Terms

ADIRONDACK REAL ESTATE PHOTOGRAPHY (ADKREP)
TERMS & CONDITIONS
Effective Date: [Insert Effective Date]

These Terms and Conditions ("Terms") govern all photography, videography, aerial/drone, 3D tour, floor plan, virtual staging, and other real estate media services provided by Adirondack Real Estate Photography, hereinafter referred to as "ADKREP," "we," "us," or "our."

The person or entity booking, purchasing, or using ADKREP's services or media is referred to as the "Client."

By booking a service, authorizing ADKREP to perform services, receiving delivered media, or using any media created by ADKREP, the Client acknowledges that they have read, understood, and agreed to these Terms.

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1. SERVICES
ADKREP provides professional real estate media services, which may include, but are not limited to:

Interior and exterior photography

Real estate videography

Aerial/drone photography and videography

Twilight photography

Floor plans

3D tours and virtual tours

Virtual staging and digital enhancements

Architectural photography

Matterport or other 3D media services

Zillow 3D Tours or similar services

Other real estate marketing media

Services included with a particular appointment will be those selected by the Client or otherwise agreed upon at the time of booking. Any additional services requested after booking may be subject to additional fees and availability.

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2. BOOKING, SCHEDULING & ACCEPTANCE
All services must be scheduled in advance and are subject to ADKREP's availability.

The Client is encouraged to provide multiple preferred appointment options when requesting a session. Appointment requests are generally processed in the order received through ADKREP's booking system. Availability is not guaranteed through text messages, phone calls, social media messages, or other informal communications unless the appointment has been confirmed by ADKREP.

A booking is not guaranteed until confirmed by ADKREP.

By scheduling a service, the Client agrees to these Terms and accepts responsibility for ensuring that:

ADKREP has timely access to the property;

Necessary permissions to enter and photograph the property have been obtained;

Occupants, tenants, sellers, and other relevant parties have been informed of the scheduled appointment;

The property is reasonably prepared and accessible at the scheduled time.

Delays caused by the Client, property occupants, access issues, unprepared conditions, or other circumstances outside ADKREP's control may result in reduced shooting time, rescheduling, additional charges, or cancellation.

ADKREP reserves the right to recommend an alternative appointment date or time when weather, atmospheric conditions, photographer availability, FAA airspace restrictions, or other factors may materially affect the quality or ability to provide requested services.

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3. PROPERTY ACCESS, READINESS & CLIENT RESPONSIBILITIES
The Client is responsible for ensuring that the property is ready for photography at the scheduled appointment time and that ADKREP is provided with reasonable, timely access to all areas of the property that the Client wishes to have photographed, filmed, scanned, or otherwise included in the requested media services.

All rooms, spaces, buildings, amenities, and other areas intended to be photographed should be unlocked, open, reasonably accessible, and ready for the Photographer upon arrival. The Client is responsible for making arrangements with property owners, occupants, tenants, agents, or other parties as necessary to provide such access.

ADKREP cannot guarantee that any room, area, feature, or portion of the property will be photographed if it is locked, closed, inaccessible, occupied, unsafe to enter, or otherwise unavailable during the scheduled appointment. The Photographer is not responsible for locating keys, waiting for access to be provided, obtaining permission to enter restricted areas, or returning to the property to photograph areas that were unavailable during the original appointment. A return visit or additional appointment, if available, may be subject to additional fees.

ADKREP does not provide cleaning, professional staging, furniture moving, organizing, or property preparation unless specifically agreed upon in writing.

The property will generally be photographed in its condition at the time of the appointment. The Client acknowledges that visible items, clutter, personal belongings, vehicles, landscaping conditions, construction materials, weather conditions, or other property conditions may appear in the final media.

The Photographer is not obligated to move furniture, appliances, decorations, personal belongings, vehicles, or other objects. A Photographer may make minor adjustments at their sole discretion; however, such assistance does not create an obligation to stage, clean, move, organize, or prepare the property.

The Client is responsible for securing pets and ensuring that animals do not interfere with the appointment or create an unsafe working environment.

