Real Estate Photography Terms of Service:
ZAPNOW Productions, LLC
Doing Business as Tony Zapien Photography, Evergreen Lens
Real Estate Photography and Media Services Agreement
This agreement ("Agreement") is entered into by and between ZAPNOW Productions, LLC., doing business as Tony Zapien Photography, Evergreen Lens ("Photographer") and the undersigned client ("Client") for the provision of real estate photography and media services. By checking "I Agree" and booking a photo shoot electronically the client acknowledges and approves the terms outlined in the agreement.
1. Services Provided:
Photographer agrees to provide real estate photography and media services as described in the agreed-upon package. This may include, but is not limited to, interior and exterior photography, drone shots, virtual tours, and other media services specified in the client's selected package.
2. On-Site Expectations:
Client agrees to ensure that the property to be photographed is in a suitable condition for the scheduled session. This includes, but is not limited to, cleanliness, proper lighting, and removal of any personal items or clutter that may detract from the overall aesthetic of the images. Upon agreement of these terms the Client explicitly states they have inspected and approved the property to be ready for photography. The Photographer will photograph the property as-is without question. Prior to the session, the Client is encouraged to refer to our comprehensive Homeowner Guide, which provides valuable tips and insights on preparing their home for real estate photography found here
https://www.tonyzapien.com/photo-checklistEach shoot has a specified starting and ending time, which can be found in the confirmation email under "When." The Photographer may have an assistant or second photographer present to facilitate the photography session. The Photographer may also film or photograph the session for marketing or social media purposes.
The Client is encouraged to review the details of the scheduled session in the confirmation email to ensure a smooth and efficient photography experience.
The Photographer, in case of unforeseen delays beyond their control, may decide to either conclude the session at the scheduled end time or extend beyond the predetermined end time. The decision to stay or leave before completing the services will be made in agreement with the client on-site. If the Photographer chooses to stay beyond the predetermined end time, an additional fee of $100 per hour will apply, billed in 15-minute increments.
Homeowners and realtors are welcome to be present inside the home during the photography session to maximize efficiency and obtain the best results. However, please note that the optimal results are achieved when there is no one in the house during the shoot.
Access to the property may be arranged in the following ways:
Client Attendance: The Client may choose to attend the session on-site.
Owner's Approval: The Client may leave it to the owner's discretion to allow entry to the property.
Key or Lockbox Code: The Client may provide a key, either hidden on the property or within a lockbox, or a lockbox code for access.
Garage Code: The Client may provide a garage code for access.
Realty Office Key Pickup: Alternatively, the Photographer can pick up the key from the realty office for a fee of $35.
3. Photographer's Responsibilities:
a. Photographer will arrive at the agreed-upon location on time and prepared to conduct the services outlined in the selected package.
b. Photographer will use professional equipment and skills to capture high-quality images and media.
c. Photographer will provide edited, finalized images and media within the agreed-upon timeframe.
4. Usage and Copyright:
a. Client acknowledges and agrees that this agreement grants them a limited, non-transferable license to use real estate photographs solely for the marketing and selling of the specified property, subject to restrictions outlined in the complete copyright and usage agreement, which can be accessed here.
b. ZAPNOW Productions, LLC retains full ownership and all rights to the images, including but not limited to the right to sublicense, reproduce, distribute, publicly display, and commercially exploit the photos. This ownership extends indefinitely.
c. Client is expressly prohibited from making any unauthorized edits to the content or using the images for purposes beyond the scope of real estate marketing. Deliverables ordered with a real estate photo license may not be used for commercial use, extended-use (beyond the life of the listing outside of specific terms identified in the licensing agreement), short-term or vacation rentals, rental homes, advertising a business, or any other use not outlined here:
https://docs.google.com/document/d/1siI_-TkBgmUiDlwIDbglDj9iz1NawGRZeW5hsQWupN0/edit?usp=sharing5. Payment and Cancellation:
a. Client agrees to pay the agreed-upon fee for the selected package prior to the scheduled session.
b. In the event of cancellation by the Client, a same-day cancellation fee of $200 will apply.
c. No charge for cancellations or rescheduling with at least 48 hours' notice or more.
