PAYMENT
A 50% retainer is required to reserve the date and time of the shoot, with the remaining amount due prior to image download. If your office has alternative payment terms with us, please reference those.
APPOINTMENTS
Appointments are confirmed once an order is placed and a confirmation email is received.
CANCELLATION/RESCHEDULE
You have the right to cancel or reschedule the appointment. Please provide at least 24 hours' notice via text or email, with confirmation from the photographer or company. A 20% cancellation fee may apply if less notice is given.
RESPONSIBILITIES
The appointment is for photography/videography of the property. Ensuring the appropriate behavior of all attendees during the session covered by Bobbi Rose Photography and its affiliates is the Client’s responsibility.
RELATIONSHIP TO PARTIES
The parties agree that the media provider is an independent contractor. Neither the media provider nor its employees or contract personnel shall be deemed employees of the Client. No agency, partnership, joint venture, or employer-employee relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. The media provider’s photos and deliverables shall not be deemed a work for hire as defined under copyright law. All rights granted to the Client are contractual in nature and are expressly defined by this Agreement.
EXPECTATIONS
It is expected that you, or the company you represent, have the right to photograph, video, or otherwise capture the spaces in which we provide services. If this is not the case, the media created will not be usable, and no refund will be provided for services rendered.
REGARDING DRONE/AERIALS
If drone/aerial footage cannot be completed due to the property being in a NO FLY ZONE, a refund will be issued, or a discount will be applied to the next order. If weather conditions (e.g., rain, wind) prevent drone footage, we will reschedule the shoot at a time that works for the agent/homeowner. A reshoot fee may apply if a reduced-rate drone fee was initially purchased, depending on the distance of the property from the photographer's location.
LICENSE & USAGE
If paid in full, you have rights to use the digital images and media. Usage rights are granted only to you unless otherwise stated in the sales order. You agree not to transfer, assign, or sublicense your rights to use the images, video, or media to others without written permission from the copyright holder, Bobbi Rose Photography, a division of Bobbi Rose Enterprises LLC. Your rights allow you to use the images to market your property for the listing’s duration. Once the listing ends (due to sale, cancellation, etc.), your rights to the images end. If others request rights to the media, refer them to Bobbi Rose Photography. Additional licensing fees may apply for usage beyond the original intent.
Regarding Local Area Images, these are licensed only for the specific property listing. Additional usage requires an additional fee. For perpetual use of local area images, contact us.
Copyright Act 17 U.S.C 106
Photos may contain copyright management information (CMI) at the Photographer’s discretion, in the form of 1) a copyright notice, 2) a watermark with the company logo, and/or 3) embedded metadata. Removing or altering this information is prohibited under the Digital Millennium Copyright Act (DMCA), and the Client will be liable for any violations.
FORCE MAJEURE AND SAFE ENVIRONMENT CLAUSE
The Photographer is not liable for delays or failures to perform due to uncontrollable events (e.g., natural disasters, government actions). Efforts to reschedule or refund unrendered services will be made. Additionally, if the Photographer’s personal safety or well-being is compromised (e.g., due to property conditions or attendee behavior), the Photographer reserves the right to discontinue services under this Agreement.
INDEMNIFICATION
The Client agrees to indemnify and defend the Photographer against all claims, liabilities, damages, costs, and expenses, including legal fees, arising from the creation or use of the photos or materials furnished by the Client. It is the Client’s responsibility to obtain the necessary property releases and ensure they are in full effect.
INSURANCE AND LICENSES
The Photographer is fully insured and holds a Part 107 FAA UAS drone license for drone operation. All equipment is lawfully registered. For more information, please inquire.
DELIVERY OF FINAL IMAGES/VIDEOS
Please allow up to 2 days for images and 4 days for videos to be uploaded to the online gallery and made available for download. Typically, images are delivered the next morning, and basic videos within 48 hours. Media will only be downloadable once full payment is received, unless otherwise indicated by the brokerage.
IMAGE SIZE, COLOR, AND COMPOSITION
The Photographer delivers photos at 2048px on the longest side. Each image will contain a small company watermark.
We will provide a pleasing color balance, though exact colors may vary due to limitations in digital files.
