Terms and Conditions for Real Estate Photography Services

AIR UNLIMITED CORP AIR SEAL Guarantee

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Introduction

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These terms and conditions govern the use of real estate photography services provided by AIR UNLIMITED CORP ("the Company") to its clients ("the Clients"). By accessing and using the services provided by the Company, the Clients agree to comply with these terms and conditions.

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Service Description

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The Company, AIR UNLIMITED CORP, offers professional real estate photography services, including property photography, virtual tours, editing, and other related services as agreed upon between the Company and the Clients.

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1 Property Preparation and Client Responsibilities

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1.1 Property Preparation: To obtain optimal results, it is imperative that the property is meticulously cleaned and staged before the photographer's arrival on-site. The Company strongly recommends following the provided cleaning checklist and viewing the property preparation video to achieve optimal results.

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1.2 Unprepared Property: It is the responsibility of the Clients to ensure that the property is appropriately prepared before the scheduled photography session. An unprepared home causes disruptions, delays, and distractions, impeding the photographer's ability to compose photographs effectively. The Company's photographers do not provide cleaning services or rearrange the property during the shoot.

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1.3 Client Presence: For realtors and Airbnb hosts, it is strongly advised to be present at the property an hour before the photography shoot to ensure it is in marketable condition.

1.4 Rescheduling: In the event that the property will not be ready as anticipated, the Clients must contact the Company immediately to reschedule the shoot. Cancelling on the day of the shoot will result in a cancellation fee of $45, in addition to any relevant driving fees that may apply.

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1.4 Cleanup and Preparation: Clients acknowledge and agree that the responsibility for cleaning and preparing the property for photography lies solely with them. The Company's photographers are not responsible for, and will not engage in, any form of cleaning, tidying up, or organizing items within the property.

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1.5 Removal of Items: Clients must ensure that any personal belongings, clutter, or items they do not wish to appear in the final photographs are appropriately removed from the view of the camera. The Company's photographers will not move, rearrange, or store items during the photography session.

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1.5 Verbal Agreements: Clients are explicitly informed that any verbal agreements or discussions with the photographer concerning the removal, repositioning, or handling of items within the property are not binding.

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1.6 Liability: The Company shall not be liable for any consequences, including but not limited to delays, suboptimal photographs, or disruptions, arising from the failure of Clients to adhere to the guidelines outlined in Section 1.5. Clients shall indemnify and hold the Company harmless against any claims or disputes related to property preparation and item handling.

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1.7 Parking: Clients are responsible for ensuring suitable parking arrangements for the photography session. If the property does not have readily available parking and the photographer incurs parking fees, these fees will be charged to the invoice and payable by the Client. It is imperative that the Client communicates any parking arrangements or concerns to the Company in advance to avoid any inconveniences or additional charges.

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1.8 Amenities: The Company shall provide real estate photography services to capture amenities in condo or apartment buildings, as agreed upon by the parties. It is the responsibility of the Client to coordinate and escort the photographer to the specified amenities within the property for capturing purposes. The Client shall provide all necessary details and information about the amenities to ensure accurate and comprehensive photography. Failure to provide clear access instructions and details about the amenities to the photographer absolves the Company from any liability regarding the completeness or accuracy of the captured images in relation to the amenities.

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1. 9 Client Responsibility for Property Readiness: In order to ensure the successful execution of your real estate photography session, it is imperative that the client takes the necessary steps to have the property ready for photography as agreed upon in our contract. This includes ensuring that the property is clean, decluttered, well-lit, and presented in its best possible condition.

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1.10 Photographer's Waiting Time: If, upon arrival at the property, the photographer is unable to begin the photoshoot due to the property not being prepared or in the agreed-upon condition, the client shall be responsible for a waiting fee. This waiting fee will be assessed at a rate of $45 per hour or part thereof. The waiting fee will commence from the originally scheduled start time of the photoshoot.

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1.11 Non-Guarantee of Photoshoot: It is important to note that in the event of a delay due to the property not being ready, our ability to complete the photoshoot may be compromised, particularly if we have other commitments scheduled on the same day. We will make every reasonable effort to accommodate your needs and reschedule the photoshoot when possible, but we cannot guarantee the availability of an alternative time slot on the same day.

