Terms of service - Photography

When booking a session, you agree to these terms of service upon paying your deposit to schedule an appointment. 

Definitions: This Agreement is between Pro Home Photography (“Photographer”) and [You] (“Client”) which includes Client’s principals, employees, affiliates and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company or organization. Photographer’s relationship with Client is that of an independent contractor. “Image(s)” means the photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other, media.

Appointment Deposit and Payment: The Client shall make a deposit of $50 to secure the services selected in the online booking form. The remaining balance will be paid on the date of the scheduled appointment/photography session. All invoices are due upon receipt. Adjustments of amounts or terms must be requested within ten days of invoice receipt. No rights are granted until Pro Home Photography has received full payment, including if applicable, any late-payment charges. The Photographer has the right to charge a $15 dollar late fee per day the remaining balance is not paid after the photography session. Unless otherwise agreed upon, the use of any images(s) prior to full payment will be considered an unauthorized use. The client agrees that the reasonable and stipulated amount that will be paid to the Photographer for such an unauthorized use will be double the invoice total. Where usage rights before full payment are granted, the Photographer reserves the right to rescind any such usage rights if Client fails to make timely payment.

Booking & Payment Processing: Pro Home Photography uses Acuity Scheduling by Squarespace for our booking service to schedule appointments. Pro home Photography uses Square as our payment processor which is directly linked to our booking system. Square works with any US-issued and most internationally-issued magstripe or chip cards bearing a Visa, Mastercard, American Express, Discover, JCB, or UnionPay logo. Square also supports mobile wallets such as Apple Pay, Google Pay, and Samsung Pay. The following card types are accepted: Credit, Corporate, Debit (processed like credit), Prepaid, and Rewards.

Communications: All the communications with the Photographer or the Studio shall be made in English or Spanish and in Writing through email (therrera@prohomephotography.com). It is understood that it is the client's responsibility to inform the Photographer by email for any date or location changes. Pro Home Photography is not liable for any claims for messages sent by mobile text messages or social network websites. 

Delivery of services: Photography stills, the virtual tours, and video tours will be provided within 24 hours after the completion of the photography session; A 25% refund will be granted if these services are not delivered within 24 hours. Additional services such as a 2D floor plan, 3D floor plan, and virtual staging do not come with a next day delivery guarantee, but will be delivered as soon as possible. Client accepts that all photographs will be taken and edited at the photographer’s discretion based on the photographer’s experience and artistic view. If the client has special requests, they  shall create a “shot list” of all shots that they require. All deliverable images as per contract will have standard image editing (including: light and color adjustments). Any extra edits requested by the client will cost the client $35 per image if accepted by the Photographer.

Cancellation: If the Client shall cancel this Agreement more than 24 hours before the photo shooting day, any deposit fee paid to the Photographer shall be refunded in full. If the cancellation occurs less than 24 hours before the scheduled appointment, the Client forfeits the deposit fee.  If the Client does not cancel and the photographer arrives at the location of the session, you will be responsible for paying the remaining 50% balance.

Photographic & Videographic Materials and Copyright: All photographic & videographic materials, such as original negatives, photos, or slides, shall be the exclusive property of Pro Home Photography. 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.

Licensing: Images are licensed for specific use(s) and are not sold. The Client understands and agrees that they are not buying the Image(s) but are paying only for a license to use the Image(s) as specified on this Agreement. Note that buying the copyright to the Image(s) will always be much more expensive than any licensing fee. The term of license begins from the date Photographer receives full payment of invoice and upon delivery of images. The license ends 7 days after the property is sold or taken off the market. Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable and non-transferable. Any Image(s) may not be used in a logo, corporate identity, trademark or other service mark. The use of any Image(s) by Client 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 the Photographer.

Client’s Usage: The Client is obtaining prints for real estate purposes only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. If the Client is obtaining a print for reproduction, the Photographer must authorize for the Client to reproduce the print only as set forth under Special Usage Requirements. In such an event, the Client shall request that a copyright and credit notice for the Photographer be placed adjacent to the photograph on publication, but shall have no liability if the publication refuses or omits to do so.

Social Media: The usage clause applies to all social media, including Facebook and blogs. When published online it is required that citation of Pro Home Photography be made. The client agrees that they will under no circumstances alter any photographs that are placed in public on the internet. The client agrees to be responsible for any family member or friend who posts our photographs online and agrees that they cannot be cropped (with the exception of the forced cropping for Facebook’s Timeline), altered in color, or edited in any way.

Reshoots: If the Client requires a reshoot, the Client will pay the Photographer one hundred percent of the fee stated in the quote or invoice for the original shoot, plus all expenses for the reshoot. If a reshoot is required due to factors beyond the control of Photographer, including but not limited to, weather conditions, illness, or acts of God, the Photographer will not charge an additional fee and the Client agrees to pay all agreed expenses for the reshoot.

Failure to Perform: If the Photographer cannot perform this Agreement due to weather, other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return any funds previously paid 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.

Archiving Digital Files: While the Photographer may choose to archive the Image(s), it is Client’s responsibility to properly store and archive the Image(s) for the duration of the term of license. The Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to the Client. The Client is aware that optical, magnetic, electronic, and any other media for storing digital data are inherently unstable. The Client hereby releases the Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.

All digital files created by, or on behalf of, the Client that contain any Image(s) will be deleted or destroyed within ten days after the expiration date of license. Any requests for the photographer to reproduce images that were already delivered may incur a $100 processing fee. 

General liability and releases: The Photographer will take all reasonable care in the production of the Image(s) and the performance of this agreement. But the Photographer will not be liable for any loss, damages, or costs, suffered by the Client, or by any third party, arising from the Client’s use of any Image(s). The Client will indemnify, defend, and hold harmless the Photographer, his contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from the Client’s use of any Image(s).It is the Client’s responsibility to obtain all necessary permissions for any Image use that requires a release or other consents. In any event, Photographer’s liability for all claims will not exceed the total amount paid under this Agreement. This Agreement will be deemed to be a contract made under the laws of the United States and the State of Oregon, and for all purposes will be interpreted in its entirety in accordance with these laws. The Client specifically and irrevocably confers personal jurisdiction over it by the courts of the state of Oregon. The Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favor of the Photographer.

Session Terms: Sessions will be conducted at a location agreed upon by the Client and the Photographer.  The photographer will not trespass or use any property/locations that are considered unlawful to do so. If the Client wishes to shoot on private property it is the Clients soul responsibility to get authorization from the owner of the property.  The Photographer is not responsible for hazards at the location and the Client agrees to enter into the session at their own risk. No other photographers/videographers are allowed during the session unless agreed to in writing by Pro Home Photography. The Client or guests of the Client will refrain from taking cell phone images during the session unless agreed upon by the Photographer.