What are your Real Estate Photography terms of service?
1) It is the agent’s responsibility to ensure that the listing property is ready for the virtual tour photography at the time of the appointment.
2) The photographer accepts no responsibility for the condition and/or cleanliness of the property at the appointed time for the tour to be shot. The photographer will not handle any cleaning, dusting, moving of furniture, or any other items that may be within the designated shooting area. The photographer will only, at his or her discretion, adjust blinds, shades curtains, or turn on or off lights as deemed necessary to better capture the picture. The property will be photographed ‘as-is’ upon arrival.
3) The agent and/or homeowner MUST be present during the appointment.
4) Homeowner shall ensure that the photographer is safe and is not disturbed during the scheduled appointment. For example, animals shall be kept away from the photographer and children must be supervised and out of the area where the photographer is working.
5) Abigayle Ray Photography LLC will photograph all significant aspects of the property and shall be included in the tour unless the condition of said aspect has a negative impact on the tour. This shall be left solely to the discretion of the photographer, unless specific aspects of the property are requested by the agent.
6) If the weather threatens to prevent photography, the agent shall be given the option to continue or to reschedule, with no additional charge. If the agent decides to continue the photography session, Abigayle Ray Photography LLC shall not be responsible for the outcome of the tour. Outside shots will not be done under unfavorable weather conditions.
7) In the event that the agent does not call or meet the photographer within thirty (30) minutes of the scheduled time that they agreed upon, and/or make arrangements for the homeowner to provide access to the home, then the agent will be charged a $50 no-show fee.
8) Cancellation Policy: Upon acceptance of these terms and payment of the retainer, Photographer shall commit to attending the Event at the specified date and time, and shall make no other reservations for that date and time. Client understands that by entering into this agreement, the Studio is foregoing other photographic jobs for the date & time retained, therefore there shall be no refund of retainer or any other fee(s) paid to the Studio in the event of cancellation after the signing of the Contract and the reservation of the photography date and time. Please see your contract for more details.
9) All still photos will be available for viewing approximately 3-5 days after the photography session, including still images that the agent may use for advertising and web site postings.
10) Abigayle Ray Photography LLC's rates are valid for all property locations within all of Park County and Gallatin County in Southwest Montana. Additional mileage surcharge may apply for properties and or businesses outside our normal service area – please contact us for pricing if you are outside that area.
11) The retainer or session fees may be paid by cash (with a receipt provided), USPS money order, and credit/debit card (Visa, MasterCard, Discover and American Express) only. Your Session date and time are not reserved until we receive your retainer fee or payment in full for the session. **Please note** We DO NOT accept checks of any kind for payment of sessions with Abigayle Ray Photography LLC.
12) Abigayle Ray Photography LLC will make its best efforts to provide uninterrupted service availability for the images on the internet, but will not be responsible for any damages caused by service interruption, temporary delay, or outages.
13) Abigayle Ray Photography LLC keeps the copyright protection of all digital images. We reserve the right to use all images for promotion of Abigayle Ray Photography LLC but not a third party. The Agent/REALTOR®/individual/company, who paid for this service has permission to use these images on any electronic or printed form of advertisement for the promotion of that property. Images cannot be altered after they are in the Agent/REALTOR® possession. Failure to pay for the images will result in a copyright infringement/violation and the Agent/REALTOR®/individual/company will be asked to remove the image from any electronic or printed form of advertisement. Failure to stop using the images after having received notice will become a legal matter.
What forms of payment do you accept?
The retainer or session fees may be paid by cash (with a receipt provided), USPS money order, and credit/debit card (Visa, MasterCard, Discover and American Express) only.
Your Session date and time are not reserved until we receive your retainer fee or payment in full for the session.
**Please note** We DO NOT accept checks of any kind for payment of sessions with Abigayle Ray Photography LLC.
Real Estate photography payment/retainer fee:
A retainer of 100% of total fees is paid at the time of reservation and signing of the portrait photography agreement.
