Terms and Conditions of Service
1. Booking and Reservation
A booking is only considered confirmed once the client has completed the booking form and full payment for the entire service has been received. The scheduled date and time are not reserved until payment is complete. All services are sold on a first-paid, first-reserved basis.
2. Payment Terms
-
Full Payment Required: The total fee for the service is due in full at the time of booking to secure the appointment.
-
Accepted Methods: Payment must be made via the methods provided on our booking platform (e.g., credit card, debit card, ACH).
-
No Reservation Without Payment: Any tentative dates discussed are not guaranteed until full payment is processed and a confirmation is issued by us.
3. Client Responsibilities
The Client agrees to:
-
Provide Details: Provide complete and accurate information regarding the shoot locations, desired shots, and community features via the booking form.
-
Secure Access: Secure all necessary permissions and provide access to all community areas and amenities (e.g., pools, clubhouses, rooftops, gates). A point of contact for on-site access must be provided at least 24 hours before the shoot.
-
Notify Residents: Inform community residents and security personnel of the photography/videography session per community rules to ensure a smooth process.
-
Safety & Cooperation: Ensure the shooting locations are safe, presentable, and free of obstructions for the duration of the shoot.
4. Rescheduling and Cancellation by Client
-
Rescheduling: Client may reschedule their session once at no charge, provided they give at least 72 hours notice. The payment will be applied to the new date, subject to availability. Rescheduling with less than 72 hours notice will incur a $150 re-booking fee.
-
Cancellation: All payments are non-refundable. Due to the nature of our services, your payment reserves our time exclusively for you, and we cannot accept other work for that time slot once booked.
5. Rescheduling and Cancellation by Photographer
We reserve the right to reschedule due to illness, emergency, or inclement weather (specifically conditions that make shooting unsafe or ineffective, such as heavy rain, high winds for drone operation, or unsafe driving conditions). In such an event, we will work with the Client to reschedule to the next mutually available date. Liability for a rescheduled shoot is limited to the rescheduling of the appointment.
6. Weather Contingency (for outdoor/drone shoots)
The Client understands that outdoor and aerial photography is weather-dependent. The Photographer retains sole discretion to determine if weather conditions are unsuitable for shooting. If a shoot is rescheduled due to weather, the payment will be transferred in full to the new, rescheduled date.
7. Drone Operations (if applicable)
-
FAA Compliance: All drone operations are conducted by an FAA-certified Remote Pilot in accordance with applicable FAA rules and regulations.
-
Airspace & Safety: Flights are subject to FAA airspace restrictions and weather conditions. The Photographer has final authority to cancel or postpone drone operations for safety or regulatory reasons.
-
Client Responsibility: The Client is responsible for informing the Photographer of any local ordinances or community rules regarding drone operations and for obtaining any necessary permissions from residents or the HOA board.
8. Delivery
-
Turnaround: The final edited gallery of images and/or video files will be delivered digitally via an online gallery within 10 business days of the shoot date, unless otherwise agreed upon in writing.
-
Delivery Method: The number of edited photos and video length delivered will be as described in the purchased service package.
9. Licensing and Usage
-
Client License: Upon full payment, the Client is granted a perpetual, non-exclusive license to use the final images and videos for the marketing, promotion, and administrative purposes of their community or organization. This license includes use on websites, social media, print materials, and presentations.
-
Photographer's Rights: The Photographer retains the copyright to all images and reserves the right to use them for promotional purposes (e.g., portfolio, website, social media, advertising). If the client requires exclusive ownership or a buyout of copyright, this must be negotiated in a separate agreement for an additional fee.
10. Liability
-
The Photographer's liability for any claim of loss or damage is limited to the total value of the service package purchased.
-
The Photographer is not responsible for the inability of community staff or representatives to provide access to agreed-upon locations, which may result in a partial or incomplete collection of deliverables.
11. Model Release
The Client acknowledges that individuals may appear in shots incidentally. The Client is responsible for obtaining all necessary model releases from residents or event attendees if their likeness is to be used for promotional purposes. The Photographer is not liable for the failure of the Client to do so.
12. Certificate of Insurance (COI)
If the Client requires the Photographer to provide a Certificate of Insurance (COI) naming them as an "additionally insured," this request must be made at the time of booking. An additional administrative fee may apply for this service.
13. Governing Law
This agreement shall be governed by the laws of the state of [Your State].
Acceptance of Terms:
By completing the booking form and submitting payment, the Client acknowledges that they have read, understood, and agreed to all the Terms and Conditions stated above.