Terms and Conditions

Terms and Conditions

Last updated: November 8, 2023

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://estatephotos.la website (the “Service”) operated by Estate Photos L.A. (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Intellectual Property & Licensing Clarity

Before you proceed, ensure that you have thoroughly read, understood, and accepted the terms set forth by ESTATE PHOTOS L.A. Please be aware that these terms and conditions might undergo revisions periodically. For queries or issues regarding image licensing and usage, kindly reach out to ESTATE PHOTOS L.A. before using any images.

Upon payment of the invoice and/or usage of images, you signify your acceptance of the following specific license terms and conditions in their entirety:

– The image usage is exclusively granted to the Licensee, as defined within the parameters of these terms and conditions. These terms serve as a master license document for all interactions, unless there is a provision of notice for updated terms or individually agreed upon contracts. Any deviation from these conditions requires expressed written consent from ESTATE PHOTOS L.A.

– The license is non-transferable and intended solely for the use of the invoiced client and any co-listing agents (the “Licensee”). The images cannot be re-sold, distributed, or used for the promotion of any third parties, such as developers, subsequent listing agents, owners, contractors, architects, designers, stagers, or anyone else, for any purpose, commercial or non-commercial, without acquiring a separate license from ESTATE PHOTOS L.A. All requests related to image usage should be directed to ESTATE PHOTOS L.A.

– ESTATE PHOTOS L.A. retains the exclusive ownership and copyright of the images, as stated under U.S. Copyright law.

– The Licensee confirms they have the legal authority or have obtained consent from the property owners to have the property photographed. The Licensee grants ESTATE PHOTOS L.A. the right to assert its copyright by using or selling all images taken at the photo shoot for its commercial and promotional use.

– The Licensee may reproduce and use the licensed photos solely for marketing purposes related to the sale of the photographed property throughout their listing agreement. This use extends to single-property and agency websites, syndicated real estate listing websites, social media, print advertising, and marketing collateral. The Licensee also has a perpetual right to use the images for personal promotion related to prior real estate sales portfolio and to provide visual content on their real estate business sales-related website, with no other commercial purposes permitted.

– If images are requested and used by publications for editorials that promote the sale of the property, image credit attribution to ESTATE PHOTOS L.A. is mandatory. The Licensee must not distribute images to publications for general editorial use or after the sale of the property or the expiration of the Licensee’s listing agreement. Such requests should be referred to ESTATE PHOTOS L.A.

– All image alterations and touch-ups (using software tools like Photoshop) must be carried out with the prior consent of the invoiced agent(s), who assumes responsibility for such image use.

– Property websites and their registered domains are owned by ESTATE PHOTOS L.A. and are provided for the duration of the listing only, up to a maximum of one year and must be hosted by ESTATE PHOTOS L.A. Hosting beyond one year may incur additional fees.

– This agreement does not limit any additional legal rights accorded to copyright holders by law or curtail the statutory rights of the licensee(s).

PAYMENT TERMS, LATE PAYMENT PENALTY, AND CANCELLATION POLICY

LATE INVOICE PAYMENT AND LEGAL ACTION

1) Invoices are due immediately upon receipt. It is vital to our business operation that all invoices are paid promptly. Therefore, we enforce a strict late payment policy.

Should an invoice not be paid within 15 days of being received, a penalty will be applied. This penalty consists of an initial late fee of $50, plus an additional interest charge of  5% per month on the outstanding amount, accruing from the day following the due date.

We reserve the right to withhold services, including the delivery of any future images until any outstanding invoices and associated penalties are fully paid. Continued late payment may result in the termination of our services.

Please note that in cases of persistent non-payment, we also reserve the right to take legal action to recover the debt.

We urge all clients to adhere to these payment terms to avoid any unnecessary delays, additional costs, or potential legal action.

This clause ensures prompt payments and helps us maintain our high-quality service for all our clients.

2. Cancellations/Rescheduling: If you need to cancel the shoot, please notify us at least 48 hours in advance.

Same Day Cancellation: If a cancellation is made within 24 hours of the scheduled start time of the shoot, a fee of $125.00 will be charged.

Onsite Cancellation: If a cancellation occurs within an hour of the shoot or up to 20-30 minutes after the agreed upon meet time, a fee of $175 will be charged.

Automatic Onsite Cancellation: If the client is unreachable after 20-30 minutes of the photographer being onsite, the shoot will be considered automatically canceled. Furthermore, if our photographer arrives at the scheduled location and discovers that the shoot has been canceled without prior notice, or if the property is not ready for the shoot without prior notice, a fee of $350.00 will be charged.

TERMINATION

We may terminate or suspend access to our Service without prior notice or liability, for any reason, including a breach of these Terms. Provisions that by their nature should survive termination will do so.

GOVERNING LAW

These Terms will be governed by the laws of the United States, without regard to conflict of law provisions.

CHANGES TO TERMS

We reserve the right to modify or replace these Terms at our sole discretion. For material revisions, we aim to provide at least 30 days notice. By continuing to access or use our Service after revisions become

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