Terms and Conditions for One Take Real Estate Photography LLC

Effective Date: 10/1/2024

Property Readiness

The Client is expected to have the property "camera ready" prior to the beginning of the arrival window. This includes ensuring all cleaning, decluttering, and furniture staging is completed. For guidance, Clients are encouraged to review our Getting Ready checklist.

If the One Take Photographer arrives at the appointment and the home is not ready, the property will be photographed "As Is".

We value your feedback and input for choosing the best angles to photograph the property. If you would like to provide input, please meet the photographer at the beginning of the appointment or add notes in the "comments" section of your order.

Absent your input, the One Take Photographer will use their professional judgment and experience to select the angles that will best showcase the property.

Final image count, angles, composition, lighting style, and media selections are determined by One Take Real Estate Photography LLC using professional judgment. While Client input is welcome, specific shot requests are not guaranteed unless agreed upon before the appointment.

Order Details & Accuracy

The Client is responsible for ensuring all pertinent property details are accurately communicated at the time the order is placed. If discrepancies are identified, including but not limited to incorrect square footage, property type, property features, requested services, or the scope of work, One Take Real Estate Photography LLC reserves the right to adjust the pricing accordingly.

If the property size, scope, or requested services differ from the original order, additional charges may apply. Final media may be withheld until the outstanding balance is paid.

Please note that our standard pricing applies to single-dwelling residential properties. For commercial, multi-unit, mixed-use, luxury, land, rental, construction, or unusually large properties, please contact our office for a custom quote.

Safe Working Conditions

One Take Real Estate Photography LLC reserves the right to refuse, pause, reschedule, or terminate services if the property or surrounding area presents unsafe, unsanitary, hostile, illegal, or hazardous conditions. This includes, but is not limited to, unsecured pets, aggressive occupants, active construction hazards, environmental hazards, restricted access, unsafe structures, illegal activity, or any other condition that may place the photographer, Client, property occupants, or equipment at risk.

If services cannot be completed due to unsafe or unsuitable property conditions outside of One Take Real Estate Photography LLC's control, additional fees may apply for a return visit or rescheduled appointment.

Reschedule/Cancellation Policy

● Weather-Related Changes: Appointments that cannot be completed due to weather conditions, including but not limited to rain, snow, high winds, unsafe travel conditions, or drone flights prohibited due to weather, will be rescheduled after consulting with the Client, and no cancellation fee will be charged.

Drone Services

Drone services are subject to weather conditions, FAA regulations, airspace restrictions, temporary flight restrictions, property conditions, nearby airports, visibility, wind conditions, and the sole safety discretion of the drone operator.

If drone services cannot be safely or legally completed at the time of the appointment, One Take Real Estate Photography LLC may reschedule the drone portion, provide an alternative solution where appropriate, or remove/adjust the drone portion of the order at its discretion.

Payment Terms

All appointments require full payment upfront at the time of booking to reserve your spot. Payment can be made online via our booking platform or through other approved payment methods as agreed upon. Once payment is received, the appointment is confirmed.

Payments are non-refundable once services have been performed. If a Client cancels within the allowed cancellation window or reschedules before services are performed, payment may be credited toward a future appointment at One Take Real Estate Photography LLC's discretion.

If additional charges are added due to property size, service upgrades, incorrect order details, added media requests, or expanded scope of work, the balance must be paid before final media is released.

Hosting

One Take Real Estate Photography LLC will guarantee media hosting for one year from the appointment date, excluding Matterport 3D Tours & Floor Plans. Matterport media will be hosted until sold or up to six months. After the hosting period expires, Clients are responsible for permanent media storage and backup.

Clients are responsible for downloading and backing up all delivered media. One Take Real Estate Photography LLC is not responsible for storing, recovering, re-hosting, or re-delivering media after the stated hosting period has expired.

Delivery Times

● Next Business Day (Before 5 p.m.):

○ HDR Photography

○ Aerial/Drone Packages

○ 2D Floor Plans

● Second Business Day (Before 5 p.m.):

○ Twilight Edits

○ Virtual Staging, if requested photos are chosen the same day images are delivered

○ Matterport 3D Tours

Video work, including but not limited to cinematic tours, social videos, vertical videos, and agent marketing videos, may take up to five business days for the initial version to be delivered. Additional time may be required for requested revisions, alterations, specialty edits, or changes to the original scope of work.

Delivery times are estimates and may be affected by weekends, holidays, weather delays, unusually large orders, high order volume, Client delays in selecting images, Client-requested changes, third-party platform delays, technical issues, or circumstances outside of One Take Real Estate Photography LLC's control.

Third-Party Platforms

Certain services may rely on third-party platforms, including but not limited to Matterport, Zillow, CubiCasa, MLS systems, real estate portals, hosting platforms, video platforms, and delivery platforms.

One Take Real Estate Photography LLC is not responsible for outages, processing delays, display changes, compression, hosting policies, software changes, account issues, MLS restrictions, platform errors, or technical issues caused by third-party platforms.

Revision Policy

Reasonable correction requests, such as missing images, obvious editing errors, export issues, or technical issues, must be submitted within five business days of delivery.