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1.12Advance Notice: We understand that unforeseen circumstances may arise, causing a delay in property readiness. However, we kindly request that clients provide us with as much advance notice as possible to reschedule the photoshoot, if necessary. This will help us better manage our schedule and accommodate your needs effectively.

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1.13 Client's Responsibility for Delay Fee: The waiting fee for property preparation delays is the responsibility of the client and will be invoiced separately from the photography service. This fee is due within [X] days of the invoice date. Failure to pay the waiting fee within the specified time frame may result in additional charges or postponement of future services.

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1.14 Property Readiness Checklist: To assist clients in preparing their properties for photography, we provide a Property Readiness Checklist, which outlines the steps to be taken to ensure a successful photoshoot. It is the client's responsibility to review and adhere to this checklist to avoid any unnecessary delays or fees.

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1.15 Square Footage Adjustment: In the event that the square footage of the property is determined to be larger than originally presented, the Client acknowledges the importance of honesty and accuracy during the booking process. The Client understands that the square footage adjustment will be calculated by the team and reflected in the final pricing without the option to adjust the price. Honest and accurate square footage disclosure is essential to ensure transparency and fairness in the pricing of photography services.

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1.16 Client Requests for Specific Angles: We understand that you may have specific requests for certain angles, shots, or compositions during the photography session. While we strive to capture the property in the best possible way, we encourage you to actively participate in the shooting process if you have very specific requests. If you wish to ensure that certain angles are captured to your satisfaction, we kindly request you to be present during the photography session. In such cases, we will make every effort to capture the desired angles as per your specific instructions.

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Upon your request for specific angles, we will confirm with you on-site whether the desired angles have been captured to your satisfaction. Your presence during the photography session ensures that your requests are understood and executed accordingly.

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1.17 Photographer's Discretion: In situations where you are unable to be present during the shoot or choose not to provide specific directions, our photographers will use their professional discretion to capture the property in the best possible manner. We trust our photographers' expertise and creative judgment to create high-quality images.

 

1.18 Pricing: All pricing provided by the Company is quoted on a per unit or per property basis, as specified in the agreement between the Company and the client. Pricing may vary based on the size, type, and specific requirements of the property.

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1.19 Client Satisfaction and Liability: If you choose not to be present during the photography session or provide specific directions for angles, we want to clarify that we are not liable for any dissatisfaction you may have with the final images. In such cases, the photographers will use their professional judgment to create images that showcase the property in the best light possible.

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2 Resident Vacancy and Lighting Conditions

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2.1 Resident Vacancy: To ensure an uninterrupted and efficient photoshoot process, it is advised that all residents vacate the premises during the duration of the photography session. This arrangement facilitates an optimal working environment for the Company's team members, allowing them to execute their duties without interruptions or distractions.

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2.2 Lighting Conditions: Given the utilization of the HDR Photography technique, it is essential to acknowledge the potential for color inaccuracies arising from suboptimal lighting conditions. To achieve optimal photo results, it is strongly recommended to employ daylight white bulbs exclusively throughout the property. The use of warm yellow bulbs should be abstained from, as they may compromise the overall quality and color of the captured images.

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3 Booking, Payment, and Delivery

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3.1 Clients are required to make a booking for photography services in advance. The booking details, including date, time, and location, should be provided to the Company.

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3.2 The client is solely responsible for scheduling and booking the real estate photoshoot at a time that aligns with their preferences, including but not limited to preferences for lighting conditions such as sunset or broad daylight.

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3.3 The client acknowledges that it is their responsibility to ensure that the selected time slot corresponds to their desired lighting conditions for the photoshoot.

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3.4 The company shall not be held liable for any discrepancies or issues arising from the client's failure to book the appropriate time slot based on their preferences.

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3.5 Clients shall pay the agreed-upon fees for the photography services as specified in the Company's pricing and payment terms. Payment should be made prior to the scheduled photography session, unless otherwise agreed upon.

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3.6 The Company strives to deliver HDR Photography within 24 hours after the photographer completes the photoshoot, and all other media are delivered within 48 hours. The Company makes every effort to deliver content as soon as possible.

