Terms of Service
Photographer = Tour Studio
Client / Agent = Booking Agent Receiving Services from Tour Studio (Including Online Bookings)
Rights & Usage Policy
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 Photographer. This license provides the Client with the limited right to reproduce, publicly display, and distribute the Photos only for promotional or advertising purposes directly related to the sale of the Property (Usage Rights). Photos used for any purpose not directly related to the sale 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.
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/or additional fees. Usage Rights are assigned to the Client immediately upon delivery of the Photos.
Client’s Usage Agreement
The Client is obtaining electronic prints for commercial and real estate property listings use only without a photo credit given, and the client shall not sell said prints. If the Client is obtaining a print for newspaper announcement of an event, open house, editorial use or website, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall run a credit for the Photographer adjacent to the photograph at all times, unless agreed to that there is no credit given by the photographer and parent company in writing no less than 10 days in advance. The images are paid for by the Listing Agent and therefore only the listing agent has usage as outlined in this agreement. If another broker or agent wants to use these images he/she must pay for usage rights, plus agree to this contract. A fee of 100% of the original booking fee or $60 (whichever is greater) will apply in these cases. Usage which hasn’t been agreed to will be seen as an infringement of copyright and maybe liable to breach of copyright law, including the fees of recovering such funds. In all cases of usage the entire copyright shall remain with the original Photographer at all times. Full image release can be ordered after the shoot at a cost of $250 paid within 30 days of the shoot completing, only under this condition can the images be free to be used as the client pleases, the client agrees the photographer and associated companies can use the images for commercial online portfolio usage under Tennessee state law.
Failure to Perform
If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return any deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
Photographer
The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or of scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
Photographer’s Standard Price List
The charges in this Agreement are based on the Photographer’s 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.
Miscellany
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties where a non online agreement has been confirmed and ticked, it’s also the responsibility of the client to understand this agreement before signing . Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Tennessee. We are not responsible for furniture and items in the and outside the property, if an agent asks us to perform alone we cannot move or be responsible for any items of value or otherwise.
Cancellation Policy
The following monies returned are made if cancellation has been requested by the client without reason or with reason, without prejudice the following will apply in all cases
Client cancellation outside 36hrs returns 90% of the booking fee.
Client cancellation inside 36hrs returns 50% of the booking fee.
Client cancellation inside 24hrs returns 30% of the booking fee.
Client cancellation inside 12hrs returns 10% of the booking fee.
Client “No Show” returns 0% of the booking fee.
Sales are final and non returnable outside the policy agreed to by the cooking client.
Image Delivery & Image Edits
Normally images are delivered electronically inside 48hrs by the photographer, however the client releases liability of the photographer of editing duties performed by parties outside of the photographer’s control. Re-edits can be requested for small changes, large edits will be charged at standard rate of $25 an image.
Safety of Photographer & Equipment
Sometimes property damage is present which can pose a risk to safety; the client accepts responsibility of security of the photographer and their equipment while onsite honoring this contract and services booked. Any loss as a result of unsafe property or an unsecure footing will be paid for by the client within 60 days of the contracted work completing. Items covered are not limited to; photographer equipment like camera body, lens, flash, strobe, tripod, portable electronic equipment. During a pandemic or where injections could be exposed to our workers we will only work when it is seen safe to do so. This could be and not limited to, properties being vacant, or empty for at least 48 hrs before hand. All surfaces are clear and empty or been visited for at least 48 hrs.
Drone Safety, Rules & Regulations
Drones are only flown / missions completed when the following applies, in all cases strictly no exceptions. Drones are fully insured for all missions and registered with the FAA under part 107 regulations. A full working order will be submitted before each flight, the flight will not go ahead until this has been accepted by the client and the following rules have been agreed to. By booking our drone services all conditions of booking apply and are agreed to without prejudice, including this section about drones flights and content creation using drones to facilitate any media.There is a landing and takeoff space with at least 25 sqft clearance located onsite and property owned or rented by the client. No FAA rules are in force at the location for flights such as NFZ (No Fly Zone) or other restrictive rules are in force on the planned day. Weather viability is 3SM or greater. Wind speed is less than 17 mpg gusts for the duration of the booking and 2 hours either side of the appointment forecast. Air temperatures are above dew point. Cloud cover are above 2,000 ft AGL. Air temperatures are above 2(two) Degrees Celsius . FAA exemption applications can take up to 90 days, we are not responsible for delays if exception certificates are required.If the weather prevents us from flying we will re-book your appointment at no additional cost, however if we have to return through acts of nature while we are onsite there might be a return charge to complete the scheduled workload. The client is responsible for site readiness; we cannot be held responsible for any condition of the property, location or project scope that is reasonably beyond our control. A full booking fee will be applied in all cases where the scope of the project is beyond attainable for those reasons and not limited to. Quotes and estimates for drone images / video and all other drone content and media are provided and subject to change after the initial site visit. Changes in fee could be for a number of reasons such as and not limited too, additional risk, difficulty is maintaining VLOS, environmental location, physical restrictions and such.
