Terms of Service

[Updated 9/18/18]

 

PROPERTY CONDITION:  It is expected the subject property to be in photo-ready condition upon the arrival of the photographer.  Photographer will photograph the property in as-is condition.

 

TURNAROUND TIME: 

•  All Services in CLASSIC PACKAGES will be delivered the next business day by 11:59pm.

•  All Services in PREMIUM PACKAGES will be delivered within 2 business days by 11:59pm.

•  All Services in ELITE PACKAGES will be delivered within 4 business days by 11:59pm.

 

PSYCHIC ABILITY:  The photographer is not psychic.  If you do not tell the photographer beforehand what you want to be photographed or how you want it to be photographed, you can assume it won't be what you envisioned.  Unless told otherwise, we do not take photographs of unfinished areas, amenities, and/or finishes.  For example:  If you want a close up of the nice toilet in the Master Bedroom, you better tell us before.

 

ARTISTIC FREEDOM:  Composition, lighting, exposures and other creative aspects (including the number of photos taken per room/area) are at the photographer's discretion unless previously agreed upon.

 

INCLEMENT WEATHER:  It is the Client's responsibility to reschedule/cancel a photo shoot scheduled during inclement weather.  Photographer will not take exterior photographs while it is raining and exterior photos will be excluded from the package.  Photographer will proceed as normal during fog, snow, overcast skies, wind, etc unless instructed otherwise by the Client.

 

CANCELLATION:  Cancellation requests must be received 24 hours prior to the photo shoot, or Client will incur a Cancellation Fee.

 

RESCHEDULING:  Reschedule requests must be received 4 hours prior to the photo shoot, or the Client may incur a Return Trip Fee.

 

PAYMENT:  Payment is due by, or before, the scheduled appointment time.

 

NON-PAYMENT:  If payment is not made by the scheduled appointment time, the Photographer may choose not to proceed with the appointment and/or may not deliver the photographs/service.  For unpaid, delivered services:  If full payment has not been received within ten (10) days from the date of service, a 10% late fee will be assessed.  If full payment has not been received within thirty (30) days from the date of service, all rights will be immediately revoked until full payment is received.  In the event rights are revoked, all images in the possession of Client will be removed from all forms of media and permanently destroyed within seven (7) days. Client shall provide Photographer with a written statement that all images have been removed and destroyed. 

 

FEES:
•  Delay Fee - For delays in photographing the property that is outside the photographer’s control there is a $30 charge, per hour.
•  Return Trip Fee - For return trips to the property that is outside the photographer's control there is a $30 charge.
•  Additional Photos Fee - For properties that require more photos than the purchased amount, there is a $15 charge for every 10 additional photos.  

•  Cancellation Fee - Equal to 50% of the amount of the order and is due irrespective of whether services are provided.

 

CATALOGING:  Photos and hardcopy floor plans will be kept on file for only 90 days.  Interactive Floor Plans and Virtual Tours will remain active for 1 year.

 

VARIABILITY:  Prices are subject to change without notice.

 

RIGHTS:  All Photos and rights relating to them 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 and for advertising the Client’s closed listings or real estate services.  Photos may be displayed and stored on 3rd party provider websites for archival purposes.  For extended license

 

LIABILITY:  Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Photos or materials furnished by Client. It is the Client's responsibility to obtain the necessary model or property releases and ensure they are full effect and in force.  

 

ARBITRATION:  If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties.  Any claim or litigation arising out of this Terms of Service may be maintained only in courts physically located in Ford County, Illinois, and the parties hereby consent to the personal jurisdiction of such courts.  In the event of any litigation arising out of or relating to this Terms of Service, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation.

 

LICENSE DISCLOSURE:  Ryan Minion is a licensed Managing Broker in Illinois (#471.010131)

 

Ryan Minion • (217) 417-3381 • ryan@ryanminion.com