pay $50 more per extra visit than your original expected payment.

HOME PREPARATION
Did you know that a house that photographs well sells faster and closer to or over the asking price? You are expected to have the property ready and staged prior to the photo shoot. It is highly recommended that you work with a professional stager to get the home ready and to ensure that it shows to the best of its potential. Upon booking, you will also be provided with a link to our Photo-Ready Checklist, with instructions and great tips on preparing the home before the photo session. Listings are expected to be cleaned and in "Photo-Ready" condition prior to your scheduled session. Listings that are not ready prior to our arrival will be photographed as-is, or we can reschedule for a later date, following our Scheduling Policy rules above.

 

THE DAY OF THE SHOOT
It is always required to have someone over 18 present during the shoot (unless the home is vacant and you've provided the property's lockbox code). You, your assistant, or the homeowner can help move certain items I may need to set up a scene. A typical photo shoot takes between 45 minutes to 1 hour depending on the size of the property. Time also varies if you order several services together. Tenanted homes need to be accompanied by the owner or property manager or by listing agent or representative. The photographer will not enter a property with tenants alone regardless of their age.

 

INCLEMENT WEATHER
Clients are responsible for checking weather prior to booking. But let's face it, New England weather can be very unpredictable. As a direct result of the unpredictability of the New England weather system, we try to hold our sessions regardless of precipitation. If an appointment is booked regardless of the weather, the services offered might be limited. This includes aerial photos and videos. Upon booking client assumes acceptance of resulting photographs or the cost of a second visit. There is no charge to reschedule due to weather, so long as it's done prior to the scheduled time. If the photographer arrives a surcharge may be applied to reschedule.

 

SERVICE AREA & TRAVEL FEE
Our standard service area is a 10-mile radius from our office location on Island St., Lawrence, MA. For properties outside of this radius there is a travel fee added to the cost of photographing the property. The travel cost will be calculated automatically from the listing address and presented as soon as you input the address in the booking page. No surprises.

 

PAYMENT POLICY
Upon scheduling your appointment you agree to adhere to this payment policy and pay all invoices as agreed. All invoices are sent via email and are due upon receipt. We accept payment via online checks, check by mail, and credit cards. Venmo and Cashapp are also accepted with prior discussion. NO CASH. All transactions are recorded in Client records and end-of-year Tax Statements can be provided upon request. Past-due Invoices will be assessed a $50 late fee every 30 days from the date of service. If a Check is mailed prior to the late fee, we will remove the fee and consider the invoice current. The invoice is the responsibility of the person requesting the service.

 

DELIVERY OF PHOTOGRAPHS 
Unless otherwise discussed, all files are delivered as an online gallery via email by 5:00pm on the day following your photography service. We make every effort to deliver prior to this time, though during busy seasons it may take until 7:00 pm.

 

HOSTING
JM Real Estate Photo LLC will guarantee media hosting for one-year from appointment date, with the exception of Matterport 3D Tour & Floorplan. Matterport media will be stored until sold, with a maximum of six months. Once the hosting time expires, the user is responsible for permanent media storage.
LICENSING COPYRIGHTS AND PHOTO USAGE

 

GRANT OF RIGHTS
You hereby grant to JM Real Estate Photo LLC, and its affiliates, contractors, commercial partners, licensees, successors and assigns a non-exclusive, perpetual, fully transferable, sublicensable worldwide right and license, to create, reproduce, display, transmit, and distribute the Work through any and all media now known or hereinafter developed. The "Work" is defined as photo(s), video(s), and/or 3D content, floor plans, graphics, audio, animation, constituent files, and other visual content of the property produced under these terms including any derivative works created therefrom. Any and all rights not expressly granted here are reserved to JM Real Estate Photo LLC , including copyright and ownership rights in the Work. JM Real Estate Photo LLC reserves the right to use the Work for the company's portfolio, samples, self-promotions, entry in contests or exhibitions, editorial use, or for display within or on the outside of JM Real Estate Photo LLC premises. JM Real Estate Photo LLC further reserves the right to assign, transfer, license, distribute, or syndicate the Work and any and all rights in the Work to its commercial partners. Except as explicitly set forth herein, You have no ownership rights in the work and no right to sell or license the Work to any third party or copy, modify, reproduce, or create derivatives of the Work without the prior written consent of JM Real Estate Photo LLC.

 

USAGE RIGHTS
In exchange for the Grant of Rights set forth herein, JM Real Estate Photo LLC grants to You the right to use the images created from the Work and provided to you by JM Real Estate Photo LLC for purposes of marketing and promoting the Property, promoting Your real estate business and/or the listing(s), Your brokerage(s), and/or Your business(es) ("Your License"). Your License is non-exclusive, non-transferable, covers all territories and media, and is for an unlimited time on websites owned by You. You may authorize third-party websites such as, but not limited to, Multiple Listing Service (MLS) or real estate listing portal websites to display said content solely for the purpose of advertising the subject listing, for as long as said listing is actively listed for sale by that listing agent. Your authorization to third-party websites will automatically expire once said listing is no longer available for sale or any relevant listing agreement between the Property owner and the listing agent has ended, whichever comes first.JM Real Estate Photo LLC LLC grants exclusive and limited non-transferable rights of all images produced for agent and its broker to use by said agent and/or broker for marketing materials and campaigns associated with the subject property and for the agent’s self-promotion. The photos may also be used by the agent’s parent company for the sole purpose of marketing the specific property photographed. Permissions and usage rights will only be available to client upon payment of rendered services unless prior agreement and allowance by photographer.Please note however, that all the images are owned and copyrighted by the photographer, and a non-transferable license is granted only to the agent and the agent’s parent company and not to any third parties or agents within nor outside of the parent company. Any usage of the images by a third party, including but not limited to other agents, brokers, architects, builders, stagers, designers, sellers, or buyers, is strictly prohibited unless additional licenses are acquired from the photographer. Images are not transferable nor sellable without the express consent of the photographer.

 

RELEASES, LICENSES, AND AUTHORIZATIONS
By contracting with JM Real Estate Photo LLC to produce the Work, You warrant and represent that You are authorized to enter into this Agreement with regard to the Property and You certify that You have obtained all appropriate and necessary releases, permissions, waivers, licenses and/or authorizations (hereinafter "Clearances") for the Grant of Rights and Usage Rights set forth in these Terms and Conditions, including but not limited Clearances from the owner of the Property and any other owners of intellectual property rights contained in, on, or around the Property and captured as part of the Work, including the underlying architectural work. You further warrant and represent that the Property owner and any occupants of the Property have waived any expectation of privacy rights in relation to the images captured and distributed in accordance with the grant of rights hereunder. You agree to indemnify and hold harmless JM Real Estate Photo LLC against any and all claims, costs, and expenses, including attorney's fees, due to uses of the Work for which You did not obtain the appropriate Clearance including uses that exceeded the Clearances actually obtained by You.

 

INDEMNIFICATION/HOLD HARMLESS
In addition to the terms and conditions contained herein, You shall also indemnify and hold JM Real Estate Photo LLC LLC, its officers, members, employees, contractors, licensees, sublicensees, agents, successors and assigns harmless from and against any and all liability, claims, injuries, damages, loss, expense, (including court costs and reasonable attorneys' fees) resulting from the performance of this Agreement, or any distribution or use of the Work created hereunder resulting from Your breach of any warranties, representations or certifications hereunder, or resulting from Your negligent or intentional acts or omissions and/or those of Your officers, agents, independent contractors, employees, family members, invitees, licensors, the Property owner, and/or guests.

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