TERMS OF SERVICE

MJ FotoGraphy

Michael Jaumotte

(702) 582-9669

FotoGraphy.MJ@gmail.com

www.MJ-FotoGraphy.com

REAL ESTATE PHOTOGRAPHY

TERMS OF SERVICE

These Terms of Service will remain in effect for all future engagements between Client (The Client) and MJ FotoGraphy (The Photographer), or until Terms or Service are edited or amended by MJ FotoGraphy. The current Terms of Service will always be available on our website shown in the header of this document.

TERMS AND CONDITIONS

SERVICES

Real Estate Photography Shoot - Including but not limited to the production of photos, videos, and floor plans for the marketing of real estate listings for sale or for rent. The rate on The Photographers current price sheet includes a single use license for use by one party during one listing period. Additional licensing needs will incur additional fees. All current rates are shown on www.MJ-FotoGraphy.com and are subject to change. All photos will be delivered via a third-party service called PixieSet and will require payment prior to final delivery.

HOURS OF OPERATION (Pacific Standard Time)

Monday – 10am to 3pm

Tuesday – 10am to 3pm

Wednesday – 10am to 3pm

Thursday – 10am to 3pm

Friday – Closed

Saturday – Closed

Sunday – Closed

PHOTOGRAPHY & TWILIGHT PHOTOGRAPHY

A complete set of photos will be created to display a property in its best light. Number of photos will be appropriate for the size, features, and number of rooms of the subject property. The Photographer reserves the right to outsource the editing of pictures. All sales are final and no refunds will be given once payment and delivery are complete.

Twilight photography is the process of taking pictures at or just after sunset to create a very emotional and attention-grabbing photo. The Photographer will return to the property just prior to sunset to setup the shoot. The rate includes travel, time, photography and editing of the first photo. There is a charge for additional photos.

VIDEOS

Videos will be shot and edited to feature the highlights of a property with motion and sound. Videos will not necessarily show every room of the subject property. The Photographer reserves the right to outsource the editing of videos. All video products will go through a rough draft stage prior to final editing and delivery. If The Client wishes to make changes to the video, The Client must request via email during this time frame. Additional editing after final payment and delivery will be subject additional fees.

AERIAL/DRONE PHOTOGRAPHY & VIDEO

Both Photography and Video sections of these terms of service apply to Aerial/Drone services.

The Photographer is a FAA Part 107 Licensed UAS Pilot. Therefore, all flights/missions are conducted under the regulation of the FAA. If the FAA does not allow flights or denies a request for a mission, the order will be canceled for the Aerial/Drone service and The Client will not be charged for the Aerial/Drone service. In the event there is a temporary flight restriction in the area of the flight/mission, The Client will be given the option to reschedule the Aerial/Drone service or cancel the Aerial/Drone service.

With Aerial/Drone service, weather is a factor. In the event of inclement weather preventing the flight/mission, The Photographer will schedule a new appointment at the earliest available time. The Photographer may cancel a shoot at any point up to and including the appointment time due to inclement weather. If The Client wishes to cancel Aerial/Drone services due to inclement weather, it must be done more than 12 hours before the appointment start time to avoid a cancellation fee.

MATTERPORT 3D & ZILLOW 3D HOME

Matterport and Zillow 3D Home are services that we provide to allow for 3D tours of a property. This will allow for potential buyers/tenants to view the property without physically being at the property.

Matterport service is for interiors only and cannot be done on exteriors due to limitations of the software. The tour is serviced and accessed thru the respective service (i.e., Matterport or Zillow) directly.

The Photographer will keep the Matterport service active for up to 6 months OR until the property is in Sold status on the MLS OR until the contract is canceled, whichever comes first. In the event The Client needs to extend the Matterport Tour longer than 6 months, The Client will need to contact MJ Photography and additional fees will apply. Zillow 3D Home sticks with the listing on Zillow.com and Trulia.com.

Both Matterport and Zillow 3D Home do NOT allow for editing of the images.

VIRTUAL STAGING

Virtual Staging is using an existing photo and adding furniture and decorations to the photo. This is to show the potential of a property. The staging is done by MJ FotoGraphy with a third-party software called Apply Design. This service cannot be done to Matterport 3D Tour or Zillow 3D Home Tour due to the respective services not allowing editing of 3D scans.

It is recommended that the Virtually Staged photos be uploaded to the MLS with a watermark saying “Virtually Staged”. MJ FotoGraphy will provide two versions of the photo, one with the “Virtually Staged” watermark, and one without. It is further recommended that The Client states there are Virtually Staged photos within the public comments section of the MLS.

MJ FotoGraphy will not be responsible for MLS violations to The Client for Virtually Staged photos. Only non-fixtures will be “Virtually Staged” in photos. MJ FotoGraphy will not add fixtures (swimming pools, built in BBQ areas, light fixtures, etc…) to photos.

AT THE SHOOT

The Client is not required to provide a representative on site. If The Client representative is not present, The Photographer’s interpretation of the project shall be deemed acceptable.

