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Terms and Conditions
1. Property Readiness
1.1 We ask that you have your clients review our Getting Ready Checklist.
If the photographer arrives at the appointment and the home is not ready, the property will be shot "As Is."
1.2 We value your feedback and input for choosing the best angles to photograph the property. If you would like to give input, please meet the photographer at the beginning of the appointment or add notes in the "comments" section of the order.
1.3 Absent your input, the photographer will use his best judgment and experience to decide which angles will best highlight the property.
1.4 The Client is expected to have the property "camera ready" prior to the beginning of the arrival window. This includes all cleaning and furniture staging.
2. Order Details & Accuracy
2.1 The Client is expected to have accurately entered or communicated all pertinent information at the time the order is placed.
2.2 We reserve the right to update incorrect information and adjust the pricing of the order to accurately reflect the order (e.g., the client
enters that the property is 1,200 square feet but it is actually 2,400 square feet).
3. Reschedule/Cancellation Policy
3.1 Confirmed appointments canceled or rescheduled within 24 hours before the appointment start time are subject to a $50 cancellation
fee.
3.2 Appointments that cannot be completed due to weather issues (e.g., our photographer is unable to fly the drone due to rain/wind, or too
heavy of rain to capture exteriors) will be rescheduled after contacting the Realtor, and the $50 cancellation fee will be waived.
4. Payment Terms
4.1 You will be invoiced before all media has been delivered. Payment is due upon receipt of the invoice. In order to get full access to the
materials for download and personal use you need to pay in full the amount requested in your order.
4.2 Final Payment: The remaining balance is due upon delivery of the final watermarked draft, prior to the release of the un-watermarked,
high-resolution media.
5. Service Area Coverage
5.1 Appointments with the following ranges will receive trip fees:
East - Service Area = $0
Center - Service Area = $40
West - Service Area = $60
Vieques + Culebra Service Area = $100
6. Grant of Rights
6.1 You hereby grant to Prime Visuals Solutions LLC, and its affiliates, contractors, commercial partners, licensees, successors and assigns
a non-exclusive, perpetual, fully transferable, sublicensable worldwide right and license, to create, reproduce, display, transmit, and
distribute the Work through any and all media now known or hereinafter developed.
6.2 The "Work" is defined as photo(s), video(s), and/or 3D content, floor plans, graphics, audio, animation, constituent files, and other visual
content of the property produced under these terms, including any derivative works created therefrom.
6.3 Any and all rights not expressly granted here are reserved to Prime Visuals Solutions LLC, including copyright and ownership rights in
the Work.
6.4 Prime Visuals Solutions LLC reserves the right to use the Work for the company's portfolio, samples, self- promotions, entry in contests or
exhibitions, editorial use, or for display within or on the outside of Prime Visuals Solutions LLC's premises.
6.5 Prime Visuals Solutions LLC further reserves the right to assign, transfer, license, distribute, or syndicate the Work and any and all rights
in the Work to its commercial partners.
6.6 Except as explicitly set forth in the Usage Section herein, You have no ownership rights in the Work and no right to sell or license the
Work to any third party, copy, modify, reproduce, or create derivatives of the Work without the prior written consent.
7. Usage Rights
7.1 In exchange for the Grant of Rights set forth herein, Prime Visuals Solutions LLC grants to You the right to use the images created from
the Work and provided to you by Prime Visuals Solutions LLC 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").
7.2 Your License is non-exclusive, non-transferable, covers all territories and media, and is for an unlimited time on websites owned by You.
7.3 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.
7.4 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.
8. Releases, Licenses, and Authorizations
8.1 By contracting with Prime Visuals Solutions LLC to produce the Work, You warrant and represent that You are authorized to enter into this
Agreement with regard to the Property and You certify that You have obtained all appropriate and necessary releases, permissions, waivers,
licenses and/or authorizations (hereinafter "Clearances") for the Grant of Rights and Usage Rights set forth in these Terms and Conditions,
including but not limited to Clearances from the owner of the Property and any other owners of intellectual property rights contained in, on, or
around the Property and captured as part of the Work, including the underlying architectural work.
8.2. You further warrant and represent that the Property owner and any occupants of the Property have waived any expectation of privacy
rights in relation to the images captured and distributed in accordance with the grant of rights hereunder.
8.3 You agree to indemnify and hold harmless Prime Visuals Solutions LLC against any and all claims, costs, and expenses, including
attorney's fees, due to uses of the Work for which You did not obtain the appropriate Clearance, including uses that exceeded the
Clearances actually obtained by You.
9. Indemnification / Hold Harmless
9.1 In addition to the terms and conditions contained in Section 6, You shall also indemnify and hold Prime Visuals Solutions LLC, LLC, its
officers, members, employees, contractors, licensees, sublicensees, agents, successors and assigns harmless from and against any and all
liability, claims, injuries, damages, loss, expense (including court costs and reasonable attorneys' fees) resulting from the performance of
this Agreement, or any distribution or use of the Work created hereunder resulting from Your breach of any warranties, representations or
certifications hereunder, or resulting from Your negligent or intentional acts or omissions and/or those of Your officers, agents, independent
contractors, employees, family members, invitees, licensors, the Property owner, and/or guests.
10. Scope of Voiceover Services
10.1 The Client must provide or formally approve the final script prior to the narration recording session. Prime Visuals Solutions LLC will
select a professional voiceover artist matching the agreed-upon tone (e.g., warm, luxury, energetic).
11. Revisions & Retakes
11.1 If the voiceover artist mispronounces a word or deviates from the approved script, the Studio will correct it at no additional cost. Any
changes made to the script after the narration has been recorded will incur a Retake Fee of $50 per round plus any applicable video re-
editing fees.
12. Video Revisions
12.1 Packages include up to 2 rounds of minor video edits (e.g., pacing, clip swapping). Structural revisions requested after final delivery
may incur additional editing fees.
13. Usage Rights & Licensing
13.1 PrimeVisuals Solutions LLC grants the Client a non-exclusive, perpetual license to use the final video, music, and voiceover for
marketing the specific property listing on the MLS, websites, social media, and digital advertising.
14. Restrictions
14.1 The voiceover audio track may not be extracted, modified, or reused for other properties, videos, broadcast television, or radio
advertising without an upgraded commercial broadcast license in agreement and consent with PrimeVisuals Solutions LLC.
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