Real Estate

Terms and Conditions

 

Additional Terms

The following are some terms of my service and helpful guidelines. Our schedules are very busy and therefore we need to ensure these terms are noted so every customer receives great service and during the period the scheduled.

Pets

  • We love pets of all kinds but due to time constraints and the use of very expensive equipment, we kindly ask that any pets be for a walk during the photo shoot. We previously lost a camera due to a dog knocking a tripod over.

Cancellations

  • Cancellations require a 24 hour notice. 

  • Any cancellations prior to 24 hour notice will be charged up to 50% of the price of services to be done. 

  • Anytime the photographer arrives and the property is not ready the customer will be charged $50 an hour for standby.

aerial photography

  • Aerial photography availability is dependent on location. Certain locations may be in controlled airspace. If we have determined the location is in controlled airspace we will have to request and Authorization from the FAA. These authorizations can take up to 90 days. We currently have an authorization to fly in the airspace surrounding the Laughlin Bullhead International Airport with certain requirements and height limitations.

Further Terms & Conditions

This agreement is between Granite Peak Photography (hereafter “Photographer” “the Photographer” or “Photography Company”) and CLIENT (hereafter referred to as “CLIENT”).

1. Scope of Work:
This contract is for services and products related to a photography shoot (hereafter “shoot” or “the shoot”) to take place at the agreed time and place.

Location where photography services will be performed is a single property location as scheduled.

PHOTOGRAPHER agrees to provide no fewer than quoted photos on scheduling page for CLIENT to view after the shoot, and is not required to provide more than this number of images. PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary.

2. Fees:
In consideration of the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum agreed to upon scheduling. Client must pay prior to receiving photos. If CLIENT cancels this shoot for any reason they must do so with a 24-hour notice or be subject to a $50 rescheduling fee. Client agrees to pay the additional fees for square footage over the included square footage price.

2.1 If you have provided a Credit Card on file for future use it will be charged automatically upon delivery of media.

3. Work Product
PHOTOGRAPHER will deliver photos to CLIENT no more than 48 hours after Photo Session. Video will be delivered no more than 72 hours after the shoot. Photos will be delivered via a Google Drive Link sent to the client’s email. Video will be hosted on Vimeo for up to 3 months. In the event, the CLIENT needs more time than that it is recommended that the client download the video and create a personal account on YouTube or Vimeo for hosting the walk-through video. Alternatively, the CLIENT may choose to have Photographer provide hosting for 1 year for an additional $50.00.

PHOTOGRAPHER agrees to license photos to CLIENT from the SHOOT. All photos delivered to CLIENT are licensed for CLIENT’S use only. Photos from the SHOOT to be delivered to the client will be according to the following order. PHOTOS ARE NOT TO BE SOLD TO ANY 3rd PARTY by CLIENT.

If photos are included in the price for photography services, the following will constitute the entirety of photos to be delivered to client and licensed for personal use only. It is the duty of the client to inform the Photographer of any usage beyond the marketing of a particular property. Usage for Billboards, Branding, Television, or Vacation Rentals is priced at a different rate.

4. Indemnification:
4.1 - PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or location during the SHOOT. CLIENT is encouraged to provide a suggested photo list to PHOTOGRAPHER no less than 24 hours prior to the SHOOT to include photos that CLIENT would like PHOTOGRAPHER to shoot, but PHOTOGRAPHER has no liability for capturing any of the photos on the list.

4.2 - If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, such as fire, flood, casualty, an act of God or terrorism, illness, or any other reasonable cause outside the photographer’s control or expectation, the client agrees to indemnify photographer for any loss damage or liability; however, PHOTOGRAPHER will return all in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SHOOT if the photoshoot cannot be completed. Drone photography is limited by FAA guidelines and flight restrictions.

4.3 - CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure. Cameras, hard drives, and memory cards are subject to technical failure. PHOTOGRAPHER will take reasonable steps to prevent data loss, but is not liable for loss of data due to technical failure.

4.4 - CLIENT understands and agrees that PHOTOGRAPHER is required to retain copies of a reasonable number of photos from the SHOOT for 60 days after the SHOOT. After this period has expired, PHOTOGRAPHER has no duty to retain copies or originals of files or photos from the event. It is the responsibility of CLIENT to purchase, store, and backup photos after the 60-day period. This clause is subject to the limitations in Section 4.3 of this Contract.

4.5 – CLIENT understands and agrees that PHOTOGRAPHER may have cords, light stands, and other gear at the location. CLIENT will hold PHOTOGRAPHER harmless for any damage, personal injury, or loss caused by tripping over or otherwise being injured from this equipment. CLIENT further agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER.

4.6 – CLIENT agrees and understands that the quality of a photograph is entirely subjective. PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to the specific aesthetic preferences of CLIENT.

