Terms

Residential Real Estate Terms of Use:

Client authorizes Mark Jacobs Productions to enter and photograph/video the property on the order. It is the client responsibility to ensure that he/she has the authority to allow Mark Jacobs Productions to enter the property on the order and that any and all occupants have been notified of the appointment.

Agent Representation and Responsibility:

The client is responsible for the presence of an authorized representative at the shoot to approve the Photographer's interpretation of the assignment. If a Client representative is not present or chooses not to be present, the photographers interpretation shall be deemed acceptable. If specific views, unusual/unconventional areas need to be photographed, or specific preferences are expected (ie. Garage photographed, closets photographed, etc.), it is the responsibility of the client to make the Photographer aware in writing before the scheduled appointment. Again, if the client or an authorized representative is not present during the shoot, the Photographers Interpretation shall be deemed acceptable. It is the client responsibility to ensure that the property on the order is ready to be photographed at the scheduled time. The Photographer is not responsible for cleaning the property, moving furniture, making beds, picking up clutter, moving bath room items, etc. The client is ultimately responsible for the property's readiness and the property will be photographed in a "AS IS" condition.

* Important Note: The client is responsible to ensure there are no service providers (ie. Cleaners, Lawn Services, Painters or other services) on site during the time scheduled for the shoot. If the location is being used as a VRBO/Airbnb the client, is responsible for notifying the management company of the time and date of the shoot, and ensuring no 3rd party vendors are on site during the shoot.

Artistic Style Release:
Client has spent a satisfactory amount of time reviewing Mark Jacobs Productions portfolio/work and has a reasonable expectation that Mark Jacobs Productions will perform the services in a similar manner and style unless otherwise specified. If the agent is looking for a specify style or look other than the style displayed in the portfolio, agent should contact Mark Jacobs Production prior to ordering. Mark Jacobs Productions will use reasonable efforts to ensure the desired services are produced in a style and manner consistent with Mark Jacobs Productions portfolio and will try to incorporate any reasonable suggestion made by Client.

Media Rights and Usage:

The Client who paid for our services has permission to use the images and videos for the property on all MLS authorized entities anywhere the MLS data is intended to appear for promoting the sale of the property. The client has a royalty-free limited use and distribution license for the media from Mark Jacobs Productions. The licensing agreement is valid only for the duration the home/property is listed for sale with the Client and cannot be reused by any other agent or firm without specific written permission from Mark Jacobs Productions. The client may use the media to display that the listing was withdrawn, expired or sold and that they were the listing agent in all MLS authorized entities where MLS data is intended to appear. The client may not use the media on social media after the property has been withdrawn, expired or sold to market their services. They may purchase the copyright if they want to use the media to market their services after the property has been withdrawn, expired or sold. The client does not have authorization to sell, transfer, or give away any media for any reason without written consent from Mark Jacobs Productions. Client does not have authorization to modify, change or edit the original media/photos or have a third party modify, change or edit media/photos without permission from Mark Jacobs Productions the copyright holder. Client may purchase a royalty-free non-exclusive license to sublicensable and transferable license to use, reproduce, modify, resize, adapt, prepare derivative works of, distribute, and display the Images for any lawful purpose, and to modify the media/photos for an additional fee. Please do not send media/photos to a third party to be modified or changed. Contact Mark Jacobs Production for any modifications or changes.

Images and videos cannot be sold or used by another agent or firm. If another agent or firm takes over the listing they cannot use the images of videos without written permission from Mark Jacobs Productions.

The real estate agents may not use photos or videos on their website, social media or in print to promote their website/brand/business without purchasing the media copyright after the property has been sold, withdrawn or expired. Client may use the front photo only to show they sold the property without purchasing the media copyright.

Mark Jacobs Productions has the ability to relicense the photos & videos after the property listing has sold, expired or withdrawn from the client who paid for the shoot.

ShowingTime+: If the real estate agents wants to use media on ShowingTime+ they much purchase a royalty-free license for ShowingTime+. This is due to ShowingTimes+ media services terms of use and media services product terms.

Photo, Video Rights and Usage for Builders, Stagers, Designers, Home Owners, and others:

Builders, stagers, designers, home owner and others who wish to use the images and videos for the property on the order taken by Mark Jacobs Productions should contact Mark Jacobs Productions for specific licensing fees and information. Any usage of any media by a third party is strictly prohibited unless prior written approval is given by Mark Jacobs Productions. The original Client does not have authorization to sell, transfer, or give away any media for any reason without written consent from Mark Jacobs Productions.

Community shots - such as clubhouse, fitness center, gold course, pools, tennis courts and community signs, etc., may be used for all future properties listings for the original client. It is the clients responsibility to make sure the amenities are available to do so during the appointment.

