1.0 GENERAL PROVISIONS

1. These terms and conditions constitute the agreement between the photographer (A4-Designs or contractors hired by A4 Designs) and the client (pursuant or agent requesting A4 Designs' services) to which services are to be performed.

2. The photographer agrees to comply with all applicable terms and conditions of the agreement between them and the client.

 

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2.0. SCOPE, AMENDMENTS AND ATTACHMENTS

1. The scope of this agreement (contract) including the "photography services" will be stated in an invoice which is to be sent to the client. 

2. This document, including the attachments referred to herein and together with any written amendments hereto which may be agreed to constitutes the entire understanding and agreement between the parties with respect to the services to be provided here under and supersedes all previous negotiations, commitments, writings, and agreements with respect to the subject matter hereof. The performance of services shall fully comply with the attachments attached herein. No waiver, alteration, or amendment of any of the provisions hereof shall be binding unless in writing signed by the fully authorized representatives of the parties hereto.

3. This agreement applies to any media (photography, graphics, videos, designs, digital assets, or digital images) created or taken (collectively known as “multimedia” or “media”) by the photographer and delivered, or pending delivery to the client for the property address or services provided or billed on the invoice provided to the client. 

 

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3.0. FEES AND PAYMENTS

1. Compensation for services provided by the photographer will be based on the prices set by the photographer.

2. The total unpaid balance must be paid in full prior to the client receiving the final product(s). 

3. In the event the client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not provide the client with the finished body of work (media captured or created from the services performed by the photographer). 

4. All travel expenses are based on the distance between the location(s) and the photographer's designated location. 

5. For all locations, the first 25 miles (round-trip) of travel are included. All miles in excess of 25 miles (round-trip) are eligible to be charged at a rate of $.60 per mile.

 

 

4.0. WEATHER

1. The client should understand that there can be times when services cannot be completed due to weather. In those circumstances, the decision about capturing or creating media is up to the photographer. 

2. If additional outdoor photos are required on a better weather day, a re-shoot fee may apply. No reschedule fee will be charged in the event of bad weather. Rescheduling will be subject to availability.

 

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5.0. LICENSES, PERMITS, AND REGISTRATION

1. The photographer shall comply with all federal, state, and local laws, rules, and regulations with regard to necessary licenses, permits, and registrations in the performance of the services requested by the client. 

2. Any regulated services performed under this agreement shall be done by those authorized and licensed in that locality, state or nation to perform such services. 

3. The photographer is limited by the rules and guidelines of the location(s) and site management. The client agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is the client’s responsibility; the photographer will offer technical recommendations only. 

4. The client is responsible for acquiring all permits/ agreements and necessary permission(s) for all locations on which the photographer will be performing services.

 

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6.0. RIGHTS

1. All media and rights relating to the media, including copyright and ownership rights in the media in which the media files are stored, remain the sole and exclusive property of the photographer. 

2. This agreement provides the client with the limited right to publicly display, and distribute the media only for promotional or advertising purposes directly related to the sale of the property.

3. Media 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.

4. Media may be uploaded to any listing service(s) solely for promotion of the property during the pendency of this agreement. However, regardless of any terms and conditions of the listing service(s), 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. 

5. Media 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. 

6. 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. The client is responsible for ensuring that the media is removed from listing service(s) databases after the sell of the property the media was captured for.

7. 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 (sell of the property), whichever occurs first. Further use of images beyond one (1) year requires the photographer’s permission and additional fees. These temporary rights are assigned to the client immediately upon the delivery of the media.

 

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7.0. CONFIDENTIALITY

1. The client gives permission to the photographer to use all media in the private domain (i.e., as samples of work during in- person consultations, sample albums, for instructional purposes etc).

2. The photographer will not require written consent before publishing any media captured at the property in public domains (e.g. website, blogs, real estate magazines, social media etc) in order to promote the photographer's business.

3. At any time, the client may request the photographer to take down any media that has previously been allowed to be displayed in public and/or private domain. However, it will be up to the photographer to decide whether or not to remove any media used for marketing materials or marketing purposes.

 

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8.0. CANCELLATION

1. Upon acceptance of this agreement and initial down payment (non refundable retainer, if applicable), no refunds for change-of-mind will apply.

2. Should the media services (photography, video, virtual tours, etc...) need to be cancelled, the client agrees to notify the photographer at the earliest convenience. In certain situations, the photographer may return any and/or all monies paid (subject to the photographer's discretion). 

3. Should the media services (photography, video, virtual tours, etc...) be cancelled within two (2) days of the scheduled appointment day (day the requested media is to be captured), the client should understand that the photographer may keep any monies paid as a result of declining other paid assignments. 

4. If the photographer cancels on the client, all monies paid will be fully refunded to the client's within three (3) to five (5) business days.