If the property is not ready or accessible when ADKREP arrives, ADKREP may, at its discretion:

Photograph the property in its existing condition;

Skip rooms, areas, or features that are locked, closed, inaccessible, unavailable, unsafe, or not reasonably ready to photograph;

Complete only the portion of services reasonably possible within the scheduled appointment time;

Charge an additional fee for excessive delays, waiting time, additional time, or a return visit; or

Reschedule the appointment, subject to availability and applicable fees.

The Client understands that ADKREP does not guarantee photographs or other media of every room, area, feature, or portion of the property unless specifically agreed upon in writing. Areas that are inaccessible at the time of the scheduled appointment may not be included in the final delivered media.

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4. PRICING & PAYMENT
Pricing is based on the services selected, property characteristics, location, travel requirements, and other applicable factors.

Prices quoted or listed by ADKREP may change without notice; however, confirmed bookings will generally be billed according to the pricing applicable at the time of booking unless additional services or material changes are requested.

Payment is due according to the terms stated on the applicable invoice or booking confirmation. Unless otherwise agreed in writing, payment is due upon receipt of the invoice and may be required before final media is released.

ADKREP reserves the right to withhold delivery, hosting, publication, transfer, or licensing of media until all outstanding balances have been paid in full.

The Client is responsible for all applicable fees, taxes, travel charges, additional editing charges, and other charges associated with requested services.

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5. CANCELLATIONS, RESCHEDULING & NO-SHOWS
The Client must provide at least 24 hours' notice to cancel or reschedule a scheduled appointment.

Cancellations or rescheduling requests made with less than 24 hours' notice may be subject to a cancellation or rescheduling fee.

If ADKREP arrives at the property and is unable to perform services because of lack of access, a no-show, an unprepared property, refusal of entry, or circumstances within the Client's control, the appointment may be treated as a late cancellation or no-show, and applicable fees may be charged.

Any applicable cancellation or rescheduling fee may depend on the services booked, travel completed, preparation performed, and time reserved for the appointment.

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6. WEATHER, ATMOSPHERIC CONDITIONS & UNFORESEEN CIRCUMSTANCES
Photography and aerial services are dependent on conditions that may be outside ADKREP's control.

ADKREP may recommend or require rescheduling when conditions, including but not limited to heavy rain, snow, high winds, fog, haze, smoke, poor visibility, severe weather, unsafe temperatures, FAA restrictions, temporary flight restrictions, equipment failure, illness, road conditions, or other unforeseen circumstances materially affect safety or the ability to perform requested services.

The Client acknowledges that natural weather and atmospheric conditions can affect the appearance of photographs and video. Unless specifically agreed otherwise, ADKREP does not guarantee blue skies, sunsets, foliage conditions, water conditions, visibility, lighting conditions, or other naturally occurring conditions.

If ADKREP is unable to perform a scheduled service because of circumstances beyond its reasonable control, ADKREP may reschedule the affected service or, where appropriate, refund any applicable deposit or payment for the specific service that could not be performed.

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7. REFUNDS & SATISFACTION
Because ADKREP provides customized, time-sensitive, and digital creative services, all completed and delivered services are generally non-refundable.

Creative preference, including dissatisfaction with a particular composition, angle, weather condition, lighting condition, or artistic style, does not by itself constitute grounds for a refund.

ADKREP will make reasonable efforts to correct material technical errors attributable to ADKREP when reported promptly by the Client.

Requests for additional editing, alternative compositions, reshoots, object removal, sky replacement, extensive retouching, or other modifications beyond the originally purchased service may be subject to additional charges.

Nothing in this section limits any rights that cannot legally be waived under applicable law.

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8. DIGITAL ENHANCEMENT, RETOUCHING & VIRTUAL STAGING
Standard editing may include reasonable adjustments to exposure, color, contrast, perspective, and other routine enhancements consistent with ADKREP's editing style.

Unless specifically included in the purchased package, extensive retouching, object removal, digital renovation, virtual staging, virtual renovation, or other substantial modifications are not included.

The Client is responsible for reviewing all media before publication and ensuring that any digitally altered or virtually staged media is used in compliance with applicable laws, MLS rules, advertising rules, brokerage policies, and disclosure requirements.

ADKREP does not guarantee that virtually staged or digitally altered images will accurately represent the current physical condition of the property.

