Term & Conditions :: TOM HUNTER 360

TERMS & CONDITIONS

AGREEMENT:

By using and purchasing services from the Tom Hunter Photography website, you agree and are bound to all Terms & Conditions set on the Tom Hunter Photography website.

Tom Hunter Photography reserves the right to change or adjust these Terms & Conditions at any time.

You should check the Terms & Conditions prior to booking for any changes. If you do not agree to the Tom Hunter Photography Terms & Conditions, please do not use or purchase any of the Tom Hunter Photography services on this website.

By using this website and/or purchasing services from Tom Hunter Photography, you agree to be legally bound and abide by these Terms & Conditions.

The TOM HUNTER 360 website is a subdivision of TOM HUNTER PHOTOGRAPHY, Tom Hunter 360 is Tom Hunter Photography.

SCHEDULING:

To schedule a photo shoot, please contact Tom Hunter Photography by phone or email - (626) 825-2694 / tom@tomhunterphoto.com.

Requesting a photo shoot must take place at least 24 hours in advance in order to secure and confirm the photography assignment.

After requesting your photography assignment, an email will be sent back to you regarding availability.

If available for your request, Tom Hunter Photography with send you an attach PDF with Rate information and Terms & Conditions, as well as welcoming your request.

You in turn must reply to the email sent, stating that you confirm, accepting all Terms & Conditions and Pricing, in order to proceed with the your requested photography assignment.

Tom Hunter Photography will then returm a confirmation email to you, and the photography assignment will be set in place.

IMPORTANT! - Upon confirmation, the client is bound to all "TERMS & CONDITIONS" stated on the Tom Hunter Photography website.

PROPERTY IS READY TO SHOOT:

It is important that the property is ready for photography, meaning that all areas to be photographed are CLEAN (toys, personal items, boxes, trash, etc), PRE-STAGED (furniture and items are placed nicely, no personal articles, etc.) and all LIGHTS are working.

SEE - "PROPERTY CHECK LIST"!

If a property is not ready for photography (upon arrival), the client may fall short of the allotted images offered (because of the photographers busy work schedule), and the client will still be liable for the full dollar amount of the scheduled work.

If the photographer is able to spend additional time at the location (to fulfill the amount of images needed for the scheduled work), an additional fee of $100 per hour will be charged to the client.
If the property is not ready for photography AT ALL, then a fee of $150, plus travel will be charged to the client.

In order to continue the photo shoot, a new appointment will have to be scheduled (as a new assignment).

Please understand that these costs are set in place to protect the photographers potential loss of business.

CANCELLATION:

To cancel or reschedule a shoot, please contact Tom Hunter Photography at least 24 hours in advance to avoid a "No Show" fee of 50% of the scheduled service. Please understand that these costs are set in place to protect the photographers potential loss of business.

If mother nature decides to step in at a moments notice, or any other unforeseen acts of god disrupts the scheduled shoot, then this is understandable, and the photo shoot may be rescheduled (at no additional cost).

TRAVEL FEE / PARKING:

Tom Hunter Photography is based in Prescott, and offers service for the greater Prescott, AZ area. Travel beyond this general location is subject to additional travel fees (which may include room and board), and deposit.

A Travel Fee of $3 per mile will be added in addition to all photography plans overall cost (this is for the greater Prescott, AZ area only). Further distances traveled outside of the Prescott, AZ area will be subject to all travel expenses (which include room and board), and a deposit.

Parking is to be provided (or a parking fee will be added to the overal cost of the assignment).

All travel or service is at the photographers discretion.

PAYMENT POLICY:

Payment is due on the day of your booked assignment, and will be collected at the finish of the days photo session (on location).

Tom Hunter Photography only accepts credit card as the form of payment (Visa, MasterCard, American Express and Discover), and your credit card will be processed via Square, other forms of payment is not accepted (Check, Cash, Etc.).

If a photo assignment is booked out of town, or beyond the business area of Tom Hunter Photography, a deposit, or payment in full will be required in order to book the assignment.

Assignment images will not be released until payment has been received in full. This rule may be waved if a good standing relationship has been established between the client/agent and Tom Hunter Photography.

Payment in full may be received at the time of booking, if a predicted amount images is disclosed. ... but from my experience, this predetermined sum will always change on location, as properties tend to be persuasive.

STANDBY FEE:

A $25 per hour Standby Fee may be used to compensate for a reasonable amount of time lost, standing by on location in order to complete a photography assignment.

SAFETY:

Tom Hunter Photography has the right to not except an assignment, or terminate service on location if a situation or environment does not feel safe, that may put Tom Hunter, or anyone, in harms way!

RE PHOTOGRAPHY

DEFAULT PHOTOGRAPHY PLAN (for residential properties):

During scheduling, the photographer may suggest the optimal time of day to begin service (considering where the sun should be for optimal photography).

