OPTIMAL LIGHT PHOTOGRAPHY
TERMS OF SERVICE
AGREEMENT
This agreement is between the real estate agent or broker (the Client) specified on the invoice and Pedro Quijada / Optimal Light Photography (the Photographer)
PAYMENTS
Payment is due on the date specified on the invoice. For first-time clients I require an upfront payment. For future appointments, payment is due within 10 days. Payment upon scheduling or the day of the shoot is preferred. Failure to submit payments on or before the payment due date will result in a cancellation of future appointments.
Payments accepted: all major credit cards, main digital wallets, cash, check or electronic bank transfer. For credit cards, digital wallets and electronic bank transfers the client will be charged the processing fee determined by the payment gateway company (Stripe – usually a 2.9% + $0.30 for credit cards and digital wallets and 0.8% capped at $5.00 for ACH Direct Debit bank transfers). For checks, make them payable to “Optimal Light Media LLC” and mail them to PO Box 351, Salkum, WA 98582.
Multiple trips to the property will result in a $50.00 re-shoot fee (plus corresponding travel fees, if applicable). Late payments will be charged a late fee of 5% per 30 days after the agreed due date of final invoice.
Pricing and product is subject to change, please call with any questions.
TRAVEL FEES, CHARGES AND EXPENSES
Client is responsible for all fees and charges associated with out-of-free-travel area shoots, which is the following:
Free Travel area:
- Thurston County
- Western Lewis County (until Morton and Elbe – Eastern limit is Hwy 7)
- Cowlitz County (only in the triangle comprised between Ryderwood, Saint Helens & Longview).
Click to enlarge
Travel beyond these limits will incur in a $0.75 / mile charge, and will be calculated using the recommended route by Google Maps. Client agrees to pay the travel fee according to the location of the photographic event. Incidental charges such as parking, tolls etc., will be billed to the client.
SHOOT SCHEDULING
Appointments: Requests for photography appointments should be submitted via the scheduling form or calling. Please, leave as much detailed information as you can. Next day orders are difficult to schedule and cannot be guaranteed.
AT THE SHOOT
Attendance: Either a licensed agent or the homeowner may be present for the duration of the appointment but is not required. With exception to the licensed agent, the homeowner, and the Photographer, the property is to remain vacant for the duration of the appointment.
Property Condition: The property will be photographed in its condition at the photographic event time. All alterations and improvements must be made prior to the photographic event time.
Creation: The manner and method of creating any Photographs are solely at the discretion of Photographer and the Client has no right to control Photographer’s manner and method of performance under this Agreement. Photographer will use his/her best efforts to: (a) ensure that the Photos conform to Client’s specifications; and (b) submit all Photos to Client in publishable quality, on or before the applicable deadlines.
AFTER THE SHOOT
Once the images have been made, the Photographer will perform digital retouching. The images will be digitally delivered via a private download link to the email address provided by the Client. Images will be ready 24-48 hours after the shoot unless otherwise specified. Two image sizes will be made available – full-resolution for printing and web-sized for MLS listings, email, and online sharing.
CANCELLATION, NO-SHOW AND INCLEMENT WEATHER POLICY
If cancellation or re-scheduling is necessary, please do so with a minimum of a 24-hour notice. Any shoot canceled within 24 hours of a booked appointment is subject to a $50 Cancellation Fee. If the Photographer arrives at the appointment and the property is inaccessible to the Photographer, is not ready to be photographed, or the Client arrives late beyond 30 minutes to an appointment, the appointment is considered canceled and will be billed at the half rate (0.5x) of the shoot fee. Every effort will be made to accommodate a rescheduling. In the event of inclement weather preventing photography, a new date will be scheduled at the earliest available time.
RIGHTS AND USAGE
All images produced for the Client may be used by the Client for any and all marketing materials and campaigns associated with the property and for the Client’s self-promotion. The images may also be used by the Client’s parent company for the sole purpose of marketing the specific property photographed. Photographer will grant a non-exclusive license to use the images upon receipt of full payment. The license is printed on the invoice. The license covers publication and display of images in the following media: on the Internet and in print, editorial, publicity, broadcast, and display throughout the world.
The licensing agreement is valid only for the duration the home/property is listed for sale and cannot be reused without specific written permission. Images cannot be sold to another agent who takes over an expired or withdrawn listing.
Copyright and ownership of the images remain with the Photographer, and the license is granted only to the Client and Clients parent company, and not to any third party. The Client may not sublicense, re-sell, rent, lend, assign, gift, distribute, or otherwise transfer or assign rights to the Images or remove any copyright, trademark or watermark from any place where it appears on the images. Any use of the images by a third party, including, but not limited to, architects, builders, stagers, designers, sellers or buyers, is strictly prohibited unless approved in writing by the photographer before any such usage.