Since we will reserve the time agreed upon and will not make another reservation for the specific period, retainers are non-refundable even if the date is changed or cancelled for any reason.
Location Access and Fees:
If the Client wants to do a session at a location that charges for access, the Client will be responsible to cover fees associated with shooting there, and you will also responsible for organizing the access and any permits (if required) related to doing so.
Client is also responsible for any parking fees or tolls including but not limited to bridge and ferry tolls. These fees will be in addition to your session fee.
Due to the nature of digital photography Abigayle Ray Photography LLC has a strict NO REFUNDS POLICY. If a Client is dissatisfied with the work they receive, the Client must notify the Studio so that a re-shoot of the session (at no additional charge) can be scheduled at the Clients convenience and also the Studios schedule as we normally book weeks and months in advance. Refunds will NOT be given due cancellation of the Session, not liking a photo(s) (Specific Image), not getting a specific pose you wanted, selecting an incorrect location or background, or for any other reason whatsoever. Please see your contract for further details including how to reschedule your Session if needed.
Upon acceptance of these terms and payment of the retainer, Photographer shall commit to attending the Event at the specified date and time, and shall make no other reservations for that date and time. Client understands that by entering into this agreement, the Studio is foregoing other photographic jobs for the date & time retained, therefore there shall be no refund of retainer or any other fee(s) paid to the Studio in the event of cancellation after the signing of the Contract and the reservation of the photography date and time. Please see your contract for more details.
Limits of liability:
If Studio can’t perform this Agreement in whole or in part due to a fire or other casualty, acts of God, acts of Nature (including but not limited to weather), acts of terror, or other cause beyond the control of all parties or due to Photographer's illness, injury or death, then Studio will reschedule the Session at a date and time that is convenient to both parties for up to one (1) year from the original session date. The limitation of liability also applies in the event that photographic materials are lost or damaged in processing, lost or damaged through camera malfunction, lost or damaged in the mail, or otherwise lost or damaged without fault on the part of Photographer.
The Studio cannot perform the Assignment without the cooperation of the Client(s). If Client fails to communicate with the Studio (ie: changing Session dates, times, locations etc), fails to show for Session, arrives late to session without prior contact, then the Studio will deem said actions as a cancellation. If the Studio contacts the Client for any reason it is expected that the client will communicate back as soon as possible.
Copyright of Images:
All Photos and rights relating to them, including copyright and ownership rights in the media in which the Photos are stored, remain the sole and exclusive property of the Abigayle Ray Photography LLC. This license provides the Client with the limited right to reproduce, publicly display, and distribute the photographs only for promotional or advertising purposes directly related to the sale or rental of the Property. Photos used for any purpose not directly related to the sale or rental of the Property must be with the express permission of Photographer and the payment of additional fees, unless otherwise agreed to in writing.
Photos may be uploaded to any MLS listing service solely for promotion of the Property during the pendency of this Agreement. However, regardless of any terms and conditions of the MLS, at no time does this Agreement provide Client with the right to transfer copyright, or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106. Photographs may contain copyright management information (CMI) at the discretion of the Photographer in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to the Photographer for any penalties and awards available under the statute. Client is responsible for ensuring that the Photos are removed from MLS databases at the expiration of this Agreement.
Unless otherwise specifically provided elsewhere in this document or other signed agreement between the parties, any grant of rights is limited to a term of either one (1) year from the date of this Agreement, or (2) at the termination of Client’s representation of the Property, whichever occurs first. Further use of images beyond one (1) year requires Photographer’s permission and additional fees. Rights are assigned to the Client immediately upon delivery of the Photos.
Studio’s Standard Price List:
The charges and prices are based on Abigayle Ray Photography LLC's Current Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. If you reserve and pay for a Session and then we change the Pricing, what's included in the Package, or Both, you will receive the Session you paid for originally and NOT the new Package or Pricing.
Last updated - June 12th, 2018