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9. COPYRIGHT, OWNERSHIP & INTELLECTUAL PROPERTY
All photographs, videos, aerial media, floor plans, 3D models, virtual tours, digital files, graphics, and other media created by ADKREP, including all original and edited versions, shall remain the sole and exclusive property of ADKREP.

ADKREP retains all worldwide rights, title, and interest in the media, including all copyrights and intellectual property rights.

No ownership or copyright is transferred to the Client.

Payment for services provides the Client with the applicable license described in these Terms or in a separate written licensing agreement. Payment does not constitute a purchase or transfer of copyright.

ADKREP reserves the right to use media created during a session for its portfolio, website, social media, advertising, marketing, educational purposes, competitions, and other lawful promotional purposes unless otherwise agreed in writing.


10. STANDARD PROPERTY MARKETING LICENSE
Upon full payment, ADKREP grants the Client a limited, non-exclusive, non-transferable, non-sublicensable license to use the delivered media solely for marketing the specific property photographed.

Permitted uses may include:

MLS and related listing platforms;

The Client's real estate website;

Social media marketing related to the specific property;

Digital advertising related to the specific property;

Property brochures, flyers, postcards, and other listing-specific marketing materials;

Other customary marketing directly related to the sale or lease of the photographed property.

This Standard Property Marketing License applies only to the specific property photographed.

Unless otherwise agreed in writing, the Standard Property Marketing License terminates when the Client's professional involvement in the sale or lease of the subject property ends.

The Client may not use the media to market a different property, promote unrelated services, or for general business advertising after the property-specific marketing purpose has ended unless ADKREP grants additional written licensing rights.

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11. THIRD-PARTY, TRANSFER & SUCCESSOR AGENT USE
The Standard Property Marketing License is granted only to the Client who purchased or commissioned the services.

Media may not be sold, transferred, assigned, sublicensed, or provided to another agent, brokerage, builder, developer, architect, stager, designer, property owner, subsequent listing agent, photographer, marketing company, publication, or other third party for independent use without ADKREP's prior written permission.

If a property changes listing agents, the new agent or other party does not automatically receive rights to use media previously created by ADKREP.

Any third party seeking to use the media must contact ADKREP to obtain a separate license.

Unauthorized use may constitute copyright infringement or other violations of ADKREP's intellectual property rights.

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12. PERMANENT & BROKERAGE-WIDE LICENSING
ADKREP may offer expanded licensing options for an additional fee.

Where purchased and specifically confirmed in writing, an expanded license may grant additional usage rights, such as:

Permanent Listing License
A Permanent Listing License may permit continued use of media for marketing the same property after the original Client's involvement in the transaction ends, subject to the specific terms of the license.

Brokerage-Wide License
A Brokerage-Wide License may permit authorized members of the Client's brokerage to use the media for the specific property, subject to the specific terms and limitations established by ADKREP.

An expanded license does not transfer copyright ownership unless ADKREP expressly agrees to a copyright transfer in a separate written agreement.

The exact scope, duration, permitted users, and permitted uses of any expanded license will be determined by the applicable written license.

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13. COMMERCIAL LICENSING
The Standard Property Marketing License does not authorize commercial, corporate, or broad promotional use unrelated to marketing the specific photographed property.

A separate Commercial License may be required for uses including, but not limited to:

Builder or developer marketing;

Architectural or interior design portfolios;

Corporate branding;

General advertising campaigns;

Product advertising;

Magazine, editorial, or publication use;

Stock photography or resale;

Marketing a development or multiple properties;

Use by third parties;

Any use materially outside the scope of the Standard Property Marketing License.

Commercial licensing fees and terms will be determined based on the proposed use.

Use of ADKREP media outside the scope of an authorized license is prohibited without ADKREP's prior written permission.


14. CREATIVE DISCRETION & FINAL DELIVERY
The Client acknowledges that photography and videography involve creative and artistic judgment.

ADKREP retains sole creative discretion regarding:

Composition;

Camera angles;

Lighting;

Exposure;

Editing style;

Color treatment;

Video pacing;

Music selection, where applicable;

Selection of delivered images or clips;

The number of images or clips delivered, unless a specific quantity is expressly guaranteed.

The Client may communicate preferences before the appointment; however, ADKREP does not guarantee that every requested angle, image, room, feature, or creative preference will be captured.

