TERMS OF SERVICE
By ordering services from Shutterwalk, you agree to the following Service Agreement for Digital Imagery Products. These terms are subject to change without notice.
Cancellations: All scheduled Real Estate photo shoot clients must provide 24 hours notice of cancellation before the scheduled appointment. Shutterwalk reserves the right to charge an $50 fee for all cancellations under the cancellation period.
Unable to Shoot Fee: The client is solely responsible for the preparation and condition of the property to be photographed. If Shutterwalk determines that the site is not properly prepared; cannot access the home; or that preparation of the property will delay the photographer, we reserve the right to cancel the appointment and charge a $50 cancellation fee.
Property: It is our policy that the photographer shall not stage or move anything on the property, however Shutterwalk will, at the photographer’s discretion, adjust minor things such as window coverings, pillows or turn on or off lights as deemed necessary to better capture the scene(s) and move small items that may be distracting in the photo.
Photographer will do their best to ensure that all significant aspects of the property are photographed unless the condition of said aspect has a negative impact on the property. This shall be left solely up to the photographer’s discretion, unless specific aspect(s) of the property are specifically requested by the agent or the homeowner.
Once the home has been photographed, the service may not be canceled. The agent will be charged the full price of the package ordered. In addition, the Photographer will not retouch images in order to disguise any known defects and/or physical structures such as cracks in walls or driveways, power lines, water towers, etc.
The homeowner shall ensure that there are no hazards to the photographer’s safety.
The photographer will do everything to ensure pets stay inside, but are not responsible for pets that escape the property during the photography session. Homeowners should ensure pets are supervised and out of the camera’s view.
Quality: Shutterwalk will provide the client with the highest quality of service and images possible. However, the quality is limited to the subject being photographed. In other words, a messy, dirty house will produce a high quality photo of a messy, dirty house.
Time Limits: Photo shoots are scheduled for a finite amount of time. Extreme overrun of this time may incur an hourly fee of $85/hour if determined not to be the fault of Shutterwalk.
Force Majeure: Shutterwalk is not liable for any service interruption or cancellation due to weather or Force Majeure.
Retakes and Rainy Day Policy: If the weather threatens to prevent photography, it is the client’s decision to continue or to reschedule. If rain is present, we can shoot the interior as the seller has probably put a lot of hard work into getting it ready for the scheduled shoot. I will then return for exterior photos at the earliest day possible where the weather cooperates. Another option is we can reschedule the entire shoot to my next available appointment. (No reschedule fees will be assessed for inclement weather.)
Arrival Time: Shutterwalk shall notify any client of a late arrival. Although we aim to be on time to every appointment, we cannot control the traffic, weather, or other factors that may cause a delay. We will make every effort to keep within our allotted time slot and to arrive as scheduled. Extreme lateness due to circumstances beyond our control may be eligible for a discount on the next service.
Liability: Shutterwalk is not liable for the failure of income of any marketing material we provide.
Online Availability of Product: Shutterwalk utilizes third party services to host our marketing material. Although we have chosen vendors with high availability, routine maintenance and server outages are beyond our control. We assume no responsibility for these outages, but will work to resolve the issues as quickly as possible.
Alterations of Photos: No alteration of photos produced by Shutterwalk is permitted by anyone other than Shutterwalk beyond resolution changes. No use of Photoshop or other image altering software is permitted on any product by the client or associates.
Additional Fees: Any work requested outside of the planned service may incur a fee. This includes additional time on site, and alteration to photos beyond the true scene. Also, any tolls (bridge, highway, etc) incurred while traveling to and from a photography shoot location will be billed to client at time of final invoicing.
Product Turn-around: Shutterwalk guarantees a 24-48 hour turn-around on listing photography from the time the photographer leaves the property. Delivery times on products other than listing photos varies and is not guaranteed within 24-48 hours.
Client Cooperation: We do our best to get you a finished product as soon as possible. At times this requires cooperation and information from the client in a timely manner. We assume no responsibility for delay of deliverables due to client delays.
Payment Policy: Shutterwalk operates on a fee for service basis, all monies owed are payable upon delivery of images, irregardless of the sale of the home or other conditions. We accept online credit/debit card payment via PayPal invoicing (standard fees apply) or check. The service charge for returned check collection is $35.00 per item, regardless of the amount of the check or the reason it was returned.
Service Area: We service a 15 mile radius around our home office in Tri-Cities, Tn. Anything outside of this range is at the discretion of the photographer and is subject to a $20 travel fee.
Guarantee: If for any reason you’re not 100% satisfied with Shutterwalk's photo services, you will be completely refunded in full, just return the marketing material and any photographs to Shutterwalk. No questions asked! No guarantees can be given for third party services.
Copyright Notice: Shutterwalk retains the copyright protection of all digital images. Shutterwalk reserves the right to use all images for promotion of Shutterwalk but not a third party. The original Realtor who paid for this service, has permission to use these images on any electronic or printed form of advertisement for the promotion of that property. Images cannot be altered after they are in your possession. Images cannot be sold by one Realtor to another Realtor who takes over an expired or withdrawn listing. Failure to pay for the images will result in a copyright infringement/violation. You will be asked to remove the image from any electronic or printed form of advertisement. Failure to stop using them will result in legal action.
Explanation of photo usage rights for real estate agents:
Your MLS may claim that by uploading listing photos to the MLS site you (the agent) transfer ownership or copyright of the photos to the MLS. Court cases have shown this to be false. You (the agent) cannot transfer the copyright because you do not own the copyright. Copyright can only be transfered via a signed document. MLSs just want to protect themselves and their members and no one wants to spend the time and money to get MLSs to get them to fix their rules as long as they don’t violate the photographer’s copyright so everyone typically ignores the false MLS claims in the area of photo copyright.
Some photographers may not discuss photo licensing with you. This may be either because they just haven’t taken the time or they don’t intend to relicense the photos. In any case, don’t assume the lack of a discussion about photo ownership means that you, the agent, own listing photos taken by a professional real estate photographer. You don’t. Always check with the photographer before giving listing photos taken for you by a professional photographer to anyone.
Many real estate photographers expect to license the same photos they take for you to other parties. Perhaps the stager, the architect, an interior designer or even another listing agent that lists this same property next year. So don’t give photos that are licensed to you away to anyone without first consulting with the photographer that owns the copyright. These photographers will probably ask you to sign a license agreement, mostly so it is clear exactly how you are allowed to use the photos that are licensed to you.
Photographers own the photos they take. So when you hire a real estate photographer to take photos of a real estate listing what you are paying for is a temporary LICENSE for one specific person (you) to USE those photos for a specific purpose (advertise your listing) for a specific length of time (the duration of your listing).