1) Background: This Agreement is between the Photography Service Provider (3D My View) and the Business whose premises are being photographed for the purpose of selling the property (or the Business who has attained written permission to market the property for this purpose).
2) Service Fee Payment: Service Provider, 3D My View, and Business will agree on an amount for the Photos and related services (a Service Fee), and the Business will pay the one time Service Fee at the time of signing this agreement, or no more than 3 business days after the service provider delivers the photographs or other marketing materials ordered by the Business. This is a one time Photography Service Fee. You will not receive any recurring charges for the services provided by 3D My View. Should you want additional services offered by 3D My View after your photography services have published then and only then will you be billed for additional services.
3) Services and Ownership of Photographs: In exchange for the Service Fee: Service Provider will provide marketing materials of the premises as ordered. Service Provider will use commercially reasonable efforts to ensure that the Photographs meet the MLS technical specifications; Service Provider hereby keeps all ownership rights to the marketing materials produced (including intellectual property rights). You hereby grant 3D My View and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute the marketing materials delivered, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in the marketing materials delivered. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in the marketing materials delivered. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by applicable law. You further agree that we may use the marketing materials delivered in any manner that we deem appropriate or necessary.
4) Limited License to Business: Service Provider grants Business a nonexclusive license to reasonably use the marketing materials provided under this Agreement for the purposes of marketing the property.
5) Time and Date of Services: Upon signatures, Services Provider will reserve the time and date agreed upon to provide the photographic services. All Service Fees are non-refundable except as described in Section 6 below, or unless Service Provider agrees in its sole discretion to permit a rescheduling of the services. A $75 rescheduling fee will be applied if the photographer travels to the property and cannot provide services.
6) Refunds: Service Provider will refund all pre-paid Service Fees to the Business (but will have no further liability with respect to the Agreement) if efforts to shoot, re-shoot or fix issues cannot be met. 3D My View provides a checklist for homeowners to get their houses ready for photos. 3D My View is not responsible for clutter or unmovable objects unwanted in photos. Refunds will NOT be issued if home is not ready per the checklist guidelines.
7) Confidentiality: This Agreement is confidential information. Business will not disclose or make this Agreement available to any third party except (a) as specifically authorized by Service Provider in writing; or (c) when compelled to do so by law if Business provides reasonable prior notice to the Service Provider. 3D My View and affiliates are not responsible for damage to property before, during or after a photo shoot.
8) No Warranties: IN CONNECTION WITH THIS AGREEMENT, SERVICE PROVIDER MAKES NO REPRESENTATIONS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PHOTOGRAPHIC SERVICES OR THE PHOTOGRAPHS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitations on Liability: EXCEPT FOR BREACHES OF CONFIDENTIALITY, (I) NEITHER PARTY WILL BE LIABLE (UNDER ANY THEORY OR CIRCUMSTANCE) FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, AND (II) NEITHER PARTY ASSUMES AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT OF THE SERVICE FEE. CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
10) Modifications: Any modification of this Agreement must be (a) pre-approved by 3D My View in writing, and (b) reflected in a written agreement that is signed by both Service Provider and the Business.
11) Entire Agreement: This Agreement incorporates the entire understanding of the parties relating to its subjects and supersedes any prior or contemporaneous agreements on that subject.