Terms and Conditions for Real Estate Photography Services

Introduction

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.

Service Description

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.

Property Preparation and Client Responsibilities

3.1 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.

3.2 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.

3.3 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.

3.4 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.

Resident Vacancy and Lighting Conditions

4.1 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.

4.2 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.

Booking, Payment, and Delivery

5.1 Booking: 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.

5.2 Payment: 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.

5.3 Delivery Timeframe: 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.

6.1 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.

6.2 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.

Limitation of Liability

7.1 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.

7.2 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.

7.3 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.

7.4 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.

Governing Law and Jurisdiction

8.1 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.

8.2 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.

Reviewing Portfolio and Setting Expectations

9.1 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.

9.2 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.

9.3 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.

9.4 Standard Process and Pricing

9.4.1 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.

9.4.2 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.

9. 5 Cloud Storage

9.5.1 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.

9.5.2 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.

9.5.3 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.

9.6 Lighting Recommendations

9.6.1 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.

9.6.2 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.

Revisions and Booking Recommendations

10.1 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.

10.2 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.

10.3 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.

Refunds

11.1 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.

11.2 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.

11.3 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

Terms and Conditions for Real Estate Photography Services

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