TERMS AND CONDITIONS
1. Scope of Services
Photographer agrees to provide, on the agreed shooting date(s) (the “Date(s)”), all video, still photography, and drone equipment necessary for the capture of ground and aerial video and still photographs of the property listed on the Arume, LLC order form (the “Subject Property”) suitable for the marketing of the Subject Property for sale or rent.
Photographer, a Federal Aviation Administration (the “FAA”) certified commercial drone pilot, further agrees to pilot or provide for an appropriately FAA certified commercial drone pilot to operate the provided drone(s) and video equipment for the purpose of capturing aerial video and still photography of the Subject Property suitable for the purpose of marketing the Subject Property for sale or rent.
Photographer shall provide post-production editing of captured video and still photographs of the Subject Property necessary to deliver video and still photographs suitable for use as marketing materials for the sale or rental of the Subject Property.
Photographer will deliver to client edited video in a MPEG-4 file format and all still photographs in a JPEG file format (the “Files”).
1.5 Digital License
Photographer grants a license (the “License”) to use the Files for marketing the sale or rental of the Subject Property. The Files will not be used for any other purpose. The term of the license shall be for One (1) year commencing on the date of the delivery of the Files and ending on the first anniversary of the delivery date.
2. Duties and Responsibilities of Client
2.1 Preparation of Site
Client agrees the Subject Property will be ready and accessible for Photographer according to the checklist provided on Photographer’s website. If the Subject Property is not ready and accessible according to the checklist, Photographer will shoot the Subject Property as is.
2.2 Editing of Deliverables
Client agrees not to perform any additional editing or manipulation of the Files after delivery to Client. Should Client require further editing of the Files after Client has approved and received the final edited version of the Files delivered by the Photographer pursuant to these Terms and Conditions, Photographer will provide editing of the Files at an hourly rate of $150.00 per hour of editing time.
3. Fees for Services
3.1 Contract Price
Photographer will provide a fixed price to Client in writing upon receipt of a completed order form (“Contract Price”).
3.2 Additional Time
Time, above and beyond the time allotted per the price provided in accordance with §3.1, will be billed at an hourly rate of $250.00 for Shooting Time on site. Photographer reserves the right to refuse to extend the Shoot Time over the amount allocated in accordance with §3.1. Photographer has made a good faith effort to include adequate time to capture all of the video and/or still photographs in the checklist. Should Client request additional video or still photographs not included in the checklist, Photographer may refuse to continue the Shoot Time beyond what is allotted pursuant to §3.1 and schedule additional time at a later date.
3.3 License Renewal
The license for the Files can be extended on a yearly basis at a rate of $200 per year.
Payment of the full price of the Photo Shoot is due before services will be rendered.
5. Cancelation and Rescheduling
5.1 Cancelation of Photo Shoot
Client agrees to pay a cancellation fee equal to 20% of Contract Price to Photographer if Client cancels the Photo Shoot for any reason once the Date has been scheduled.
If Client wishes to reschedule the Date, Client must give Photographer more than Forty-Eight (48) hours’ notice. Less than Forty-Eight hours’ notice will constitute a cancelation of the Date and Client will owe Photographer a cancellation fee equal to 20% of the Contract Price.
The rights, responsibilities and duties under the Terms and Conditions are personal to Photographer and Client and may not be transferred or assigned without the express prior written consent of both Photographer and Client.
7. Licensing and Permits
Photographer shall maintain the appropriate licenses to perform the Photo Shoot. Photographer shall also obtain any and all permits which might be required for the work to be performed herein.
It is understood that any and all still images and video taken and prepared by the Photographer, shall be the property of the Photographer. The Client may retain and use reproducible copies of still images and video under the License for the purpose of marketing the property for sale or rent. At the termination of the License, Client shall promptly cease using the Files without exception or reservation. Client may not use the Files for any purpose other than marketing of the Subject Property for sale or rent.
9.1 Client Termination
If the Photographer fails to provide in any manner the services required under these Terms and Conditions or otherwise fails to comply with the Terms and Conditions or violates any ordinance, regulation or other law which applies to its performance herein, the Client may terminate the Contract by giving Five (5) calendar days written notice.
9.2 Force Majeure
The Photographer shall be excused for failure to perform services herein if such services are prevented by acts of God, weather, strikes, labor disputes, governmental mandates or other forces over which the Photographer has no control. In such case, the Photographer and Client shall reschedule the Shooting Date.
9.3 Notice of Termination
Either party hereto may terminate the Photo Shoot for any reason by giving fifteen (15) calendar days written notice to the other party. Notice of termination shall be by written notice to the other party and be sent by registered mail. In the event of termination not the fault of the Photographer, the Photographer shall be paid for services performed to the date of termination in accordance with the terms herein.
10. General Terms
10.1 Dispute Resolution, Governing Law, Venue and Attorney’s Fees
All disputes arising from this Agreement shall first be resolved by mediation, with the parties splitting the cost of the mediator. Notwithstanding, any claim Photographer has for non-payment by Client, does not have to first be handled through mediation. If the dispute cannot be resolved through mediation either party can file in court. The Terms and Conditions and Agreement between the parties shall be governed by the laws of the State of Maryland and venue for any action shall be in Frederick County, Maryland. The prevailing party in any such proceeding shall be entitled to its reasonable expenses, including all court costs and attorney’s fees paid or incurred in good faith.
Client agrees to indemnify, defend, and hold Photographer harmless from any and all liabilities including, but not limited to, litigation costs and attorney fees that Photographer may incur due to Client providing inaccurate, false or misleading information regarding Subject Property.
The Parties agree that the Terms and Conditions and the Agreement between the parties, may be changed only by a writing signed by both parties and that no oral changes or waivers are permitted.
All notices and other communications shall be in writing and shall be deemed duly given if personally delivered (with signed receipt and deemed received upon delivery), mailed by certified mail, return receipt requested, first class, postage prepaid (and deemed received upon the next business day after being sent by certified mail), or email with confirmation of receipt:
Physical address available upon request.
To Client: As listed on order form.
10.5 Entire Agreement
These Terms and Conditions constitute the entire agreement, and supersedes all prior negotiations, understandings or agreements (oral or written), between the parties concerning the subject matter hereof. By Client signing their name below, the Client agrees to the Terms and Conditions. No change, consent or waiver to these Terms and Conditions will be effective unless in writing and signed by the party against which enforcement is sought. The failure of either party to enforce its rights under the Terms and Conditions at any time for any period shall not be construed as a waiver of such rights. Unless expressly provided otherwise, each right and remedy pursuant to these Terms and Conditions is in addition to any other right or remedy, at law or in equity, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy. In the event that any provision of these Terms and Conditions shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions shall otherwise remain in full force and effect and enforceable.
If any terms, covenants or condition of these Terms or Conditions or its application to any person or circumstances shall be invalid or unenforceable, the remainder of the Terms and Conditions, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected, unless the result would frustrate the purpose of the Terms and Conditions.