Terms of Service | Real Estate Photography NYC

Photographer = DMLP, Corp

Client / Agent = Booking Agent Receiving Services from Real Estate Photography NYC (Online Booking) and / or Gotham Drone Pilots.

Copyright and Reproductions

Dan M Lee Photography, Corp shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, website, or for display within or on the outside of the Photographer’s studio. Entry in photographic contests or art exhibitions will not require written permission from the booking client or agent, who has no claim to the images either commercially or otherwise.

Client’s Usage Agreement

The Client is obtaining electronic prints for commercial and real estate property listings use only without a photo credit given, and the client shall not sell said prints. If the Client is obtaining a print for newspaper announcement of an event, open house, editorial use or website, Photographer authorizes Client to reproduce the print in this manner. In such an event, Client shall run a credit for the Photographer adjacent to the photograph at all times, unless agreed to that there is no credit given by the photographer and parent company in writing no less than 30 days in advance. The images are paid for by the Listing Agent and therefore only the listing agent has usage as outlined in this agreement. If another broker or agent wants to use these images he/she must pay for usage rights, plus agree to this contract. A fee of 125% of the original booking fee or $300 (whichever is greater) will apply in these cases. Usage which hasn’t been agreed to will be seen as an infringement of copyright and may be liable to breach of copyright law, including the fees of recovering such funds. In all cases of usage the entire copyright shall remain with the original Photographer at all times. Full image release can be ordered after the shoot at a cost of $500 paid within 30 days of the shoot completing, only under this condition can the images be free to be used as the client pleases, the client agrees the photographer and associated companies can use the images for commercial online portfolio usage under New York state law.

Failure to Perform

If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.

Photographer

The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or of scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.

Photographer’s Standard Price List

The charges in this Agreement are based on the Photographer’s Standard Price List. This price

list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

Miscellany

This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties where a non online agreement has been confirmed and ticketed, it’s also the responsibility of the client to understand this agreement before signing . Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of New York & New Jersey.

We are not responsible for furniture and items in and outside the property, if an agent asks us to perform alone we cannot move or be responsible for any items of value or otherwise.

Cancellation Policy

The following monies returned are made if cancellation has been requested by the client without reason or with reason, without prejudice the following will apply in all cases

Client cancellation outside 36hrs returns 90% of the booking fee.

Client cancellation inside 36hrs returns 50% of the booking fee.

Client cancellation inside 24hrs returns 30% of the booking fee.

Client cancellation inside 12hrs returns 10% of the booking fee.

Client “No Show” returns 0% of the booking fee.

Sales are final and non returnable outside the policy agreed to by the cooking client.

Image Delivery & Image Edits

Normally images are delivered electronically inside 48hrs by the photographer, however the client releases liability of the photographer of editing duties performed by parties outside of the photographer’s control. Re-edits can be requested for small changes, large edits will be charged at the rate quoted or estimated.

Safety of Photographer & Equipment

Sometimes property damage is present which can pose a risk to safety; the client accepts responsibility of security of the photographer and their equipment while onsite honoring this contract and services booked. Any loss as a result of unsafe property or an un secure footing will be paid for by the client within 60 days of the contracted work completing. Items covered are not limited to; photographer equipment like camera body, lens, flash, strobe, tripod, portable electronic equipment. Due to COVID19 this amendment is made, during a pandemic or where injections could be exposed to our workers we will only work when it is seen safe to do so. This could be and not limited to, properties being vacant, or empty for at least 72hrs before hand. All surfaces are clear and empty or been visited for at least 72hrs.

9.a Drone Safety, Rules & Regulations

Drones are only flown / missions completed when the following applies, in all cases strictly no exceptions. Drones are fully insured for all missions and registered with the FAA under part 107 regulations. A full working order will be submitted before each flight, the flight will not go ahead until this has been accepted by the client and the following rules have been agreed to. By booking our drone services all conditions of booking apply and are agreed to without prejudice, including this section about drones flights and content creation using drones to facilitate any media.

