Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
PAYMENT
Full payment is due before the delivery of photos. We accept Visa, Mastercard, American Express, and Discover cards. We also accept payment through third-party digital wallets such as PayPal, Apple Pay, Google Pay, and Meta Pay. Your payment can be easily made online at a secure and encrypted payment area when booking. We currently do NOT accept cash or checks.
PROPERTY READINESS/PRE-SHOOT STAGING
The property must be ready to photograph at the agreed shoot time. I will make my own best judgement to shoot the property or call and inform the agent that a cancellation is suggested. Any cancellation made due to an unready house is subject to a cancellation fee. I am not responsible for any unwanted objects/clutter being visible in the final photos. If a property shoot takes longer than the standard allotted time for the property size due to an unready state, the photographer may leave to attend another appointment, whether or not the property shoot has been completed. No refund will be provided.
SCHEDULED TIME AND PROPERTY ACCESS
If Alpine Home Photography arrives at the property and is unable to gain access, we will do everything possible to make contact and rectify the situation. If the shoot must be abandoned, then we will charge a penalty of 50% of the total service fee amount and the purchaser will have the opportunity to reschedule at another time.
DELIVERY OF PHOTOS
All photos will be delivered to the client NO LATER THAN the end of next Business Day after the actual shoot via HDPhotoHub link to your Email. We strive to have photos by end of next business day, In rare situations such as google server issues, the delivery may exceed the end of the next business day guarantee.
FORMAT
Photographer will deliver photographs in JPEG or other standard formats, at a resolution that Photographer determines will be suitable for the Photos intended use. It is the Client's responsibility to verify that the Photos are suitable for reproduction and that if the Photos are not deemed suitable, to notify the Photographer within five (5) business days. Photographer's sole obligation will be to replace the Photos at a suitable resolution but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages.
WEATHER AND HAZARDOUS CONDITIONS
In the case of high winds, thunderstorms, or other hazardous conditions, the photographer reserves the right to determine if proceeding with the shoot is possible. Client must call one (1) hour ahead to discuss current weather conditions and if negative weather could impact the photoshoot they may reschedule for no additional fee. It is at the client's discretion to determine whether to reschedule or accept the risk that the photoshoot may result in certain undesired images or have other services missing. In the case the photographer needs to return in order to finish the assignment, the client will be responsible for the additional expense.
SAFETY
In the case that Alpine Home Photography feels unsafe or threatened in any way while on-site, the photographer has the right to leave the scene immediately regardless of progress. An on-spot cancellation fee of $75 may apply to the client's account and Alpine Home Photography reserves the right to deny rescheduling.
LICENSING
Alpine Home Photography retains ownership of all intellectual property and other rights in any materials, Videos or Photographs produced or created by us during the provision of services. All photos and videos produced for the client may be used by that agent for all marketing associated with the current sale of the property in accordance with local MLS rules. Please note that all photos are copyrighted by ALPINE HOME PHOTOGRAPHY LLC. and a license is granted only to the Agent and NOT to any third party. Any usage of the photos by a third party, including but not limited to architects, builders, stagers, designers, sellers, or buyers is prohibited unless approved in writing by Alpine Home Photography. Alpine Home Photography may use any photos for inclusion in an online portfolio, website, or other advertising.
CANCELLATIONS AND REFUNDS
No refunds are provided. Service may be Canceled or Rescheduled without penalty provided it is done with more than 24 hours advance notice. A fee of 50% of the service cost may apply to Cancel or Reschedule a photoshoot with less than 24-hour notice. Please contact Alpine Home Photography at least 24 hours prior to the photoshoot to cancel your appointment and avoid the cancellation fee.
DISCLAIMER OF WARRANTIES WITH RESPECT TO USE OF WEBSITE
THE WEBSITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALPINE HOME PHOTOGRAPHY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ALPINE HOME PHOTOGRAPHY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. ALPINE HOME PHOTOGRAPHY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
MLS PHOTO LICENSING AGREEMENT RIGHTS
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. 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 as provided by the Copyright Act 17 U.S.C 106. Photos may contain copyright management information (CMI) at the discretion of the Photographer in the form of either 1) a copyright notice and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to the Photographer for any penalties and awards available under the statute. Client is responsible for ensuring that the Photos are removed from MLS databases at the expiration of this Agreement.
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 Photographers permission and additional fees. Rights are assigned to the Client immediately upon delivery of the Photos and after the entirety of the photography fee is paid to the photographer.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
[email protected].
Our contact information is posted below:
Email:
[email protected]Phone: 719-286-9062
