These Terms and Conditions cover each and every order and form part of the agreement between us. No variation of any term or condition set out will be effective unless agreed in writing by us both. Your use of the products (hereafter “Media”) signifies the acceptance of these terms and conditions:
The fees I quote are for the original job description you present. Any subsequent changes, whether made orally or in writing, may result in additional charges. The expenses are estimated in good faith. Actual expenses, which may be greater or less, will be invoiced.
All fees and expenses payable under this agreement are required irrespective of whether you make actual use of the Media. You agree to make payment within 14 days of invoice. Late payments will be billed a $20.00/month handling fee and 1.5%/month interest. When the estimated expenses exceed $500.00, you will pay them in advance of the shoot. When the estimated expenses exceed $500.00, ½ (half) of the estimate may be paid on the day of booking, and ½ (half) upon delivery of Media. Our agreement becomes effective upon receiving the initial deposit requested on the invoice.
I am not liable for you sending payment, whether physical check or digital transfer to an incorrect location. Please make checks payable to Sky Makai Photography. Preferred method of digital payment is Venmo/CashApp to @skymakai. Apple Pay to firstname.lastname@example.org. Payments via PayPal *friends transfer* to email@example.com. Credit Cards are accepted with a transaction fee.
All Media produced in connection with this agreement may be used only by you; for any marketing associated with the current sale of the property in accordance with local MLS rules (if applicable). Please note that the Media will be copyrighted by Sky Makai Photography and license is granted ONLY to you and NOT to any third party. Any usage of the Media by a third party, including but not limited to architects, builders, stagers, designers, home owners, sellers or buyers is prohibited unless approved in writing by me. If for any reason payment is not made within (30) days from the date of delivery of the Media, the Rights granted to you will terminate automatically.
Grant of any reproduction rights to the you is conditioned upon receipt of payment in full. All rights not expressly granted shall be reserved. Modification of photograph(s) and/or incorporation of photograph(s) or Video in any layout or concept shall not constitute a Joint Work (that is, when two or more parties prepare a work with the intent to combine their contributions into inseparable or interdependent parts).
6. ADDITIONAL USAGE
If you wish to make additional use of the Media not covered in the initial agreement, you will obtain my permission and pay an additional fee to be agreed upon.
7. CANCELLATIONS & POSTPONEMENTS
I track the weather carefully and will be in touch with you about it as our booking approaches. However, it is your responsibility to reschedule if conditions are not suitable to you. In the event you cancel or postpone a shoot, not caused by unfavorable weather or by myself, you will pay all expenses I have incurred up to the time of cancellation (if applicable). If a shoot is canceled within 48 hours of departure for the shoot, you shall also pay 50% of the anticipated photographic fee and 100% of the fees of any subcontractors booked for the job. Cancellations on the day of the shoot, you will pay 100% of the photographic fee and 100% of the fees of any subcontractors booked for the job.
The manner and method of creating any Media is solely at my discretion and you have no right to control my manner and method of performance. You have spent a satisfactory amount of time reviewing my previous work and have a reasonable expectation that I will create the Media in a similar manner and style unless otherwise specified. You agree to provide a written list of important features to capture at least 24 hours before the scheduled appointment. I will use my best efforts to: (a) ensure that the Media conform to your specifications; and (b) submit all Media to you in publishable quality, on or before the applicable deadlines.
You hereby indemnify and hold me harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from your use of my work. I similarly indemnify and hold you harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from my negligence.
10. TURN AROUND TIME
Normal schedule for processed photos is 3-5 business days after the day of the shoot, plus required time for any additional retouching requested. Edited video is typically delivered within 10-14 days of the shoot plus required time for any additional retouching requested.
Basic editing and clean-up (color correction, toning, spotting, simple blemishes removed) are included in the price of the service. Other complex retouching or alteration of natural features you request will be billed at $75.00 per hour.
12. STAGING & HOME PREPARATION
I will make a reasonable effort to remove litter, stray objects, etc. from the rooms; this does not include things like making beds or arranging furniture. However please note that staging and home preparation does not fall under my responsibility. You are expected to have the property staging and cleaning completed prior to the photo shoot. All properties will be shot “As Is.”
My ‘Home Preparation Checklist’ can be downloaded here: https://bit.ly/3eZsrcY
13. MEDIA REVIEW
Media will be delivered via Vimeo, Dropbox, iCloud Drive, Amazon Drive or other digital delivery option unless you specifically requests physical delivery via USB drive. Delivery via USB drive may incur additional costs. You agree to review and accept the Media in a timely manner. Should any of the Media require further editing or reshooting, I must be notified of requested changes within 72 hours of delivery. After which the Media would all be deemed as accepted and any further editing or reshooting may be additionally charged for. Any published use of the Media deems the work as accepted.
14. SATISFACTION GUARANTEE
I will, at my discretion, provide one return visit to reshoot part or all of the property should you not be satisfied with the imagery results. This guarantee is specifically excluded and will not apply when claimed due to weather conditions at the time of the shoot, the property not being adequately prepared and “photo-ready” at the time of the shoot, or any other situation that I have no direct control over or due to your oversight. Reshoot must be requested within 72 hours of delivery. Any published use of the Media deems the work as accepted.
15. HOSTING AND ARCHIVING
I will keep the original media on file for quick retrieval for a period of six (6) months from the date of the shoot. After which the media will be moved to cloud storage and you will be charged an archive retrieval fee for re-delivery of the original media files. I will keep the original Media archived for no less than one (1) year from the date of original media delivery. In no case will I be responsible for maintaining backups of the Media thereafter. It is your responsibility to maintain backups of the final images.
16. RESIDUAL EXPOSURE
You acknowledge that once the media is published and syndicated online, it is nearly impossible to completely remove the media from all directory sites, indexes and other real estate related online publications, which may result in the media appearing online well after the house is sold to its new owners. It is your responsibility to minimize such residual exposure by removing all media from MLS and any other publications after the sale of the property. I will not be held responsible for any claims arising from residual online presence of the media.