There is a landing and take off space with at least 25sqft clearance located onsite and property owned or rented by the client.
No FAA rules are in force at the location for flights such as NFZ (No Fly Zone) or other restrictive rules are in force on the planned day.
Weather viability is 3SM or greater.
Wind speed is less than 17mpg gusts for the duration of the booking and 2 hours ether side of the appointment forecast.
Air temperatures are above dew point.
Cloud cover are above 2,000ft AGL.
Air temperatures are above 2(two) Degrees Celsius .
FAA exception applications can take up to 90 days, we are not responsible for delays if exception certificates are required.

If the weather prevents us from flying we will re-book your appointment at no additional cost, however if we have to return through acts of nature while we are onsite there is a minimum $250 return charge to complete the scheduled workload.

The client is responsible for site readiness; we cannot be held responsible for any condition of the property, location or project scope that is reasonably beyond our control. A full booking fee will be applied in all cases where the scope of the project is beyond attainable for those reasons and not limited to.

Quotes and estimates for drone images / surveys / video and all other drone content and media are provided and subject to change after the initial site visit. Changes in fee could be for a number of reasons such as and not limited too, additional risk, difficulty is maintaining VLOS, environmental location, physical restrictions and such.

Contact Details

It’s the responsibility of the booking client to supply correct contact details of the agent who will be on site as well as their own, without them the photographer can’t confirm the booking. Liability of the booking information is solely with the client and releases the photographer and related companies of liability of not being able to be contactable on the day of the booking. All client contact information will be confirmed by E-Mail the same day. No show for incorrect locations and or contact details is not the responsibility of the photographer and the client releases responsibility or liability of the photographer and related companies.

Same Day Bookings

Will only be done by phone and not facilitated by online booking.

360 Degree Images / Virtual Tours by Matterport / 3D Vista Tours

All images are provided in the .JPEG format, the client agrees that images are supplied as is, no editing will be performed on the images received. Image performance, functionality and integration is outside of the deliverable agreement.

Matterport scans are designed for indoors ONLY, we may try an outside scan however it is not a supported feature of the system, we do not promise scans or make claims Matterport will work or complete outside including “scenic views” from inside buildings, city views from balconies or windows and so on. Liability of the website integration is not part of this agreement and the photographer or representatives is/ are not liable for compatibility issues with the website and image supplied or from technical issues with regards to UV and IR light complexities.

Matterport tours are hosted on Matterport servers and this service is outside / excluded from any SLA agreement.

All Matterport tours are charged at $100 per tour per quarter for hosting. Billed quarterly. Unpaid invoices or failure to pay this invoice within 10 days could see a termination and or loss of the tour. A rebooking may be needed to re-establish the tour charged at standard rates. Copyright to all tours are transferred to Matterport under their terms and conditions and used under license.

Matterport Tours can be transferred to clients accounts and no hosting fees will be applied by the photographer. To do this open an account at my.matterport.com and supply us the account name. You will then be liable for the fees direct from Matterport rather than us.

All Matterport services are subject to Matterports terms of service which can be read here. Matterport Privacy Policy and Cookie Policy Booking tours with us also agree to those terms.

We do not guarantee listing service support for either Matterport, 3D Vista or Fusion Virtual Walkthrough tours, that includes local and national MLS networks and sites such as and not limited to FSBO.

All 3D Vista tours can be self hosted and files will be provided if that option is activated – you are responsible for the implementation of those files on your company web server. Real Estate Photography, Dan M Lee Photography, Corp supplies those files as goodwill and does not offer support for websites under these terms.

3D Vista hosting is charged at $100 per tour per quarter for hosting. Billed quarterly. Unpaid invoices or failure to pay this invoice within 10 days could see a termination and or loss of the tour. A rebooking may be needed to re-establish the tour charged at standard rates.

No Shows / Lateness

Our photographers will wait for 20 mins for the booking realtor or the agent that’s expected to arrive onsite.. If the agent or their associate does not arrive at the requested booking time +20 mins the service booked will be made void and marked as a no show. On that basis a rebooking will need to be made at the standard rate. No refunds will be offered on the basis of lateness.

Edits and Revisions

Edits are permitted if they are flagged to us within 48hrs of the image delivery, comments can be made on the online system under each image. All comments are passed straight to the editors. Small edits might include hiding a cable or lighting a room brighter; these edits are free of charge at the desecration of the amount of work needed by the editors and photographer – Heavy work like and not limited to removing objects, furniture are included in the Premium Package only and are charged at $65 per booking. One revision request is accepted per image inside 48hrs only, anything outside of that time frame will be charged the $85 rate for the Premium Package upgrade, unless estimated separate.