Upon arrival, Tom Hunter will perform a walk through with the client in determining the proper or desired spaces to photograph.

Shooting each scene may take up to 30 minutes (depending on the complexity of the shoot).

If needed (and it usually does), the photographer will assist in staging a space, in order to enhance the look of the image, it is also very important that the agent, home owner or staging company have the property spaces ready for photography so that the photo shoot will move along in a timely manner.

During the shoot, it is not uncommon for Tom Hunter to ask the client (or director) for their opinion before capturing a scene, this is not being unprofessional, just being smart. The client may want something photographed specifically, and with a little bit of communication, everyone will be happy at the end of the day.

The client/agent must be present during the duration of the photo shoot (to avoid any complications).

After the photo session is complete (while on location), payment is required at this time and must be received in the full amount by credit card - via Square, in order to move forward with the assignment (Please read "PAYMENT POLICY" below).

A travel fee of $1.55 per mile and credit card surcharge fee of 2.9% will be added in addition to the overall assignment cost (rate + travel + cc processing fee).

Tom Hunter Photography serves the greater Prescott, AZ. area, travel outside this area may be subject to additional travel fees (Room & Board), and a deposit or the full amount may be collected in advance before moving forward with the photography assignment.

Images may take up to 72 hours for delivery (either because of prior assignments, or the weight of the current assignment), but usually they are delivered sooner. Each image is edited optimally (in photoshop) to show the prospective buyer the properties full potential and beauty.

All image files will be sized for print (high res) and web (low res) output.

When editing is complete, the digital image files will be delivered by way of an online storage service (DropBox).

A download link will be emailed to the agent/client (or to any publication) in order for the images to be received.

An invoice will be emailed to the client for their records.

The Default Photography Plan may not be split up between two properties.

All photography assignments are at the photographers discretion.

All images © Tom Hunter Photography, all rights reserved.

BASIC PHOTOGRAPHY PLAN (optional - for modest residential properties):

This photography plan may be offered to help assist the clients budget and moderate photography needs (which will be discused in advance).

The Basic Photography Plan is only available at the photographers discretion (because most properties usually need more attention, that only the default photography plan provides).

Payment in full is due at the time of booking (by credit card w/ a 2.9% surcharge added in addition to the Basic Photography Plan rate), to confirm the assignment (the assignment will not be confirmed until payment has been received).

Limited time being a factor, Tom Hunter will effectively shoot a property in a short or reasonable amount of time, keeping the client on schedule with their busy day. Shooting each space will be very brief, so it is crucial that the agent, or staging company have the property space ready for photography at the scheduled time of arrival (all spaces will be photographed as is). Each space (for photography) will be selected by the photographer, unless, the realtor professional has already planned the flow of the shoot ahead of time (in keeping the pace moving in a timely manner).

Photography starts at the time of arrival.

Assisted staging is not included or any pre/post production requests (because of cost, time or workload restraints), all spaces will be photographed as is.

Lighting is not included, but may be used at the photographers discretion.

The client/agent must be present during the duration of the photo shoot.

During post production, the photographer will have full control of the workflow.

All images will be quickly processed (with minimal editing).

All image files are sized for print (high res) and MLS (low res) output.

The digital image files will be delivered the next day (or sooner) via online digital file storage service (DropBox).

A download link will be email to the agent/client (or to any publication) in order for the images to be received.

A Dropbox account is free, and is needed to download the image files. Download all images to a secure location (computer, external harddrive).

The photographer is not responsible for the lost of image files!

An invoice will be emailed to you for your records (Please read "PAYMENT POLICY" below.

Photography service is only available within the prescott city limits, and is only available at the photographers discretion.

Travel is included.

The Basic Photography Plan is based on a set rate, and is not permitted to be split up between other properties. Every property is invoiced as a separate assignment.

The agent/client agrees and is bound to Tom Hunter Photography's current pricing and “Terms & Conditions”, once the photography assignment has been confirmed by Tom Hunter Photography.

RE 360 PHOTOGRAPHY

VIRUAL 360 TOUR:

A Virtual 360 Tour assignment is somewhat similar as the default photo assignment, in terms of planning and location readyness (see above for details and terms). The difference is the method of photography (capturing the scene) and post process (time intensive and complex, catering to the clients needs of an assignment).

A Virtual 360 may be used as a stand alone or made into a complex tour.

A stand alone Virtual 360 may be added to Youtube, which is an additional process using video editing software (FCPX). ...YouTube - Virtual 360 may not work with all browsers!

A stand alone Virtual 360 and tour maybe be added to a property website or any business website.

All Virtual 360 Tour scenes resolutions are set to the clients intended needs.

All Virtual 360 Tour may include: still images, logos, icons, and copy/paste text to personalize the media.