Aerial/Drone Services:

All drone services are regulated by the FAA (Federal Aviation Administration) and must follow all rules and regulations. All properties within 5 miles of most airports require prior clearance before any Aerial/Drone services can be done. All Aerial/Drone services are contingent upon getting the proper clearance prior to flight. Although rare, there may be a delay of up to 90 days in getting this clearance, prior to Aerial/Drone services being done. Mark Jacobs Productions will take all necessary steps to get authorization prior to the scheduled appointment but make no guarantee that this clearance will be granted. No clearance means Aerial/Drone operations will not be conducted. Period. Wind and weather conditions also play a major factor in drone operations. Mark Jacobs Productions holds the exclusive right to determine whether wind and/or weather conditions provide safe flight conditions for drone operations. Mark Jacobs Productions offers no guarantee that drone operations can be provided at any given time. Rescheduling may occur. Any Aerial/Drone services that are not conducted due to issues with authorization, wind or weather will be fully refunded or removed from final invoice.

Weather Policy:

If the weather threatens to prevent photography, it is the client's decision to continue or to reschedule. If the client decides to continue the photography session, please know that outside shots will not be done under unfavorable weather conditions. There will be an additional $65 travel fee charged to come back to shoot the exterior.

MLS's Terms:

In consideration of the client payment ot Mark Jacobs Productions fee for creating, preparing and delivering the (photographs/drawings/renderings) to The Client, Mark Jacobs Productions grants to the client a license to use the (photograph/drawing/rendering) in the (Customer/Real Estate Professional) (Board/ MLS) compilations of properties (current and sold) and in real estate related advertising. Image usage rights are nontransferable to any third party. Mark Jacobs Productions cannot be required to transfer ownership rights (including intellectual property rights) in their listings or listing content to the MLS to obtain or maintain participatory rights except that MLSs may require participants to grant the licenses necessary for storage, reproduction, compiling, and distribution of listings and listing information to the extent necessary to fulfill the defined purposes of MLS. Mark Jacobs Productions will retain all copyrights. The agent may purchase the copyrights for an additional fee.

Single Property Sites:

Single Property Website are active for 1 year from date the site goes active. If you need the site active after the first year, you can renew the tour in your account from the site activation page.

Right to Refuse:

Mark Jacobs Productions reserves the right to refuse service at any time for any reason. At any time Mark Jacobs Productions can terminate the relationship with or fire a client for overdue invoices, poor communication, unreasonable request, or bad attitudes.

Image Usage by Mark Jacobs Productions:

Mark Jacobs Productions retains the copyright and rights to use images, videos and the property address on any electronic or printed advertisement for the promotion of Mark Jacobs Productions media services. These advertisements are not bound or restricted by any written or verbal agreements between client and other parties.

Cancellation & Rescheduling:

If this is your first time ordering you will need to call or text us to cancel or reschedule.

Rescheduling Fee: There is no fee to reschedule a shoot with a 24-hour notice. For shoots rescheduled with less than 24-hours, a $75 rescheduling fee will be added to the invoice. For shoots rescheduling the same days as the shoot a $200 rescheduling fee will be added to the invoice.

Cancellation Fee:

* Orders can be canceled for any reason with a 24-hour notice Monday thru Thursday without a canculation fee. All canceled shoots will be charged a API of 3.3% + $0.30 to process refunds. This fee is charged by the CC processor on all online transactions. Shoots scheduled for Mondays need to be canceled by end of business Friday 5 pm (Saturday, Sunday and Holidays are non business days). For orders canceled with less than a 24-hour notice, Mark Jacobs Productions charges 50% of the total invoice cost. Clients deposit of 50% will be used to cover the cancelation fee. If, a shoot is rescheduled with less than a 24-hour notice, then canceled with a 24-hour notice. The shoot will be invoiced at 50% of the total invoice plus the rescheduling fee.

Indemnity:

In no event shall the photographer be held liable for any damages incurred by client or to clients property. In no event shall photographer be liable for any special, incidental, indirect, punitive, exemplary, or consequential damages. Client agrees to indemnify, defend and hold harmless photographer from and against any and all third party claims, losses, liabilities, damages and expenses, including attorneys fees, resulting from Clients act or omission under or related to this Agreement.

Payment Terms:

50% paid at booking balance due on media download.

Governing Law:

This Agreement shall be governed by the law of the North Carolina without reference to its rules relating to choice of law.

Entire Agreement:

This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

By booking any services with Mark Jacobs Productions you are agreeing to be bound by these terms and conditions. You are also acknowledging that such agreement constitutes a binding contract between the client and Mark Jacobs Productions.

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