Outside of Service Area

Bookings outside of our service area (check service map) and within 400 miles of New York City, NY will attract a fee of $375 per booking. This will be billed at the same time as orders given. Orders outside of 400 miles will be rejected at time of press.

Reshoots

Reshoots are paid for at the standard rate, if in the event of a complaint the reshoot will occur at 10% off the standard rate.

Confidentiality

Every effort is made to conceal the identities of 3rd parties from tours and photography shoots, Matterport and other marketing materials shot inside commercial and residential properties. However we take no responsibility for any recourse from identity or 3rd parties being identified through text, pictures, images, scans, 360 and other materials.

It is the sole responsibility of the booking agent, client and or who books services, or named as the agent on the booking form to ensure identity of others can not be traced, seen, or information revealed through marketing materials generated from this booking. This is not limited to account numbers, banking details, and other sensitive information that maybe visible.

Further more you agree that 3rd party copyrighted work contained in the marketing materials by chance through and not limited to 360 scans, photography, is not the responsibility of the photographer to remove before content is created in properties mentioned in this order. The booking agent is responsible to remove all the 3rd party work before content is created. The agent agrees by booking with us they are responsible for this task.

Terms and Conditions for Google Street View – Trusted Photographer

Background. This Agreement is between the Photography Service Provider (the “Service
Provider”) and the business whose premises are being photographed for the Google Maps Street View | Trusted Program (the “Business”).
Service Fee Payment. Service Provider and Business will agree on an amount for the Street View | Trusted and related services (“Service Fee”), and the Business will pay the Service Fee after Service Provider takes the Photographs (as defined in Section 3 below).
Services and Ownership of Photographs. In exchange for the Service Fee:
(a) Service Provider will take photographs of those portions of the exterior and interior of the Business premises designated by the Business as acceptable for photographing in connection with the Street View | Trusted Program (the “Photographs”);
(b) Service Provider will use commercially reasonable efforts to ensure that the Photographs meet the Google Maps Street View | Trusted Program’s technical specifications;
(c) Service Provider hereby assigns (or will procure the assignment of) all ownership rights in the Photographs (including intellectual property rights) to Business;
(d) To the extent permitted by law, Service Provider will obtain:
(i) Waivers from all of Service Provider’s personnel in respect of any “moral rights” that such personnel may have in the Photographs, including any right of attribution; and
(ii) Assignments by Service Provider’s personnel to the Business of all moral rights in the Photographs.
(e) Service Provider will upload the Photographs to Google for processing and use in accordance with Section 4 below.
Terms Governing the Uploading, Processing, and Use of Photographs.
(a) Google Terms of Service. Business agrees that the uploading, processing, and use of the Photographs will be governed by Google’s standard online terms of service for such Photographs as set forth at https://www.google.com/maps/ or such other URL/Additional Terms as Google may designate from time to time (collectively, the “Google Terms of Service”).
(b) Authorization to Upload Photographs to Google for Google’s Use. Business hereby authorizes Service Provider to upload the Photographs to Google on Business’ behalf and licenses the Photographs for Google’s use in accordance with the Google Terms of Service.
Limited License to Service Provider. Business grants Service Provider a nonexclusive license to use a reasonable number of images created under this Agreement as “samples” or “portfolio copies” for Service Provider to archive examples of Service Provider’s work and to advertise or market Service Provider’s professional services.
Time and Date of Services. Upon signature, Service Provider will reserve the time and date agreed upon to provide the photographic services. All Service Fees are non-refundable except as described in Section 7 below, or unless Service Provider agrees in its sole discretion to permit a rescheduling of the services.
Refunds. Service Provider will refund all Service Fees to the Business (but will have no further liability with respect to the Agreement) if Google rejects the Photographs for failure to meet the Street View | Trusted technical specifications and Service Provider does not correct the failure after re-photographing the Business at a mutually- agreed upon time.
Insurance. Service Provider will carry comprehensive general liability insurance coverage for Service Provider’s activities on the Business’ premises.
Confidentiality. This Agreement is confidential information. Business will not disclose or make this Agreement available to any third party except (a) Google; (b) as specifically authorized by Service Provider in writing; or (c) when compelled to do so by law if Business provides reasonable prior notice to Service Provider.
Limitations on Liability.
(a) except for breaches of confidentiality, (i) neither party will be liable (under any theory or circumstance) for lost revenues or indirect, special, incidental, consequential, exemplary or punitive damages, and (ii) neither party’s aggregate liability for any claim arising out of or related to this agreement will exceed the amount of the service fee.
(b) Google’s use of the photographs is governed solely by the google terms of service in accordance with section 4 above. in no event will google be liable to either business or service provider (under any theory or circumstance) for any direct or indirect, special, incidental, consequential, exemplary or punitive damages arising out of or related to this agreement.
No Warranties. In connection with this agreement, Service Provider makes no representations and, to the maximum extent permitted by law, disclaims all warranties, express or implied, regarding the photographic services or the photographs, including any warranties of merchantability or fitness for a particular purpose. Service Provider makes no representation or warranty that the photographs will ultimately be displayed by Google.