Cancellation Fee Waiver Provision:
The same-day cancellation fee may be waived under the following circumstances, at the sole discretion of the Photographer:
Emergency or Unforeseen Circumstances: The client may request a waiver of the same-day cancellation fee if they experience a genuine emergency or unforeseen circumstances, such as a sudden illness, family emergency, or unavoidable event.
Extreme Weather Conditions: Waiver may be considered in cases of severe weather conditions or natural disasters that make it unsafe or impractical for the client or photographer to proceed with the scheduled session. It is important to note that common weather events, such as rain, light to moderate snow, or other weather conditions typical of the Pacific Northwest, are not considered sufficient reasons to waive the fee.
Technical Issues: If there are technical issues on the part of the photographer, such as equipment failure or transportation problems, preventing them from reaching the location.
Prompt Client Communication: The client may request a waiver by promptly communicating the need for cancellation and providing a reasonable explanation, demonstrating good faith efforts to inform the photographer as early as possible.
Requests for waiver should be made in writing and sent to the Photographer's designated contact method. The Photographer reserves the right to evaluate each request on a case-by-case basis. Decisions made by the Photographer regarding the waiver of the same-day cancellation fee are final.
6. Image and Video Delivery:
a. Finalized images will be delivered electronically to the Client within 24 hours.
b. Videography turnaround time is within 24 hours up to three business days.
7. Liability:
a. Photographer is not responsible for any damage to property or injury to individuals that may occur during the session.
b. Client agrees to indemnify and hold Photographer harmless for any liability, damage, or loss arising from the use of the images or media.
8. Drone Services:
a. The Photographer may utilize drones in providing services, and drone services will be conducted by a licensed drone pilot. The Client holds the Photographer harmless for any liability or damage to persons or property related to the flight of a drone.
b. The drone pilot retains the right not to fly for any reason without explanation. If the drone flight is not performed, a refund for the specific drone service will be given.
9. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the state of Washington, without regard to its conflict of law principles.
11. Dispute Resolution:
In the event of a dispute arising under or in connection with this Agreement, the parties agree to first attempt to resolve the dispute through negotiation and good faith discussions. If the dispute cannot be resolved informally, both parties agree to mediation as the next step in the resolution process.
a. If a main room of the property was not photographed, the Photographer will return free of charge, subject to scheduling availability.
b. If an uncommon area or specific shot of the home was not photographed and is considered outside the scope and general practice in the field of photography for real estate, and the client did not communicate a specific request beforehand, the Photographer will return to the property and apply a fee of no less than $50 and no more than $200 depending on distance from Whatcom County within our coverage zone. Photographer will return as soon as possible as their schedule allows.
c. If a client is unhappy with the editing, the Photographer will offer one free revision. Further revisions will be made at a cost of no less than $10 per photo.
12. Rights to Refuse Service:
ZAPNOW Productions, LLC reserves the right to refuse or terminate services for any reason, including but not limited to:
a. Safety Concerns: If, in the photographer's professional judgment, there are safety concerns at the property or during the session.
b. Inappropriate Conditions: If the conditions at the property are deemed inappropriate, hazardous, or in violation of local laws or regulations.
c. Non-Compliance: If the client, property owner, or any other party fails to comply with the agreed-upon terms and conditions outlined in this agreement.
d. Uncooperative Subjects: If individuals present at the property during the session are uncooperative or engage in behavior that hinders the photographer's ability to provide the agreed-upon services.
e. Minors Present: If there are minors present in the home at the time of the photographer's arrival, there must be at least one adult over 18 years old present who is not affiliated with the photographer.
f. Previous Violations: If there have been previous violations of the terms outlined in this agreement by the client or related parties.
In the event that services are refused or terminated, ZAPNOW Productions, LLC will make reasonable efforts to communicate the reason for the decision to the client or relevant party. Any fees paid in advance for services that are refused or terminated due to client actions or conditions at the property will not be refunded.
13. Miscellaneous:
Any modifications to this Agreement must be in writing and signed by both parties. Failure to enforce any provision of this Agreement shall not constitute a waiver of any term herein.
