By engaging the services of East and Clark Photography, LLC (hereafter referred to as “E&C”), you certify that you have read and agree to the following Terms and Conditions. 

 

For the purpose of these Terms and Conditions, "Client" refers to any individual, real estate agent, broker, or representative of a brokerage who has booked a service with East and Clark Photography. "Photographer" refers to any individual or entity representing East and Clark Photography who is engaged in capturing and processing photos for the Client.

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1. Retention of Property Data

E&C will retain property scans and associated data in our archives for a standard period of six months from the date of capture unless alternative instructions are provided. It's important to note that, after the conclusion of this standard retention period, E&C reserves the right to delete these scans and their accompanying data.

Clients seeking continued access to scans beyond the standard archival period must proactively inform E&C before the retention period expires. In the event scans are deleted due to the passage of six months from the capture date, it will be necessary to arrange for their re-capture. We recommend prompt communication to prevent any loss of data and additional costs associated with re-capture.

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2. Rescheduling, Changes, and Weather Conditions

Clients have the flexibility to change or cancel shoot dates or times without incurring penalties when such changes are made at least twenty-four (24) hours before the scheduled shoot time. However, please be aware that changes or cancellations made within 24 hours of the shoot time will result in a change/cancellation fee.

Furthermore, any adjustments to the content of a shoot, such as adding or modifying features, may require rescheduling and will be subject to additional fees.

Clients should also consider potential weather conditions when scheduling appointments. It is essential to monitor weather forecasts and other factors that could affect the feasibility of completing the shoot on the chosen date. It is the Client's responsibility to reschedule the appointment promptly in such circumstances.

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3. Property Readiness

Clients acknowledge that the property must be prepared and accessible before our arrival for scheduled appointments, as properties will be shot "As Is". Failure to have the property ready may result in additional fees for rescheduling or delays.

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4. Appointment Scheduling Accuracy

Clients are responsible for accurately inputting property information when scheduling appointments. Any errors or omissions in the provided information may affect the accuracy of billing and the scope of services. It is essential to ensure that all details are correctly entered to avoid discrepancies in the amount due on billing.

Furthermore, if detached buildings such as barns, workshops, or separate living units need to be photographed, these structures must be included in the total square footage when booking and noted in the appointment questionnaire. This ensures that all necessary images are captured and appropriately billed.

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5. Payment Terms

Payment for services is due within 30 days of the invoice date. Late payments may result in the temporary revocation of access to the shot content and the inability to book new appointments until outstanding balances are settled. An invoice with a 35% late fee will be sent to the booking agent's brokerage firm after 60 days.

E&C encourages Clients to promptly remit payments to ensure continued access to our services and to prevent any disruptions due to non-payment.

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7. Liability and Insurance

While E&C takes every precaution to ensure the safety of your property and our equipment, Clients should be aware that we maintain appropriate insurance coverage to protect against potential damages or accidents during the service. Clients are encouraged to have their own insurance coverage as an added layer of protection and to address any specific needs or concerns related to their property.

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8. Image or Scan Delivery

Completed images, scans, and floor plans will be delivered to Clients within 48 hours via digital download. Expedited delivery options are available for additional fees, including floor plans.

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9. Editing and Post-Processing

E&C offers two types of photography services:

a. HDR Photography (Professional and Edited): Our professional HDR (High Dynamic Range) photography is edited to ensure the highest quality and visual appeal. This service includes comprehensive post-processing to enhance and refine the images. Separate external buildings will need to be added to the total square footage if interior pictures are requested.

b. Free Photography (Captured from Matterport Scan): Our second option involves capturing images directly from the Matterport scan. These images are provided at no additional cost and are delivered exactly as captured by the Matterport camera, with no edits or enhancements. As such, the quality of these images may vary and may not match the professional standards of HDR photography.

Please note that separate external buildings, such as barns, detached garages, and workshops, are not included in the Matterport scan of a house. Therefore, interior images of these structures cannot be captured. If you require images of these buildings, please indicate this in the appointment questionnaire, and we can provide HDR photography for an additional fee.

Clients can choose the photography service that best suits their needs and preferences when scheduling appointments.

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10. Rights and Usage 

E&C retains copyright ownership of all images produced. The Client is granted a non-exclusive, non-transferable license to use the images for marketing the property and self-promotion. The license also extends to the Client’s parent company for the sole purpose of marketing the specific property photographed. Any third-party use of the images is strictly prohibited unless approved in writing and licensed by the Photographer.

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11. Modifications

E&C reserves the right to modify these Terms and Conditions at any time and without prior notice. It is the responsibility of the Client to review these Terms and Conditions periodically for any updates or changes.

Additionally, it's important to note that any modification, waiver, or breach of any part of these Terms and Conditions, whether initiated by the Client or by E&C, does not release the Client from their obligation to adhere to any other part of these Terms and Conditions or to the Terms and Conditions as a whole.

The relationship between the Client and E&C will be governed by the laws of the State of Tennessee. Clients are encouraged to seek legal counsel or contact E&C directly with any questions or concerns regarding these Terms and Conditions.