All properties will be shot “As Is.” The Client’s input is valuable and respected when determining photographic choices. Absent of The Client’s input, The Photographer will use his/her best judgment and experience to decide how best to photograph the property. The Photographer will make a reasonable effort to remove litter, stray objects, etc. that may detract from the photography; however, The Photographer is not responsible for preparing, cleaning, or staging the property.

AFTER THE SHOOT

The Photographer will perform digital retouching and editing, and deliver the completed assets to The Client via email. Delivery is a digital download via a third-party service called PixieSet. All instructions to download the gallery will be available on said email.

PAYMENT

Once delivery of the products is complete, the client will receive an invoice for the amount due for the services rendered. Payment is accepted online via the third-party service PixieSet and Stripe that accepts both Credit and Debit cards.

For nonstandard services payment terms will be outlined by The Photographer in the project quote or invoice.

If the client is late on their payment, no further services will be given until the debt is settled and a 25-dollar late fee will be applied for each month they are late thereafter. If payment becomes 6 months late, The Photographer will pursue legal action.

RE-TOUCHING

Re-Touching is when The Client would like something altered to the product supplied. Re-Touching will be completed at The Photographers discretion to be “Reasonable” to keep the integrity of the image to reality and editing style. One round of Re-Touching will be provided with any Service.

SCHEDULING AND CONTACT INFORMATION

Requests for service and unique or custom photography appointments can be submitted via phone/text at (702) 582-9669, or by email to FotoGraphy.MJ@gmail.com with as much detail as possible. The Photographer will reply back to discuss availability and verify the date, time and location of the shoot.

CANCELLATION, NO-SHOW AND INCLEMENT WEATHER POLICY

Appointments booked can be cancelled or rescheduled by calling, texting or emailing The Photographer at (702) 582-9669 or FotoGraphy.MJ@gmail.com. If cancellation or rescheduling is necessary, 24-hour notice is requested by The Photographer. Any shoot cancelled by The Client within 12 hours of a booked appointment is subject to a cancellation fee up to $100 at The Photographer’s discretion.

If The Photographer is unable to gain access to a property more than 30 minutes past an appointment start time due to The Client or The Client’s representative arriving late or not providing proper access instruction, it will be considered a cancellation, and will be billed at the full rate of the shoot at The Photographer’s discretion. The Photographer will make a reasonable effort to accommodate a re-scheduling.

In the event of inclement weather preventing photography, The Photographer will schedule a new appointment at the earliest available time. The Photographer may cancel a shoot at any point up to and including the appointment time due to inclement weather. If The Client wishes to cancel a shoot due to inclement weather, it must be done more than 12 hours before the appointment start time to avoid a cancellation fee

LICENSING, RIGHTS, AND USAGE

SINGLE USE LICENSE

All assets produced for The Client may be used by The Client for any and all marketing materials and campaigns associated with the sale of the property and for The Client’s self-promotion. The assets produced may also be used by The Client’s parent company for the sole purpose of marketing the specific property photographed.

Ownership of the assets produced remains with The Photographer, and license is granted only to The Client and The Client’s parent company, and not to any third party. Any usage of the images by a third party, including but not limited to, architects, builders, stagers, designers, sellers or buyers, is strictly prohibited unless approved in writing by The Photographer.

This license extends throughout the duration of the listing while it is active and represented by The Client. This usage license expires upon execution of sale, termination of the listing contract, or transfer of the listing to any other party. Continued usage of the assets by a new listing party or on subsequent listings of the same property is prohibited unless approved in writing by The Photographer. An additional usage license, including a lifetime license, for subsequent listings or a third party can be made available for purchase at the The Photographer’s discretion.

GUARANTEES

DELIVERY GUARANTEE

All Delivery Guarantees, except for Virtual Staging, are timed from the end of the shoot.

MLS Photography - Next Business Day by 5pm PST

Aerial/Drone Photography - 2 Business Days

Twilight Photography - 2 Business Days

Matterport 3D - 2 Business Days

Zillow 3D Home - 2 Business Days

Video - 5 Business Days

Virtual Staging - 2 Business Days after selection

Reasonable Re-Touching - 1 Business Day

Custom Services - Negotiated

All Other Services - 2 Business Days

In the event The Photographer misses the Delivery Guarantee deadline, there will be a 50% discount applied on top of the current total. This will be combined with all other currently applied discounts.

BLUE-SKY GUARANTEE

The Photographer guarantees blue sky on one photo. In the event of a mostly to fully cloudy primary photo on the day of the scheduled shoot, The Photographer will replace the cloudy sky of the primary photo to a blue-sky photo at The Photographers discretion.

AMENDMENTS

These Terms of Service will remain in effect for all future engagements between The

Client and The Photographer. Any modifications of these Terms of Service can be requested at any time by emailing The Photographer. Further, the current version of Terms of Service can be found on our website in the FAQ section.