Because of the complex post process involved, a Virtual 360 Tour assignment may take longer to complete than a regular real estate photo shoots post process (depending on the amount of spaces photographed and editing needs).

Due to workflow conflicts, the rate of a Virtual 360 Tour assignment may be re-negotiated to compensate for any production needs, etc..

For Virtual 360 Tour pricing, click HERE!

DRONE SERVICE:

Drone Service is not available at this time.

Because of airspace restrictions(airport and fcc/goverment regulated areas), drone photography is mostly forbidden in the greater Prescott area.

Tom Hunter Photography does however own a drone that is only for recreational use, meaning that the drone may be used for still image use (not video), at no charge to the client (only in permitted areas, and at the photographers discretion regarding unsafe conditions or circumstances).

If drone photography is approved of, only one Image will be alloted (basic editing).

RE IMAGE DIMENSIONS:

All listing Images are sized for MLS and Brochure, Pamphlet, Leaflet, Flyer, Handout, Mailout advertising (residential real estate use only).

For Print, images are sized to 2000x1333 (300dpi).

For MLS, images are sized to 1050x700 (72dpi).

DIGITAL FILE QUALITY:

Tom Hunter Photography is committed to providing high quality services. Unless otherwise specified on the reverse side of this Agreement, Tom Hunter Photography may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Tom Hunter Photography may select, at a resolution that Tom Hunter Photography determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.

Tom Hunter Photography uses cameras and monitors that are color calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and colour will be adjusted for pleasing tonalities.

It is Client’s responsibility to verify that the digital data, including colour profile, if provided, are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Tom Hunter Photography’s sole obligation will be to replace or repair the data, but in no event will Tom Hunter Photography be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.

COMMERCIAL SERVICE

COMMERCIAL PHOTOGRAPHY:

Commercial photography is photography created with the intent of making the end user money; essentially, photography for commerce and business.

Commercial photographs are generally images of buildings, models, merchandise, artifacts and landscapes that are used for promotional purposes in websites, electronic devices, magazines, newspapers, books, reports, advertisements, corporate brochures and leaflets, menus in cafes and restaurants, catalogs, etc. In commercial photography, the entire photo shoot is devoted to the product being photographed. The lighting, styling and background is all taken into consideration.

There are many details to cover when assessing the cost for a commercial photography assignment, so there is no flat rate for this format of photography. I can say that each photography assignment will involve a creativity, production, travel and usage fee. By evaluating the essential necessities to accomplish a successful shoot, a price or quote may then be suggested.
Please call for information - (626) 825-2694, thank you.

WEB DEVELOPMENT

PROPERTY WEBSITES:

Each property website is custom built by Tom Hunter.

Each webpage built is designed for the use of selling a single property.

The content of a webpage may hold still photography, video, virtual 360 panoramas and agent/client/home owner information that pertains to the property for sale.

A limited amount of content may be added to the webpage, please see example "HERE" to get a basic idea.

For Property Website pricing, click HERE!

FLOOR PLAN:

A 2D Floor Plan may be added in addition the default photography Plan, 360 Photography Plan, or a Property Website,

Floor Plans are limited to properties under 2500 square feet.

Showing Floor Plan dementions are optional.

A Floor Plan image may be outputed as a JPG, PNG, or PDF.

DISCLAIMER: The 2D Floor Plans provided by Tom Hunter Photography are illustration renderings for advertising purposes only, and should not be used for contractor services or any usage that demands accuracy, as they are not exact measurements.

The provided 2D Floor Plans should only be used as a general indication of the property’s layout. Tom Hunter Photography does not make any guarantees about the accuracy and completeness of the 2D Floor Plan information, and the Floor Plans are to be used at your own risk.

Tom Hunter Photography will not be liable for any losses and/or damages in connection with the use of this website.

USAGE/COPYRIGHT

USAGE RIGHTS and OWNERSHIP:

All photographic materials, such as original image files and negatives, photos, or slides, shall be the exclusive property of the Photographer. The Photographer shall own the copyright in all images created and may use the work for samples, contests, exhibition, advertising and self-promotion. Usage outside the bounds of this agreement will require the Client’s consent.

All images (digital files) photographed by Tom Hunter Photography, (residential or commercial) are strictly restricted of any use of publication (in any way), unless permitted by Tom Hunter Photography, in writing, by copyright law.

Each image (file) contracted for the use of residential real estate advertising includes a "ONE YEAR" non exclusive, non transferable usage right for real estate advertising only (not to be used for commercial use of any kind) by the end user (hiring agent/client), from the time the images are delivered (which will be stated on the invoice). The usage license fee (which is separate from the creative fee) is complimentary for the first year (only), additional use of any image (beyond it’s contract use), is subject to a usage license fee (for whatever the length of time is needed). All residential real estate images (under this one year contract), will be terminated of its usage contract, either by the end of one years use, or by the property being sold, during the first year of its contract (which ever comes first). Further use of any image file used for residential real estate advertising (beyond the one year usage date, or, after the property has been sold, within the one year of its contract use, which ever comes first), must be brought to Tom Hunter Photography's attention, to be relicensed under a new contract.