Requests based on personal preference, property condition, staging changes, weather, lighting conditions, items left in the property, angles not requested before the appointment, or details not disclosed before the appointment may be subject to additional fees.

Re-edits, re-shoots, or additional edits caused by the property not being camera ready are not included unless agreed to in writing by One Take Real Estate Photography LLC.

Virtual staging, twilight edits, object removal, floor plan revisions, video revisions, and specialty edits may have separate revision limits, fees, and turnaround times.

Floor Plans and Measurements

Floor plans and measurements are provided for marketing purposes only and are approximate. They are not architectural drawings, surveys, appraisals, engineering documents, or legal documents.

The Client is responsible for verifying square footage, dimensions, room labels, property details, and any other information before publication, MLS submission, advertising, or reliance by buyers, sellers, agents, appraisers, inspectors, or other third parties.

Virtual Staging, Artificial Twilight, and Enhanced Edits

Virtual staging, artificial twilight, sky replacements, grass enhancements, object removal, AI-powered edits, and similar enhancements are intended for marketing purposes only.

The Client is responsible for ensuring that all edited, enhanced, staged, or modified media complies with MLS rules, advertising laws, brokerage policies, disclosure requirements, and any other applicable regulations.

One Take Real Estate Photography LLC is not responsible for claims arising from the Client's use or publication of enhanced or modified media if such use misrepresents the property or violates any applicable rule, law, policy, or disclosure requirement.

Rights and Usage

Grant of Rights

You hereby grant to One Take Real Estate Photography LLC and its affiliates a non-exclusive, perpetual, transferable, worldwide right to create, reproduce, display, transmit, and distribute the media content ("Work") produced under this agreement, including any derivative works created from it. The "Work" includes photos, videos, 3D tours, floor plans, and any other content created by One Take Real Estate Photography LLC. Any rights not expressly granted are reserved to One Take Real Estate Photography LLC, including copyright and ownership rights in the Work.

One Take Real Estate Photography LLC reserves the right to use the Work for the company's portfolio, promotional materials, website, social media, advertising, or display within or outside of its premises. One Take Real Estate Photography LLC further reserves the right to assign, transfer, license, or syndicate the Work and any related rights.

Usage Rights

Upon full payment, One Take Real Estate Photography LLC grants the Client a non-exclusive, non-transferable license to use the Work for marketing and promoting the specific property, including for use on MLS listings, real estate portals, and for the Client's business marketing.

The Client's license is for an unlimited duration on websites owned by the Client and is limited to marketing the property or promoting the Client's real estate business. The Client may authorize third-party websites to display the content solely for the purpose of advertising the subject listing. The authorization will expire once the property is no longer available for sale.

Media licenses are granted only to the original purchasing Client for the specific property ordered. If the listing changes agents, brokerages, owners, property managers, marketing representatives, or any other party, a new license or written authorization from One Take Real Estate Photography LLC may be required.

Builders, architects, designers, stagers, contractors, property managers, homeowners, sellers, other agents, brokerages, vendors, and other third parties may not use the Work for their own marketing, portfolio, website, social media, advertising, or commercial purposes without written permission or a separate license from One Take Real Estate Photography LLC.

MLS Compliance and Image Alteration

The Client may not materially alter the Work in a way that misrepresents the property, violates MLS rules, violates advertising rules, creates a misleading impression of the property, or damages the reputation of One Take Real Estate Photography LLC.

This includes, but is not limited to, excessive filters, unauthorized object removal, misleading edits, unrealistic enhancements, alteration of permanent property conditions, use of images for a different property, or publication of media in a context unrelated to the original property or authorized marketing purpose.

The Client is responsible for ensuring that their use of the Work complies with all applicable MLS rules, brokerage policies, advertising laws, fair housing rules, disclosure requirements, and platform guidelines.

Releases, Licenses, and Authorizations

By contracting One Take Real Estate Photography LLC to produce the Work, you warrant that you have obtained all necessary permissions, waivers, licenses, and/or authorizations (collectively "Clearances") from the property owner and any parties with intellectual property rights related to the property. You agree to indemnify and hold harmless One Take Real Estate Photography LLC against any claims, costs, or damages, including legal fees, resulting from a lack of proper Clearances.

Indemnification/Hold Harmless

You agree to indemnify and hold One Take Real Estate Photography LLC, its officers, employees, contractors, and agents harmless from any and all liability, claims, or expenses, including court costs and attorney's fees, arising from this agreement, including use of the Work or any breach of these Terms.

Limitation of Liability

To the maximum extent permitted by law, One Take Real Estate Photography LLC's liability for any claim arising out of the services, appointment, media delivery, Work, or these Terms shall not exceed the amount paid by the Client for the specific appointment giving rise to the claim.

One Take Real Estate Photography LLC shall not be liable for indirect, incidental, consequential, special, punitive, or lost-profit damages, including but not limited to lost sales, delayed listings, lost commissions, MLS issues, platform errors, or Client business losses.

Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the State of Connecticut. Any disputes arising under these Terms shall be handled in the appropriate courts located in Connecticut, unless otherwise required by law.