 

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9.0. DISPUTE RESOLUTION

1. In an effort to resolve any conflicts that arise during the project or following the completion of the project (capturing, pending delivery or delivery of media) the photographer and the client agree to discuss any material disputes between them during the three (3) to five (5) days after notice of disputes, or within 3 days after the delivery of media (conclusion of requested work) to the client. 

2. If discussions are unsuccessful in resolving the disputes, then the dispute shall be mediated unless the parties mutually agree otherwise. 

3. If mediation efforts are not successful, the parties may pursue any other legal remedies available to them under the laws of the state of North Carolina. 

4. The terms and conditions of this agreement between the photographer and the client will supersede and control any method of dispute resolution under this agreement.

 

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10.0. NO THIRD PARTY BENEFICIARIES

1. These general terms contains the entire understanding between the parties on the subject matter hereof and no representations, inducements, promises or agreements not embodied herein shall be of any force or effect, and these general terms supersedes any other prior understanding entered into between the parties on the subject matter hereof. 

2. No waiver of compliance with any provision or condition hereof shall be effective unless agreed in writing duly executed by the waiving party. Nothing contained in these general terms shall create a contractual relationship with or a cause of action in favor of a third party against photographer.

 

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11.0. NO EXCLUSIVITY

1. This agreement does not create an exclusive relationship between the parties. The client is free to engage others to perform services of the same or similar nature to those provided by the photographer, and the photographer shall be entitled to offer and provide services to others seeking their services, solicit other clients and otherwise advertise the services offered by the photographer.

 

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12.0. TRANSFER AND ASSIGNMENT

1. The client may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties. However, the invoice may reflect, and the client is bound by authorizations that could not be confirmed in writing because of insufficient time or other practical considerations.

 

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13.0. SEVERABILITY

1. If one or more of the provisions contained in the agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

 

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14.0. CREATION

1. The manner and method of creating any photographs, videos and other media is solely at the discretion of the photographer and the client has no right to control the photographer’s manner and method of performance under this agreement. 

2. The photographer will use his/her best efforts to: (a) ensure that the media conform to the client’s specifications; and (b) submit all media to client in publishable quality, on or before the applicable deadlines.

 

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15.0. DELIVERY

1. The photographer may select delivery of photographs, videos and other media in formats, at a resolution that the photographer determines will be suitable for the media as licensed. 

2. It is the client's responsibility to verify that the media is suitable for reproduction and that if the media is not deemed suitable, to notify the photographer within three (3) business days after delivery.

3. The photographer’s sole obligation will be to replace the media at a suitable resolution but in no event will photographer be liable for poor reproduction quality, delays or consequential damages.

4. Unless otherwise specifically provided, the photographer is not responsible to provide media in any format other than a digital format.

 

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16.0. GOVERNING LAW

1. This agreement shall be construed and interpreted in accordance with the laws of the state of North Carolina. 

2. No action may be brought except in the state of North Carolina. 

 

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17.0. SAFETY

1. The photographer reserves the right to terminate coverage and leave the location where services are being performed at, if the photographer or the photographer’s contractors (or assistants) experience inappropriate, threatening, hostile or offensive behavior from person(s) at the location(s); or in the event that the safety of the photographer or the photographer’s helper(s) is in question.

 

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18.0. SAFETY- COVID-19 

1. A4 Designs LLC (the photographer) is/will be following the Center of Disease-Control (CDC) with regard to social distancing practices and sanitation. We ask that the client and their client(s) are hereby referring to the owners and/or caretaker(s) of the property or those present at the location the media is captured at) continue to implement the sanitation and disinfection procedures as recommended by the CDC.

2. As a way to protect staff and the family of staff, our partners, representatives and contractors, it is required for the client to inform us if the client themselves or any of the client’s client(s) have experienced any of the following symptoms related to COVID-19.
   
   Symptoms of COVID-19 include, but not limited to:
   Fever
   Fatigue
   Dry Cough
   Difficulty Breathing

 

1. By agreeing to these terms and conditions the client acknowledges the following statements about COVID-19 safety: The photographer has informed me that they (A4 Designs LLC) have put in place preventative measures (wearing masks, gloves, sanitizing themselves and equipment) to reduce the spread of the Coronavirus/COVID-19 while performing services that I (the client), or my client(s) (persons represented by the client) have requested the photographer to perform.

2. I further acknowledge that the photographer cannot guarantee that I (the client) nor the clients(s) I represent will not become infected with the Coronavirus/COVID-19. I (the client) and the client(s) I represent understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may increase or result from the actions, omissions, or negligence of myself and others, including, but not limited to, the photographer or the photographer’s staff (contractors and/or assistants), representative(s) or affiliate(s).

3. I further acknowledge that I (the client) voluntarily seek services provided by the photographer and acknowledge that I am increasing my or my client(s) risk to exposure to the Coronavirus/COVID-19. I (the client) acknowledge that I must comply with all set procedures to reduce the spread while requesting and utilizing the services provided by the photographer.