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4 Copyright, Usage, and Limitation of Liability

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4.1 Copyright Ownership: AIR UNLIMITED CORP retains all copyright and intellectual property rights for the photographs taken during the photography session. The Clients are granted a non-exclusive license to use the photographs for their real estate marketing purposes.

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4.2 Usage Restrictions: The Clients agree not to use the photographs for any unlawful or unauthorized purposes. The photographs may not be sold, sublicensed, or distributed without the prior written consent of AIR UNLIMITED CORP.

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4.3 Limitation of Liability

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4.3.1 Property Condition: AIR UNLIMITED CORP shall not be held liable for any issues arising from the condition of the property, including but not limited to cleanliness, staging, or defects that may affect the overall appearance of the photographs.

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4.3.2 Client Responsibilities: The Clients acknowledge that it is their responsibility to prepare the property appropriately before the scheduled photography session. Failure to do so may result in disruptions, delays, or suboptimal quality of the photographs. AIR UNLIMITED CORP shall not be held liable for any negative consequences resulting from the Clients' failure to adhere to the property preparation guidelines provided by the Company.

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4.3.3 Color Inaccuracies: The Clients understand that the use of suboptimal lighting conditions or inappropriate bulbs may result in color inaccuracies in the photographs. While AIR UNLIMITED CORP strives to provide high-quality images, the Clients acknowledge that certain factors beyond the Company's control may impact the color accuracy of the photographs.

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4.3.4 Refunds: AIR UNLIMITED CORP does not entertain requests for refunds. The Clients understand and acknowledge that any decline in quality experienced due to their failure to adhere to the prescribed recommendations, as well as the terms and conditions outlined by the Company, does not entitle them to a refund.

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5 Governing Law and Jurisdiction

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5.1 These terms and conditions shall be governed by and interpreted in accordance with the laws of Canada. Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts in Ontario, Canada. For Clients residing outside of Ontario, the courts in their respective jurisdiction shall also have non-exclusive jurisdiction over any disputes.

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5.2 In this revised section, you would specify the primary province or territory where your company is located and where the exclusive jurisdiction lies. Additionally, you clarify that for Clients residing outside of your primary province or territory, the courts in their respective jurisdiction will also have non-exclusive jurisdiction over any disputes that may arise.

Please note that it's advisable to consult with a legal professional to ensure that your terms and conditions accurately reflect the applicable laws and jurisdictions for your specific business operations.

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6 Reviewing Portfolio and Setting Expectations

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6.1 Portfolio and Product Review: AIR UNLIMITED CORP encourages Clients to review our portfolio and products, which are available on our website or other designated platforms, to gain an understanding of the quality and style of our photography services. We recommend that Clients review our portfolio to set realistic expectations regarding the final results they can expect from our services.

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6.2 Understanding Variations: Clients acknowledge that there may be variations in the final output, such as composition, lighting, and color, due to different property types, lighting conditions, and other factors. The portfolio is provided as a general representation of our work and should not be construed as an exact replication of the final photographs for their specific property.

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6.3 Open Communication: We encourage open communication with Clients to discuss their specific requirements and address any questions or concerns they may have before scheduling the photography session. Clear communication helps ensure that both parties are aligned in terms of expectations and can work together to achieve the desired outcome.

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7 Standard Process and Pricing

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7.1 Standard Process: AIR UNLIMITED CORP's photographers follow a standard process that reflects our pricing structure. This process includes a specific amount of time spent on-site for the photography session and subsequent editing. Clients should review our pricing and package details to understand the scope of our services and the corresponding expectations.

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7.2 Additional Charges: Clients should note that any additional requests that deviate from our standard process may be subject to additional charges. The photographers may not be able to provide an immediate quote for such requests on-site. In such cases, the Clients will be informed of the additional charges and given the opportunity to agree upon them before any additional work is undertaken.

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8 Cloud Storage

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8.1 Storage Duration: AIR UNLIMITED CORP provides cloud storage for the media (photographs and other deliverable products) for a period of up to 2 to 3 months from the date of delivery. Clients are advised to download and securely store their files within this timeframe.

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8.2 Limitations on Storage: Due to the high volume of shoots we perform, we cannot guarantee indefinite storage of Client files. After the specified storage duration, AIR UNLIMITED CORP reserves the right to remove or delete the Client's files from our cloud storage system.