ADKREP is not required to deliver every image or recording created during a session.

Unedited RAW files, original video footage, project files, source files, and rejected images or clips are not included unless expressly agreed upon in writing.


15. ALTERATIONS TO DELIVERED MEDIA
The Client may make reasonable crops and resizing necessary for approved marketing uses.

The Client may not substantially alter, manipulate, apply filters to, remove watermarks from, or otherwise modify ADKREP's media in a manner that misrepresents the original work or the property without ADKREP's prior written permission.

The Client is responsible for ensuring that any modification or use of media complies with applicable advertising laws, MLS regulations, brokerage rules, and professional standards.


16. TURNAROUND & DELIVERY
ADKREP's standard target turnaround times are generally:

Photos: Next business day;

Floor plans: Next business day;

Virtual tours/3D services: Next business day, unless otherwise specified;

Video services: Up to 72 business hours, unless otherwise specified.

Turnaround times are estimates and are not guaranteed. Delivery may be affected by workload, holidays, peak seasons, technical issues, weather-related reshoots, additional editing requests, or other circumstances.

For appointments scheduled after 5:00 PM, the editing turnaround period generally begins on the following business day.

Business days do not include weekends or holidays unless otherwise stated.


17. 3D TOURS & HOSTING
Unless otherwise stated in writing, Matterport or other hosted 3D tour services include up to six (6) months of hosting.

Hosting may expire upon the earlier of:

Six months from the date the tour is activated; or

The successful closing or sale of the subject property.

After hosting expires, the tour may be removed, archived, disabled, or otherwise become unavailable.

Additional hosting may be available for an additional fee, subject to ADKREP's then-current policies and availability.

ADKREP does not guarantee the continued availability of third-party platforms or services and is not responsible for changes, outages, discontinued features, pricing changes, or policy changes imposed by third-party providers.


18. AERIAL & DRONE SERVICES
ADKREP will make reasonable efforts to provide requested aerial services when conditions and regulations permit.

Aerial operations may be restricted or prohibited because of:

FAA airspace restrictions;

Temporary Flight Restrictions (TFRs);

Airports or heliports;

Weather or wind conditions;

Visibility limitations;

Safety concerns;

Local restrictions or property-specific conditions;

Equipment limitations;

Other applicable laws or regulations.

Drone operations will be conducted only when ADKREP determines that the flight can be performed legally and safely.

ADKREP reserves the right to cancel, delay, modify, or refuse any drone flight for safety or regulatory reasons.

If aerial services cannot legally or safely be performed, ADKREP may, at its discretion, reschedule the service, provide alternative ground-based media, or issue an appropriate adjustment for the affected aerial service.

The Client acknowledges that the requested drone images or video cannot be guaranteed at every property.


19. SAFETY & RIGHT TO REFUSE SERVICE
ADKREP reserves the right to refuse, postpone, cancel, or discontinue services when conditions are unsafe, illegal, excessively hazardous, or otherwise unreasonable.

This includes, but is not limited to:

Dangerous property conditions;

Aggressive or unsecured animals;

Unsafe structures;

Threatening or abusive behavior;

Severe weather;

Unsafe road or travel conditions;

Illegal activity;

Conditions that create an unreasonable risk to ADKREP personnel, equipment, occupants, or third parties.

If services are discontinued because of conditions created or controlled by the Client or property occupants, applicable charges may still apply.


20. CLIENT AUTHORITY, PERMISSIONS & THIRD-PARTY RIGHTS
The Client represents and warrants that they have the authority to authorize ADKREP to access and photograph the property and to create the requested media.

The Client is responsible for obtaining all necessary permissions, consents, and releases from property owners, occupants, tenants, homeowners, associations, or other parties when required.

The Client is also responsible for determining whether the intended use of the media requires additional permissions or releases relating to persons, trademarks, artwork, architectural works, copyrighted materials, or other third-party rights depicted in the media.

ADKREP does not guarantee that every intended use of media is legally permissible for the Client.


21. PERSONS, LIKENESS & RECORDED CONTENT
When the Client knowingly permits ADKREP to photograph or record individuals in connection with a session, the Client represents that they have obtained any necessary permission for those individuals to be present and recorded.

Where an individual separately provides a valid release to ADKREP, that release may grant ADKREP additional rights to use that individual's likeness, image, voice, or recorded content.