12. Modifications. Any modification of this Agreement must be (a) pre-approved by Service Provider in writing, and (b) reflected in a written agreement that is signed by both Service Provider and the Business.
Entire Agreement. This Agreement incorporates the entire understanding of the parties relating to its subject and supersedes any prior or contemporaneous agreements on that subject.

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Terms and Conditions for Paid & Free Zillow Walkthrough

Free Zillow Walkthroughs (FWZ) are offered but not a guaranteed service, if no other bookings exist which are Paid Zillow Walkthroughs (PZW), then the tour will be shot.
PZW will always be priority and in this agreement the Agent agrees that the FWZ is available at the Photographer’s discretion.
No audio is recorded for the entire shoot
No additional lighting is provided for the shoot
No editing is provided for the shoot
If multiple bookings are the system for FZW the first booking will take priority
No notification will be given if the Agents booking obtains the free offering until the day of the shoot
Agent agrees the final cut is provided as is, no reshoots or retakes are permitted
The shoot can ONLY be used for ZIllow listings

Terms and Conditions for SEO & Websites

All SEO services are created with best practices but in no way does it guarantee the “first page on google” the client understands that SEO, especially new campaigns take up to 12 months to gain traction.
During the campaign the changes to the website made by us and or godaddy, or a2hosting SEO services must remain in effect for the duration of the campaign.
Admin access must be provided and the client must agree that we have access to the website’s code, if during discovery we are unable to obtain access the full month’s billing will still apply.
All payments are made in advance of any work carried out.
URL must not be changed during the campaign or major structure to data or content unless part of the campaign.
We will provide monthly reporting to the client within 7 days of the monthly cycle ending.
All external content will remain the copyright of REPNY and DMLP, Corp.
Our methods disclosed to our clients will remain confidential and under this binding contract of non-disclosure, accepting our SEO service means the client agrees to this term. Any disclosure to 3rd parties beyond those named in the contract will be met with legal action and damages claims.

Terms and Conditions for Drone Bookings and Operations

All drone bookings are final and non-refundable
Weather check will be performed 24hrs before the flight booking is due to occur, if adverse weather is forecast a rebooking is offered if no further FAA approval is required. If FAA re-approval is required a further filing fee of $120 will be applied to the account; if flights are outside of the 5 boroughs of NYC further approval may not be required through LAANC
As of 08/01/19 all NYC flights require manual approval from the FAA, no exceptions, due to this all flights may take up to 90 days to approve. No refunds are offered on the filing fee due to extended time (outside of 5 days) of approval.
On the rare occasions some areas are excluded from flying at the last minute, this could be due to a variety of reasons such as and not limited to; NFZ (No Fly Zone) applied due to presidential or military flights; emergency situations such as riots, disaster and such; large scale sporting events; large scale gatherings of people.
All flights are restricted to daylight hours
All flights are restricted from flying over groups of people and/or roads
All flights are scheduled and planned under all FAA rules as part of 107 flight licenses.
For large scale areas additional ground crew will be required to keep line of sight, if this is the case you agree to a $350 flat fee added to the project.
Specialist flights for thermal imaging, roof inspections are nonstandard real estate are carried out by gotham drone pilots and subject to additional fees.
All images are shot in HDR where possible.
Videos are supplied in 1080p/30f unless specified differently.
Editing carries an additional fee of $250 per location.