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8.3 Client Responsibility: It is the responsibility of the Clients to download and store their files within the provided timeframe. AIR UNLIMITED CORP shall not be held liable for any loss or damage to files once they are removed from our cloud storage system after the specified storage duration.

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9 Air Unlimited Corp. Matterport Terms and Conditions - Data Storage Limitation

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These Terms and Conditions ("Terms") govern the limitations on data storage for Matterport 3D tour spaces provided by Air Unlimited Corp. ("Air Unlimited," "we," "our," or "us"). By using Air Unlimited's services, you agree to comply with and be bound by these Terms.

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9.1 Data Storage Limitation: As of February 2nd, 2022, Air Unlimited Corp. has implemented a data storage limitation for 3D tour spaces. We are unable to store 3D tour spaces for more than three (3) months due to a recent Matterport update regarding cloud storage limitations.

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9.2 Data Retention: Air Unlimited Corp. will retain 3D tour spaces on its servers for a period of up to three (3) months from the date of capture or upload. After this period, the 3D tour spaces may be removed from our servers and deleted.

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9.3 User Responsibilities

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a. Backup and Preservation:  It is the user's responsibility to make backups or preserve copies of their 3D tour spaces before the expiration of the three-month storage period.

b. Data Deletion: Users are encouraged to remove any 3D tour spaces they no longer require from the Air Unlimited platform to ensure compliance with this data storage limitation.

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9.4 Compliance with Terms: By continuing to use Air Unlimited's services, you agree to adhere to the data storage limitations outlined in these Terms. Failure to comply with these limitations may result in the removal of your 3D tour spaces from our servers.

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9.5 Extended Data Storage with Monthly Fee

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a. Monthly Fee Requirement: Should users require the storage of 3D tour spaces beyond the initial three-month period, a monthly fee arrangement will be applicable. Air Unlimited will offer the option of extending the data storage period for a fee, the details of which will be communicated to the user.

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b. Payment and Billing: Users opting for extended data storage will be responsible for the agreed-upon monthly fees. Payment for the extended storage period will be processed in accordance with Air Unlimited's standard billing and payment procedures.

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c.Termination of Extended Storage: Users may choose to terminate the extended storage arrangement at any time, upon which the 3D tour spaces will be subject to the standard three-month data storage limitation unless otherwise specified.

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Agreement to Monthly Fee Terms

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By opting for extended data storage beyond the initial three-month period and agreeing to the monthly fee arrangement, users acknowledge and agree to the terms regarding payment, billing, and termination as outlined in Section 5.

These additional terms regarding extended data storage with a monthly fee arrangement are an integral part of Air Unlimited Corp.'s 

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9.6 Clean and Unoccupied Environment

a. The Client acknowledges that Matterport scans require a clean and unoccupied environment for optimum results.
b. It is highly recommended that the property be cleaned and unoccupied during the Matterport photography session to avoid errors in the scans.

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9.7 Access to All Rooms
a. For multi-unit residential homes and duplexes, it is crucial to ensure that the photographer has easy access to all rooms for Matterport scanning.
b. The Client understands that all residents must be away or have vacated the unit during the scheduled Matterport photography session.

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9.8 Client Responsibilities for Matterport Services:
a. The Client agrees to provide the Company with unrestricted access to all areas of the property required for Matterport scanning.
b. The Client is responsible for ensuring that the property is in a suitable state as recommended for Matterport scans.

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9.9 Liability for Matterport Scans:
a. The Company shall not be liable for any unsatisfactory results arising from the failure of the Client to comply with the recommended conditions for Matterport scans.
b. The Client acknowledges that errors in Matterport scans caused by the presence of individuals walking around the property during the photography session are beyond the Company's control.

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9.10 Rescheduling and Cancellation for Matterport Services:
a. In the event that the property is not clean or unoccupied as recommended, the Company reserves the right to reschedule the Matterport photography session, subject to availability and additional charges.
b. The Client may incur a cancellation fee if the property is not made available as agreed upon in the service agreement.