All residential real estate images (digital files) photographed by Tom Hunter Photography are contracted for a specific property (or property unit), specific time frame of use and specific end user.

All residential real estate images (digital files), that are under contract, may only be used to sell the one property (or property unit), for which it was intended for. It is not permitted by Tom Hunter Photography to use any previous job images (digital files) that do not pertain to the specific property (or property unit), for which that image was originally shot for.

Explanation: If Tom Hunter Photography photographs unit #101 at an apartment or condo complex, including a “front of building” and “landscape” shot for a client, the client may only use these specific images to sell that one property or property unit. If Tom Hunter Photography photographs unit #102 (at the same location - complex) at a later date, without a “front of building” and “landscape” shot, the client is not permmited to use any of the previous images shot for unit #101, to benefit unit #102's listing or advertising plan, unless Tom Hunter Photography releases the specific image file (s) needed, by charging a usage license fee.

If the agent/client is in need of the same image (front of building, landscape, etc.) to sell multiple units, in the same complex (location) then these images may be considered as a commercial usage (and a commercial usage license agrement will be advised), but if only used for residential real estate use, then each image will be priced for the use of each unit used (listed for MLS) in the complex or building.

All residential real estate images are under contact and may only be used for web content (such as realtor websites for selling the property, mls websites, property listing websites) and prints (such as realtor property flyers, realtor property brochures, local news papers).

All residential real estate images are not to be used for commercial use in any way (such as advertising on websites, electronic devices, television, magazines, newspapers, books, property decor, etc.) to decor, promote or sell a product or business of any kind.

All images used for commercial advertising will be under (a commercial license) contract, and may only be used for the usage stated on the contract (such as publishing on websites, electronic devices, television, magazines, newspapers, books, property decor, etc.).

Client acknowledges that Tom Hunter Photography is the author of all Images and also the first and sole owner of all copyrights of the Image(s).

All Images and copyrights remain the exclusive property of Tom Hunter Photography without limitation. All usage rights to the Image(s) specifically granted by Tom Hunter Photography to Client will appear on the Agreement.

No electronic publishing, or Internet use, of any kind is permitted unless specifically stated.

IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD. Client understands and agrees that it is not buying the Image(s) but is paying only for a license to use the Image(s) as specified on the reverse side of this Agreement. The term of license begins from the date Photographer receives full payment of invoice. The use of any Image(s) will not constitute a work of joint authorship. Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer. Unless otherwise agreed, Photographer retains the right to use any Image(s) for his self-promotion.

Client Account Contract - TERMS AND CONDITIONS letter sent to client:

PHOTOGRAPHY LICENSE AGREEMENT – TERMS AND CONDITIONS
These terms and conditions govern our agreement. Your use of the Products signifies your acceptance of these terms and conditions. The specific Rights of the use of the Products are outlined above of this document under: “USAGE RIGHTS and OWNERSHIP”.

We agree to provide you with the Products. If you have paid us in full, you have the Rights to use the Products. You agree that the Rights to use the Products have been granted only to you. You agree not to transfer, assign or sublicense your Rights to use the Products, or the photographs contained therein, to anyone without our written permission.

When you receive the Products from us please check them to be sure they are acceptable. Any additional services requested after delivery of the Products may incur additional fees. To avoid misunderstandings you agree to notify us in writing within five (5) business days of receipt of the Products if you believe they are not acceptable, in which case our sole obligation will be to replace the Products. In no event will we be liable for incidental or consequential damages of any kind.

You agree that we will remain the owner of all the copyrights in the Products. ALL PHOTOGRAPHS ARE THE COPYRIGHT OF THE PHOTOGRAPHER. This agreement does not transfer copyright to you. You agree that we reserve all rights not granted to you by this agreement. If we discover that someone is infringing on our copyright you agree to cooperate with us to help us stop the infringement or collect damages.

If anyone asks you for any of your Rights to the Products, you agree to refer them to us. If we agree to allow others to use the Products, an additional licensing fee may be required. We agree not to use the Products in a way that interferes with your Rights.

We are an independent contractor and not your employee. You are not our agent and cannot make agreements for us.

If not payed in advance, our fee is payable upon delivery of the Products. If for any reason payment is not made within 1 day from the date of delivery of the Products, the Rights granted to you will terminate automatically.

Your License to use the Products will automatically terminate when the property is sold or you are no longer the listing agent for the property.

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