Nothing in these Terms is intended to require an individual who is not the Client to grant a release merely because the Client booked a property photography service.

If the Client wishes to restrict ADKREP's promotional use of identifiable individuals appearing in media, the Client should notify ADKREP before the session. ADKREP will make reasonable efforts to accommodate such requests but cannot guarantee that all incidental appearances can be avoided.


22. LIMITATION OF LIABILITY
To the fullest extent permitted by law, ADKREP shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost commissions, lost business opportunities, loss of goodwill, or damages arising from the inability to sell or lease a property.

ADKREP does not guarantee any particular result from its services, including:

The sale or lease of a property;

A particular sale price;

Multiple offers;

Increased buyer interest;

Increased commissions;

Specific marketing performance.

In the event ADKREP is found legally liable for a claim arising directly from its services, ADKREP's maximum aggregate liability shall not exceed the amount actually paid by the Client for the specific services giving rise to the claim, except where a greater limitation is prohibited by law.


23. INDEMNIFICATION
To the fullest extent permitted by law, the Client agrees to indemnify, defend, and hold harmless ADKREP and its owners, employees, contractors, agents, and representatives from and against claims, damages, liabilities, losses, costs, and expenses arising out of or relating to:

The Client's unauthorized use of the media;

Use of the media beyond the scope of the applicable license;

The Client's violation of applicable law, MLS rules, advertising rules, or brokerage policies;

The Client's failure to obtain necessary authority, permissions, or releases;

Unsafe property conditions or hazards not caused by ADKREP;

Claims arising from the Client's representations, instructions, or use of delivered media.

This indemnification obligation applies only to the extent permitted by applicable law.


24. FORCE MAJEURE
ADKREP shall not be responsible for delays, cancellations, failures, or inability to perform caused by circumstances beyond its reasonable control, including weather, natural disasters, fire, illness, accidents, government action, FAA restrictions, temporary flight restrictions, power outages, internet or third-party service failures, equipment failure, road closures, transportation interruptions, labor disruptions, or other unforeseen events.

Where reasonably possible, ADKREP will work with the Client to reschedule affected services.


25. NO GUARANTEE OF THIRD-PARTY PLATFORM AVAILABILITY
Certain services may rely on third-party platforms, including MLS systems, social media platforms, hosting providers, virtual tour platforms, mapping services, and other technology providers.

ADKREP does not control these third parties and is not responsible for changes to their policies, technical requirements, availability, hosting practices, integrations, pricing, or service offerings.

The Client is responsible for ensuring that their intended use of delivered media complies with the rules and requirements of the platforms on which they choose to publish it.


26. GOVERNING LAW & VENUE
These Terms shall be governed by and interpreted in accordance with the laws of the State of New York, without regard to conflict-of-law principles.

Unless otherwise required by applicable law, any legal action arising from these Terms or ADKREP's services shall be brought in a court of competent jurisdiction located in the State of New York.


27. SEVERABILITY
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

The invalid or unenforceable provision shall be interpreted or modified, where legally permitted, to most closely reflect the original intent of the parties.


28. WAIVER
A failure by ADKREP to enforce any provision of these Terms shall not constitute a waiver of that provision or of ADKREP's right to enforce that provision in the future.

Any waiver must be expressly made in writing by ADKREP.


29. ENTIRE AGREEMENT & MODIFICATIONS
These Terms, together with any applicable booking confirmation, invoice, written estimate, or separate written licensing agreement, constitute the entire agreement between the Client and ADKREP regarding the services and media provided.

No oral statement or prior communication shall modify these Terms unless expressly confirmed by ADKREP in writing.

ADKREP may update these Terms from time to time. The version in effect at the time of the Client's booking will generally govern that booking unless the parties agree otherwise in writing or applicable law requires otherwise.


30. ACCEPTANCE OF TERMS
BY BOOKING, PURCHASING, RECEIVING, OR USING SERVICES OR MEDIA PROVIDED BY ADKREP, THE CLIENT ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

The Client further represents that they have the authority to enter into this agreement and, where applicable, to authorize access to and photography or recording of the subject property.

Adirondack Real Estate Photography (ADKREP)
All rights reserved. 9/26

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