This agreement contains the entire understanding between VirtuaHomes an Infinite Reality Labs, LLC company, and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties.
This confirms my contracting agreement: the client agrees that VirtuaHomes an Infinite Reality Labs, LLC company shall provide services to photograph the client’s business and/or products to the best of our abilities in accordance with the package and/or service selected. Every effort will be made to assure your satisfaction according to industry standards. Any artistic interpretation by the photographer will be deemed acceptable and correct. If you are not satisfied with your images through the fault of VirtuaHomes an Infinite Reality Labs, LLC company your images will be retaken. Notification of dissatisfaction must be received in writing within 48 hours of receipt of images or upon receipt of products in order to receive refund or replacement. We do all we can to ensure that you are satisfied with your images and products. We cannot be responsible for dissatisfaction due to circumstances beyond our control.
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. The expectation is that the client or their authorized representative will be present during the sessions, if the client is not able to be present then VirtuaHomes an Infinite Reality Labs, LLC company shall use its own judgment regarding style and the composition of pictures. This includes but is not limited to locations, poses, and the number of images taken.
IMAGES AND COPYRIGHTS/USAGE RIGHTS
Photographs/images produced by VirtuaHomes an Infinite Reality Labs, LLC company is protected by Copyright Law. VirtuaHomes an Infinite Reality Labs, LLC company grants you the right to use the images created from the Work and provided to you by VirtuaHomes for purposes of marketing and promoting the Property, promoting Your real estate business and/or the listing(s), Your brokerage(s), and/or Your business(es) (“Your License”). Your License is non-exclusive, non-transferable, covers all territories and media, and is for an unlimited time on websites owned by You. You may authorize third-party websites such as, but not limited to, Multiple Listing Service (MLS) or real estate listing portal websites to display said content solely for the purpose of advertising the subject listing, for as long as said listing is actively listed for sale by that listing agent. Your authorization to third-party websites will automatically expire once said listing is no longer available for sale or any relevant listing agreement between the Property owner and the listing agent has ended, whichever comes first.
MODEL & PROPERTY RELEASE
The Client(s) & Subject(s) hereby grant to VirtuaHomes an Infinite Reality Labs, LLC company, the irrevocable and unrestricted right to use and publish photographs of the Client and/or the Client’s business and/or products for the promotion of VirtuaHomes an Infinite Reality Labs, LLC company business and services, including editorial, trade, advertising, and any other purpose and in any manner and medium.
LIMIT OF LIABILITY
In the unlikely event that the photographer is injured or becomes too ill, or has an extreme emergency that prevents them from photographing the session, VirtuaHomes an Infinite Reality Labs, LLC company will make every effort to reschedule the session or schedule another photography technician. If for whatever reason this is not possible, responsibility and liability is limited to the rescheduling or return of all payments received for the package purchased. VirtuaHomes an Infinite Reality Labs, LLC company takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond VirtuaHomes an Infinite Reality Labs, LLC company control, VirtuaHomes an Infinite Reality Labs, LLC company liability is limited to the return of all payments received for the photography package.
VirtuaHomes an Infinite Reality Labs, LLC company cannot be held liable for the policies and requirements of third-party publishers. VirtuaHomes an Infinite Reality Labs, LLC company will exercise all due efforts to ascertain and abide by the policies and requirements of third party publishers but as those policies and requirements may be subject to change without notice it is not the responsibility of VirtuaHomes an Infinite Reality Labs, LLC company to ensure that any delivered content is published by any third-party publishers. VirtuaHomes an Infinite Reality Labs, LLC company accepts full responsibility for the delivery of the imagery to the client. Any offer of delivery to a third party publisher is made with the understanding that the imagery will have been made with consideration for the policies and requirements of any publishers named in the 'Services to be Provided' section of the contract but no express guarantees for the actions of another entity are possible at any time.
The Client(s) understands and accepts that the photographic coverage will be as our professional expertise determines and that no one photograph be deemed more important than another. Every effort will be made to comply with your wishes. Any additional requests not notified on this booking form must be made by the Client in writing.
PROOFS, PRINTS, AND RETOUCHING
Proofing images will be individually corrected for color balance, density, contrast, etc. No retouching will be applied to any proof image. All prints and/or final images that are subsequently ordered or used will receive individual attention in the form of retouching, enhancement, selective area adjustment, textures, etc. Retouching means correcting various elements in an image such as litter, distractions and minor physical flaws, and artistic enhancements. VirtuaHomes an Infinite Reality Labs, LLC company is granted total artistic control over the final image and the Client understands that these are the steps VirtuaHomes an Infinite Reality Labs, LLC company will take when referring to retouching.
If VirtuaHomes an Infinite Reality Labs, LLC company has to cancel the session for reasons beyond their control and the contract has to be completely canceled their liability is limited to a full refund of all monies paid to VirtuaHomes an Infinite Reality Labs, LLC company.
RETAINER & PAYMENT SCHEDULE
All clients must adhere to the payment requirements. Payment is due in full at the time of invoicing which occurs within 24 hours after the scheduled property photoshoot. Payment indicates acceptance of and agreement to all Terms and Conditions outlined here. Usage rights will not be granted until full payment is received.
CANCELLATIONS WITHOUT 24-HOUR NOTICE
In the event of cancellation within 24 hours, a cancellation fee equal to 50% of the invoiced amount will be due immediately upon invoice receipt. The fee covers any loss of earnings incurred. The Client shall also be responsible for payment of any VirtuaHomes an Infinite Reality Labs, LLC company materials/charges incurred up to the time of cancellation.
Payment for service invoices is billed within 24 hours after the scheduled property photoshoot which makes the invoice due upon receipt. Should the invoice remain unpaid after 10 business days, the client account will be deemed as being in default and all media deliverables will be deactivated from the client account. Media deliverables will not be made accessible until the outstanding invoice(s) are paid for in full at which time the media deliverables will be released upon payment clearance.
TERMINATION & ACCOUNT CANCELLATION
If you breach any of these Terms, VirtuaHomes will have the right to suspend or disable your Account or terminate these Terms, in its sole discretion, and without prior notice to you. VirtuaHomes reserves the right to revoke your access to and use of the Services and Content at any time, with or without cause. In the event VirtuaHomes terminates these Terms for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to firstname.lastname@example.org
COVID-19 PROTOCOL ADHERENCE
In response to the COVID-19 outbreak, VirtuaHomes has taken the following proactive steps to ensure that we are providing a safe and healthy environment for you, your homeowners, and our team.
We are asking the following as it pertains to your photoshoot to protect the homeowner, the agent, and the photographer.
- Refrain from attending the photoshoot to limit unnecessary personal interaction. Our photographers are professionals and can perform the shoot in an expert manner without your attendance.
- f homeowner or tenant attendance cannot be avoided, all persons will remove themselves from the property during the photoshoot. This could mean stepping outside or going into a garage while the photographer is onsite.
- You will urge property owners/tenants to clean and disinfect the property prior to the photographer’s arrival.
- Our team will not touch or move anything inside of the property for everyone’s safety
- It is your responsibility to turn on all lights, open blinds, open all interior doors, and ensure that personal items are put away prior to our arrival.
- The photographer may cancel or reschedule the shoot upon arrival if these policies are not followed, which may result in a cancellation fee.
Agreement to the COVID-19 Protocol terms is required prior to scheduling a photoshoot, in the interest of everyone’s safety.
The Terms and Conditions stated in this page are effective as of June 7, 2020, and are subject to change without notice.
Copyright © 2020 VirtuaHomes, an Infinite Reality Labs company - All Rights Reserved.
Have Questions? Call us: (386) 400-2299