4.7 – CLIENT agrees and understands that PHOTOGRAPHER may perform digital retouching of photos. CLIENT is responsible for ensuring that the retouched photos do not display the real estate or location in a manner that is misleading or constitutes false advertising.

4.8 – PHOTOGRAPHER has the right to decline service to any property the PHOTOGRAPHER deems to be unsafe, filthy, or would otherwise be considered dangerous or a health hazard.

5. Duty of Client
CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT. PHOTOGRAPHER has no duty to obtain the permission of buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to the photographer, or which prevent the photographer from photographing the event(s) or location(s) is not the fault, liability, or responsibility of the photographer. If CLIENT fails to pay the CLIENT will be sent to small claims court for the agreed-upon amount PLUS 5 times that amount for damages PLUS court and legal fees.

CLIENT must ensure that the property is in order and ready for a Photo Session. The PHOTOGRAPHER will not clean, vacuum, fix, or maintain the property in any way. The home will be shot in its AS-IS state at the time of the Photo Session. The PHOTOGRAPHER will not fix or adjust blinds, rugs, or furniture for the photo shoot.

CLIENT must keep pets kenneled or contained in order to protect equipment. Homeowners must understand that they need to keep clear of the photo area.

All lights should be turned on and window coverings should be open prior to Photo Session.

If CLIENT fails to provide access to the location for PHOTOGRAPHER at the scheduled time of the SHOOT, CLIENT is responsible to pay PHOTOGRAPHER 50% (fifty percent) of the total shoot price to PHOTOGRAPHER for its lost time. If CLIENT fails to provide an ALARM CODE or fails to turn off the ALARM the CLIENT agrees to pay a $50.00 charge due to lost time.

7. Property Release
CLIENT represents to PHOTOGRAPHER that CLIENT has the rights to photograph the location, building, or real estate that is the subject of this shoot. CLIENT agrees that PHOTOGRAPHER may use any or all of the photos taken in advertising, trade, or for any commercial purpose. PHOTOGRAPHER has full rights to use any photos from this shoot in any legal manner.

8. Arbitration:
Any dispute arising under or in any way related to this agreement shall be submitted to binding arbitration by the American Arbitration Association in accordance with the Association’s commercial rules then in effect. The arbitration shall be conducted in the state of Arizona. The arbitration shall be binding on the parties.

9. Assignability and Parties of Interest:
CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific photographer. PHOTOGRAPHER may sub-contract or assign this contract to any second-shooter, PHOTOGRAPHER may assign any photographers associated with the PHOTOGRAPHY COMPANY to perform its duties under this contract. All photographers must be capable and competent to perform the services in a workmanlike manner.


10. Entire Agreement:
This Agreement constitutes a single integrated contract expressing the entire agreement of CLIENT and PHOTOGRAPHER with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions with respect to the subject matter hereof, and, except as specifically set forth herein, there are no other agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter hereof.

11. Amendment and Waiver:
This Agreement and each provision hereof may be amended, modified, supplemented or waived only by a written document specifically identifying this Agreement and duly executed by each party hereto or the authorized representative of such party.

12. Venue and Jurisdiction:
This Contract is governed by the laws of the state of Arizona and federal courts in that district. CLIENT and PHOTOGRAPHER agree to subject themselves to the laws of this state except for as provided in the arbitration clause. . CLIENT and PHOTOGRAPHER hereby waive the right to object to venue within this state.

13. Severability:
If any part of this Agreement is determined to be void, invalid, inoperative or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, such decision shall not affect any other provisions hereof and the remainder of this Agreement shall be effective as though such void, invalid, inoperative or unenforceable provision had not been contained herein.

Copyright 

Copyright is a very important aspect to digital media. Many times people don't even realize they are committing copyright infringement. 

CopyRIghts

  • All images, videos, floor plans, tours or any other form of media produced by Granite Peak Photography are the sole property of Granite Peak Enterprises, LLC and any of its subsidiaries.

USE

  • Use granted to client for the sole purpose of marketing property, including distribution to MLS and any syndicated websites or feeds. Limited to the duration of the listing as long as the real estate agent is representing the sale of the property. The client may also use the media listed above for an unlimited time period beyond the close of the listing in their local area for self-promotion. Client may not transfer or attempt to sell photo's to any 3rd party.

Non-Exclusive

  • Yes. 

Infringement

  • Any use or violation of of our Copyrights will cause us to contact any violating parties and request an immediate removal of any infringed materials. In addition, all parties may be subject to compensatory damages and legal fees.  

Tour Duration

  • Only available for term of active listing.

Site Preperation

  • Granite Peak Photography will not in anyway shape or form edit any real estate photographs that would be considered misleading or may misrepresent the actual property. We will require a disclaimer be displayed with each photo that has been virtually staged or otherwise rendered.