This video/photography services terms of service is between Immersion Factory LLC, (the “Photographer”) and (the “Client”).
The Client wishes to engage the Photographer as an independent contractor for the Client for the purpose of shooting videos, photos and iGUIDE Tours (the “Media”) at the Client’s rental or at (the “Property”).
The Photographer wishes to shoot the Photos and provide the Services (as defined below) at the Property in accordance with this agreement.
The parties therefore agree as follow:
- ENGAGEMENT; SERVICES
(a) Engagement. The Client retains the Photographer to provide and the Photographer shall provide the photography described in subsection (b) (the “Services”).
(b) Services. The Photographer shall:
- devote enough time to shooting the Property on the agreed upon day and enough time to edit the video/photos;
- perform the Services in a safe, good, and workmanlike manner by fully trained, skilled, competent, and experienced personnel using at all times adequate equipment in good working order. The Photographer may delegate incidental responsibilities to the Photographer’s staff, but primary responsibility for fulfilling the Services remains with the Photographer;
- provide at least one individual to shoot footage at the Property;
- provide all equipment and supplies required to perform the Services; and
- consult with the Client about specific property features to be shot at the Property.
(c) Client’s Obligations. The Client shall:
- make timely payment upfront upon booking earned by the Photographer under this agreement;
- provide relevant information to assist the Photographer with the performance of the Services.
(d) Limited Licensing Release:
In order to provide you with the best service and support at a reasonable price, we do not sell our media. We license their use. So, the fee quoted is dependent on (1) payment of the invoice in full, (2) using the media only as indicated, and (3) protecting them with proper copyright notification.
- This service agreement is a limited license photography release. Videos and images delivered are licensed to the Client for:
- The purpose of listing on Youtube.com, VRBO.com, HomeAway.com, Airbnb.com, social media, Ithacarents.com, Zillow (& other landlord rental sites), Craigslist.com, the MLS (for real estate agents only), the Client’s website and personal use only.
- Three years.
- Only the Client has permission to use the delivered video or images on the above websites.
- Builders, stagers, designers, or “third parties” that wish to use video or images must contact the Photographer directly for licensing and fees.
- For video and image integrity, and quality control we ask that videos and images not be altered once delivered.
- Video and photo credit must be given to the Photographer when used on any and all social media sites.
- In the event that the Client (a landlord) sells a property shot by the Photographer intended to market their rental property, they, nor their realtor, may not use the video/photo assets in promoting the sale in the MLS, nor any other site or medium unless:
- The Client may use all assets during the sale of their property if the Client acquires full ownership of the video/photo assets by paying the additional fee. See Copyright Notice.
- In the event that the Property is sold to a new owner different from the Client, these videos and images cannot/will not be made available to the new owner.
- Unauthorized use of images/video is a copyright violation and will result in termination of this contract.
- The Photographer retains all copyrights expressed and implied for all images or videos taken.
- Should a Client want to acquire full copyright of the Photographer’s raw/unedited images, iGUIDE tour and or video, they can acquire them for an additional $100 or 5% of the total fee (whichever is greater).
- If the Client acquires full copyright, they give the Photographer an unlimited, perpetual license on the image/video/tour for use in the Photographer’s demo-reel and other marketing material to promote the Videographer’s projects and abilities.
The Photographer will work with the Client to get feedback and input, but the Photographer retains creative control over the final media.
- Fee. As full compensation for the Services, the Client shall pay the Photographer (the, “Fee”), to be paid as follows:
- Full payment shall be received when this agreement is signed.
- The fee can be payable in cash, credit, or check.
- Credit card payments can be processed online via our booking portal (immersionfactory.co/booking). We use Stripe to process.
Refunds in Certain Circumstances. A full refund will be payable to the Client under any of the following circumstances:
If the Photographer did not directly perform or complete the Services within 90 days of the original booking;
Revisions & Other Costs. The Client gets up to 20 minutes of complimentary editing time. Thereafter, changes will be billed at $75 per hour. The Photographer will present the Client with estimated times to complete changes and not do any billable revision work without written approval from the Client.
Expenses. Any ordinary and necessary expenses incurred by the Photographer or its staff in the performance of this agreement, including travel expenses to the Property, will be the responsibility of the Photographer.
Taxes. The Photographer is solely responsible for the payment of all income, social security, employment-related, or other taxes incurred as a result of the performance of the Services by the Photographer under this agreement, and for all obligations, reports, and timely notifications relating to those taxes. The Client has no obligation to pay or withhold any sums for those taxes.
Other Benefits. The Photographer has no claim against the Client under this agreement or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
Shoot requests: To ensure the best results of the photo/video shoot please be sure the home is ready prior to the scheduled shoot time.
- It is the Client’s responsibility to ensure that the listing is ready for the virtual tour/photography to be produced at the arranged time.
- For liability the Photographer does not handle any cleaning, dusting, or moving of furniture.
- The Client shall ensure that there are no hazards to the Photographer’s safety.
- Generally, the Photographer will be shooting video through the entire home and outside the Property with a drone. Any specific features the Client wants to feature in the video needs to be communicated before the shoot.
- It is the responsibility of the Client to inform the Photographer as soon as possible about rescheduling.
Weather Policy, Schedule & Cancellation/postponement Policy:
- Outdoor video/photo and drone videography necessitate clear weather with no precipitation. If inclement weather is forecasted for the scheduled date and time, the Photographer has the option to shoot indoor media only on the scheduled date while the outdoor shoot can be rescheduled to the nearest, most convenient date and time of both parties. Or the Photographer may reschedule the whole shoot as soon as possible.
The Client warrants that it has the full legal rights to any and all photographic, film, or video images supplied by the Client to the Photographer for use in the media. The Client agrees to indemnify, defend and hold the Photographer and its officers, directs, agents, employees, representatives, associates and affiliates each of them, harmless from and against any and all losses, costs, damage, liability and expense, including reasonable attorneys’ fees, arising out of any claim whatsoever, directly or indirectly, from the use of copyright images supplied to the Photographer by the Client.
Single Property Website:
The Client has the option to have a FREE single property website created for each booked shoot or not.
The Client understands and has instructed the property owner that the Photographer videos and photos of the listing will be broadcast on the internet as part of your marketing package and will be public. Sites include but are not limited to, IFTours.com, YouTube, Realtor.com, Zillow, Trulia, and other third party sites resulting from syndication. If media is requested to be removed, you understand that we’ll be able to remove it from our YouTube channel and our website within 24 hours but cannot guarantee the removal from any sites or persons that may have downloaded or copied the videos/photos.
The Photographer’s team will perform their tasks to the best of their ability, but the Photographer accepts no responsibility for unforeseen circumstances including but not limited to equipment failure, power outages, inability to attend and perform services due to illness, and/or any other situation beyond the Photographer’s control. In the event that unforeseen circumstances occur, the Photographer will use best efforts to provide similar services. The Photographer’s sole liability in any case shall be limited to a monetary amount no greater than the total of monies paid by the Client.
By completing a booking and paying you are agreeing to our terms of service.