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10 Lighting Recommendations

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10.1 Use of Daylight White Bulbs: AIR UNLIMITED CORP recommends the use of daylight white bulbs to achieve the best color results in the photographs. Daylight white bulbs provide a neutral color temperature that enhances the overall quality and accuracy of the images captured.

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10.2 Avoidance of Yellow Bulbs: Clients are advised to refrain from using very yellow bulbs, as they may cause white balance issues and compromise the overall color accuracy of the captured images. Yellow bulbs can introduce unwanted warm tones, which may distort the intended colors of the property.

 

11 Revisions and Booking Recommendations

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11.1 Booking in Advance: AIR UNLIMITED CORP recommends that Clients book a photoshoot well in advance before listing their property. This allows sufficient time for the photography session and subsequent processing of the deliverable products.

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11.2 Processing Revision Requests: Clients are advised to allow a reasonable timeframe of up to 8-12 hours for any revision requests to be processed. This timeframe ensures that the requested revisions can be thoroughly reviewed, assessed, and implemented effectively.

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11.3 Reviewing Deliverable Products: AIR UNLIMITED CORP recommends that Clients carefully review all the deliverable products upon receipt. Should revisions be required, Clients are encouraged to consolidate and submit all revision requests at once to minimize back-and-forth communication and optimize the revision process.

 

11.4 The Client is responsible for ensuring that the shooting location is clean, organized, and ready for the photography session. Any delays or disruptions caused due to an unprepared location shall not be the responsibility of the Company.

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11.5 Our standard editing includes color correction, basic retouching, and enhancement of images as determined by our professional judgment. Any additional editing requests beyond our standard process will be considered as special requests.

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11.6 The Client acknowledges that extensive editing, including object removal, background changes, or advanced retouching, is not included in our standard editing package. Such requests shall be treated as special requests and will incur an additional fee.

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12 Pre-Selection Service Terms and Conditions

12.1 Nature of Service:
The Pre-Selection service allows Customers to select specific photographs from a set of unedited images taken during a photography session. The selected photographs will be processed and edited based on the Customer's preferences.

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12.2 Complimentary Service:
The Pre-Selection service is provided as a complimentary service by the Company. It is important to note that this service is subject to the Company's discretion and availability based on workload. Customers are not entitled to the Pre-Selection service.

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12.3 Submission and Completion:
Customers may submit their selections through the provided platform. Submissions for pre-selection must be completed by 10:00 PM Eastern Standard Time on the designated submission date. The submission date will be communicated to the Customer by the Company.

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12.4 Time Limit for Pre-Selection:
The Customer must complete their pre-selection by the specified submission deadline. Failure to do so will result in the use of the photographer's selections for editing.

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12.5 Photographer's Selections:
If the Customer does not complete their pre-selection by the designated deadline, the Company will proceed with editing the images based on the photographer's selections.

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12.6 Quality and Editing:
The Company will ensure that selected photographs are processed and edited according to its standard quality and editing procedures, regardless of whether the Customer or the photographer made the selection.

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12.7 Liability and Responsibility:
The Company shall not be held liable for any dissatisfaction or disagreements regarding the selection, editing, or outcome of the photographs, whether chosen by the Customer or the photographer.

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12.8 Changes and Discontinuation:
The Company reserves the right to modify or discontinue the Pre-Selection service at any time without prior notice. Changes to the Service, including its availability and terms, will be updated on the Company's official website.

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12. 9 Acceptance of Terms:
By utilizing the Pre-Selection service, the Customer acknowledges and agrees to abide by these Terms and any updates made by the Company. If the Customer does not agree with these Terms, they should refrain from using the Pre-Selection service.

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13 Refunds

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13.1 Revision Process: AIR UNLIMITED CORP strives to ensure Client satisfaction by providing a revision process for the deliverable products. Clients are encouraged to communicate their revision requests promptly and work closely with our team to address any concerns or desired changes.

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13.2 Final Refund Consideration: In the event that, despite the revision process, the Client is still not satisfied with the deliverable products, a refund may be considered. However, please note that a refund will only be issued once and will be subject to a final review by AIR UNLIMITED CORP.

