Terms and Conditions
Background: This Agreement is between the Photography Service Provider (STM Real Estate Photography) and the residential properties whose premises are being photographed for the purpose of selling the property.
Service Fee Payment: Service Provider, STM Real Estate Photography, and Business will agree on an amount for the Photos and related services (“Service Fee”), and the Business will pay the one time Service Fee at the time of signing this agreement, or no less than one business days prior to the service provider taking the photographs (as defined in Section 4 below). This is a one time Photography Service Fee. You will not receive any recurring charges for the services provided by STM Real Estate Photography. Should you want additional services offered by STM Real Estate Photography after your photography services have published then and only then will you be billed for additional services.
Services and Ownership of Photographs: In exchange for the Service Fee: Service Provider will take photographs of those portions of the exterior and interior of the premises. Service Provider will use commercially reasonable efforts to ensure that the Photographs meet the MLS technical specifications; Service Provider hereby assigns (or will procure the assignment of) all ownership rights in the Photographs (including intellectual property rights) to Business; To the extent permitted by law, Service Provider will obtain; Waivers from all of Service Provider’s personnel in respect of any “moral rights” that such personnel may have in the Photographs, including any right of attribution; and Assignments by Service Provider’s personnel to the Business of all moral rights in the Photographs.
Limited License to Service Provider: Business grants Service Provider a nonexclusive license to use a reasonable number of images created under this Agreement as “samples” or “portfolio copies” for Service Provider to archive examples of Service Provider’s work and to advertise or market Service Provider’s professional services.
Time and Date of Services: Upon signatures, Services Provider will reserve the time and date agreed upon to provide the photographic services. All Service Fees are non-refundable except as described in Section 8 below, or unless Service Provider agrees in its sole discretion to permit a rescheduling of the services. A $75 rescheduling fee will be applied if the photographer travels to the property and cannot provide services.
Refunds: Service Provider will refund all pre-paid Service Fees to the Business (but will have no further liability with respect to the Agreement) if efforts to re shoot or fix issues cannot be met. STM Real Estate Photography provides a check list for home owners to get their houses ready for photos. STM Real Estate Photography is not responsible for clutter or unmovable objects unwanted in photos. Refunds will NOT be issued if home is not ready per the check list guidelines.
Insurance: Service Provider will carry comprehensive general liability insurance coverage for Service Provider’s activities on the Business’ premises. Confidentiality: This Agreement is confidential information. Business will not disclose or make this Agreement available to any third party except (a) as specifically authorized by Service Provider in writing; or (c) when compelled to do so by law if Business provides reasonable prior notice to Service Provider. STM Real Estate Photography and affiliates are not responsible for damage to property before, during or after a photo shoot.
No Warranties: IN CONNECTION WITH THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATIONS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PHOTOGRAPHIC SERVICES OR THE PHOTOGRAPHS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitations on Liability: EXCEPT FOR BREACHES OF CONFIDENTIALITY, (I) NEITHER PARTY WILL BE LIABLE (UNDER ANY THEORY OR CIRCUMSTANCE) FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, AND (II) NEITHER PARTY’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT OF THE SERVICE FEE. CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
Modifications: Any modification of this Agreement must be (a) pre-approved by STM Real Estate Photography in writing, and (b) reflected in a written agreement that is signed by both Service Provider and the Business.
Entire Agreement: This Agreement incorporates the entire understanding of the parties relating to its subjects and supersedes any prior or contemporaneous agreements on that subject.