Terms and Conditions
Copyright Notice:
Estate360, LLC is the exclusive copyright holder of the image. Full image rights are not sold or granted, clients only receive licenses. Licensing may be obtained for various applications of images with the permission of Estate360, LLC
Photo Rights and Usage for Real Estate Photography:
The original agent/client who paid for the service has permission to use the images on any electronic or printed form of advertisement for the promotion of that property. The licensing agreement is valid only for the duration the home/property is listed for sale/rent and cannot be reused without specific written permission from Estate360, LLC. Estate360, LLC must be made aware, credited, and compensated for any printed or digital publication/use where photos are not being used for the direct marketing of the sale of the property.
Agents/clients may not sell, transfer, or gift any images for any reason to any third party, especially to another agent who takes over an expired, withdrawn, or canceled listing. These third parties also include sellers, builders, stagers, and any other contractors associated with the property or agent. Image licenses are non-transferable.
Estate360, LLC reserves the right to re-license the photos.
Failure to pay for the images will result in a copyright infringement/violation. You will be asked to remove the image from any electronic or printed form of advertisement within 24 hours. Failure to stop using them will result in legal action.
Once photos have been delivered, the agent and/or homeowner may not make any digital alterations, editing, or “photoshopping” to the photos unless to crop the images. If there is an issue or concern with editing or photos please contact Estate360, but do not make alterations as this is a violation of copyright.
“Community shots” such as golf courses, clubhouse, fitness centers, subdivision signs, etc., may be licensed in conjunction with property photos in order to market the listing. Estate360, LLC retains all rights to every photo and therefore these shots are stock images. Agents/Clients who choose to pay for Professional Listing Packages may request these photos at no additional charge. These photos may only be used in conjunction with the designated property. Using the photos in other marketing or in conjunction with other properties, is prohibited unless additional licensing is purchased.
Accuracy of Floor Plans and Property Measurements:
Estate360, LLC does not guarantee the accuracy of floor plans, measurements or square footage listed on the Website. The measurements and square footage are not exact and may not be accurate. Estate360 expressly disclaims any liability for reliance on the measurements on the Website by any real estate professional, buyer, seller, or any other third party using the services.
Expectations of Agent/Owner:
Agents and homeowners are expected to have the property cleaned and staged prior to the photo shoot. If the property is not ready to be photographed you should make every effort to reschedule 24 hours prior to the shoot. Estate360, LLC is not responsible for staging, cleaning, decluttering, or landscaping. We are not a staging service, cleaning service, or a landscaper…we are a photography service. There will be a “staging/convenience fee” added if any of these are requested by the agent and there is by no means an obligation by the photographer to do these actions. View the Preparation Checklist Here.
Cancellation and Rescheduling Policy:
By scheduling service you affirm that the property is ready for photos to be taken. You also understand that we charge a $50 service fee when we must return to a property in which it is not our fault. This includes, but is not limited to: property not ready, staging incomplete, construction, agent/owner not home, no key in lockbox, etc. This does include partial photo shoots where the exterior may not be ready or certain rooms are incomplete and the photographer is required to return. We also understand things come up or may change but if a property is rescheduled or cancelled within 24 hours of the scheduled shoot time, there will be a $50 fee. Any cancellation within 2 hours of the shoot or once the photographer has arrived will be subject to 100% of the package amount.
Weather Policy:
We photograph in all weather except for rain. If rain is present the client will be given the option to reschedule at no additional charge. However, the weather should be evaluated several days prior to the shoot to prevent any rescheduling. The weather policy does not cover rescheduling or cancelling under 24 hours due to cloudy weather or lack of sun (rain must be present in order for the fee to be waived).
Rush Policy:
A minimum of 72 hours notice is recommended when scheduling for a property shoot. A request for photos to be completed and delivered in under 12 hours from time of shoot is subject to a $75 rush fee.
Photo Guarantee:
Estate360, LLC will make every effort to ensure the final images are of high quality and represent the property in the best way. Sometimes however, an agent/homeowner may feel these images do not meet those expectations. In this case, Estate360, LLC will work closely with the agent/homeowner to correct the issue and photos. A reasonable amount of re-editing will be performed at no additional cost. If a return trip is requested due to issues in the photos regarding decluttering, additional photos not specifically requested prior to shoot, or other aspects that are not directly the responsibility of Estate360, LLC, there will be a charge. A full price reshoot fee will be charged to the agent/client according to the requested work, unless it is the direct responsibility of the photographer where then there will not be a charge (ie. missing specific shot requested prior to shoot). Everyone has a different idea of their “best photo” but prior to hiring Estate360, LLC, please carefully review the portfolio as there will be no refunds issued to clients who are not happy with the “style” of photography. “Style” refers to image angles, color, and any other visual aspect of the photo.
Delivery of Photos and Storage:
For most standard real estate shoots, Estate360, LLC guarantees a 24 hour or less turnaround time. Some photo shoots of larger properties or with extensive editing/special requests, such as luxury, twilight, and aerial videography may take up to 48 hours. Estate360, LLC will also maintain a photo backup and provide access to the final images for up to 60 days after the photos are delivered to the client via download link. After 60 days, Estate360, LLC cannot guarantee the photos will be available, however if they are, there will be a $25 retrieval fee if the client requests another copy. It is highly recommended to download the photos immediately after receiving the final download link as this will ensure no future issues or retrieval fees.
Travel Surcharge:
Properties outside of Horry County are subject to a minimum travel fee of $50 depending on distance. A larger travel surcharge will be assessed for properties significantly out of range. Properties in rural or remote areas may be subject to additional travel fees depending on the extent of the distance from a major paved roadway.
Right to Refuse:
Estate360, LLC reserves the right in its sole discretion to refuse service at any time for any reason. At any time,Estate360, LLC can terminate the relationship with or fire a client for overdue invoices, poor communication, or unreasonable requests.
Payment:
Payment is expected within 7 days of delivery of the “proof” images to client, or the stated due date on the invoice. Failure to pay an invoice past due of 30 days or more will result in legal action. Timely payment is expected as Estate360, LLC does not require payment prior to a shoot as most of the industry does.
By visiting or using any website owned by Estate360, LLC, or by hiring to provide photographic services, you are agreeing to be bound by these terms and conditions. You are also acknowledging that such agreement constitutes a binding contract between you and Estate360, LLC.
If you do not wish to be bound by these terms and conditions, please do not visit or use Estate360, LLC Website, Estate360.us, or the photographic services of Estate360.us.
Estate360, LLC retains the right to change the above terms at any time without notice.