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13.3 Refund Criteria: The decision to issue a refund will be based on the merit of the case and the Company's assessment of the product's compliance with the agreed-upon specifications. Refunds will only be granted if the dissatisfaction arises despite the Client's adherence to the recommendations and terms and conditions outlined by AIR UNLIMITED CORP. Refunds will not be granted if the dissatisfaction arises from factors beyond the Company's control or the Client's failure to follow the recommended guidelines.

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By accessing and using the services provided by AIR UNLIMITED CORP, the Clients acknowledge that they have read, understood, and agreed to the terms and conditions outlined above.

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13.3 Refund Criteria: The decision to issue a refund will be based on the merit of the case and the Company's assessment of the product's compliance with the agreed-upon specifications. Refunds will only be granted if the dissatisfaction arises despite the Client's adherence to the recommendations and terms and conditions outlined by AIR UNLIMITED CORP. Refunds will not be granted if the dissatisfaction arises from factors beyond the Company's control or the Client's failure to follow the recommended guideline

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14. Real Estate Photography - Standard Angles

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14.1 To ensure clarity and transparency, please review our standard angles for capturing property shots:

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Front Angles: Three angles: left, center, and right.
Backyard: Four corner angles and one center angle.
Interior Front: Door shot.
Main Level: Hallway shot (one angle).
Powder Room: One angle.
Living Room: Four to five angles.
Kitchen: Four to five angles.
Staircase: One angle.
Upstairs Hallway: One angle.
Master Bedroom: Two to three corner angles.
Master Bath: One to two corner angles (depending on layout).
Secondary Bedrooms: One to two angles.
Secondary Bathrooms: One angle.
Laundry: One angle.
Unfinished Basements: One to two angles.
Amenities (Condo): One to two angles for each room if no people are present.
Exterior (Condo): One to two angles; may include cars, and we cannot delay the shoot for vehicles to be moved.
 

14.2 Additionally, we want to emphasize the client's responsibility in reviewing and confirming the services ordered and package details. It is essential to thoroughly cross-check the booking confirmation email to ensure that the packages and services selected are accurate and meet your requirements. Should you have any questions or require clarification on the services offered, please do not hesitate to reach out to us.

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We appreciate your understanding and cooperation in confirming the details of your booking and package selections. Thank you for entrusting us with your real estate photography needs.

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15 Agreement Acceptance and Updates

15.1 Acceptance: By using our services, you acknowledge that you have read, understood, and accepted these terms and conditions.

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15.2 Updates: We reserve the right to update or modify these terms and conditions at any time without prior notice. It is your responsibility to periodically review these terms and conditions for any changes. The updated terms and conditions will be effective immediately upon posting.

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15.3 Applicability to Preceding Shoots: Updated terms and conditions may apply to preceding shoots if explicitly mentioned. You agree to be bound by the most current version of these terms and conditions for all new and previous transactions.

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16 Cancellation Policy:

Cancellations/rescheduling made within 24 hours of the scheduled photography appointment will incur a $45 cancellation fee. We value our commitment to providing excellent service and adhering to scheduled appointments, and this fee helps cover scheduling and administrative costs associated with last-minute cancellations/rescheduling.

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17 Late Payment Terms and Conditions for Air Unlimited Photography

 

17.1 Late Payment Surcharge: A surcharge of 15% will be applied to all payments not received within one month (30 days) from the date of the invoice. This late payment fee will accrue monthly until the outstanding balance is settled.

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17.2 Accumulation Period: The 15% surcharge will be imposed for a maximum period of three months from the original due date. This is to encourage prompt payment and to cover administrative costs associated with overdue accounts.

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17.3 Collections Process: If the outstanding balance remains unpaid after the three-month period, Air Unlimited Photography reserves the right to initiate collection proceedings. This may involve engaging the services of a third-party collection agency to recover the amount owed.

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17.4 Communication: Clients with overdue accounts will be notified through email or other available communication channels to remind them of the outstanding payment and the associated surcharge. It is the client's responsibility to ensure that their contact information with Air Unlimited Photography is accurate and up-to-date.

 

17.5 Dispute Resolution: In the event of a dispute concerning the invoiced amount, the client must notify Air Unlimited Photography in writing within 15 days of receiving the invoice. Failure to do so will be considered an acceptance of the invoiced amount.
 

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