Contact Details
It’s the responsibility of the booking client to supply correct contact details of the agent who will be on site (if required) as well as their own, without them the photographer can’t confirm the booking. Liability of the booking information is solely with the client and releases the photographer and related companies of liability of not being able to be contactable on the day of the booking. All client contact information will be confirmed by email/text message. No show for incorrect locations and or contact details is not the responsibility of the photographer and the client releases responsibility or liability of the photographer and related companies.
Same Day Bookings
Will only be done by phone/email and not facilitated by online booking.
No Shows / Lateness
Our photographers will wait for 15 mins for the booking realtor or the agent that’s expected to arrive onsite.. If the agent or their associate does not arrive at the requested booking time +15 mins the service booked will be made void and marked as a no show. On that basis a rebooking will need to be made at the standard rate. No refunds will be offered on the basis of lateness.
Edits and Revisions
Edits are permitted if they are flagged to us within 48hrs of the image delivery, comments can be made by contacting us through email. All comments are passed straight to the editors. Small edits might include hiding a cable or lighting a room brighter; these edits are free of charge at the desecration of the amount of work needed by the editors and photographer – Heavy work like and not limited to removing objects, furniture are included at a premium only and are charged accordingly. One revision request is accepted per image inside 48hrs only, anything outside of that time frame will be charged the $65 hourly rate for each package.
Outside of Service Area
Bookings outside of our Memphis service area (within 30 miles of Cordova, TN, area code 38016) will attract a fee of $65 per booking. This will be billed at the same time as orders given. Orders outside of 100 miles from zip code 38016 please contact us for a quote.
Reshoots
Reshoots are paid for at the standard rate, if in the event of a complaint the reshoot will occur at 10% off the standard rate.
Confidentiality
Every effort is made to conceal the identities of 3rd parties from video and photography shoots and other marketing materials shot inside commercial and residential properties. However we take no responsibility for any recourse from identity or 3rd parties being identified through text, pictures, images, video and other materials.It is the sole responsibility of the booking agent, client and or who books services, or named as the agent on the booking form to ensure identity of others can not be traced, seen, or information revealed through marketing materials generated from this booking. This is not limited to account numbers, banking details, and other sensitive information that may be visible. Furthermore you agree that 3rd party copyrighted work contained in the marketing materials by chance through and not limited to video, photography, is not the responsibility of the photographer to remove before content is created in properties mentioned in this order. The booking agent is responsible to remove all the 3rd party work before content is created. The agent agrees by booking with us they are responsible for this task.
Terms and Conditions for Aerial Drone Bookings and Operations
All drone bookings are final and non-refundable. Weather check will be performed 24hrs before the flight booking is due to occur, if adverse weather is forecast a rebooking is offered if no further FAA approval is required. If FAA re-approval is required we will be in contact about future arrangements including a filing fee of $80 will be applied to the account for FAA approvals; due to this all flights may take up to 90 days to approve. No refunds are offered on the filing fee due to extended time (outside of 5 days) of approval. On the rare occasions some areas are excluded from flying at the last minute, this could be due to a variety of reasons such as and not limited to; NFZ (No Fly Zone) applied due to presidential or military flights; emergency situations such as riots, disaster and such; large scale sporting events; large scale gatherings of people.All flights are restricted to daylight hours. All flights are restricted from flying over groups of people and/or roads. All flights are scheduled and planned under all FAA rules as part of 107 flight license. For large scale areas additional ground crew will be required to keep line of sight, if this is the case you agree to a $150 flat fee added to the project. Videos are supplied in 1080p unless specified differently.