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.
For AirBNB's/VRBO's/short term rentals, you will be billed 2.5 times our normal rate for rights in perpetuity to market the property for those purposes. This is not negotiable after the session has commenced.
APPOINTMENTS
Appointments are confirmed once an order is placed and a confirmation email is received. The photographer expects the property to be ready to be photographed upon arrival. If the property is vacant and no agent or representative is present, we reserve the right to charge an additional fee of $10 per 1000 sq ft to turn all property lights on and draw blinds. If the property is not ready to be photographed at the time of our appointment, a 20% cancellation fee may be applied as well as the travel fee reapplied to return to the property. If there is a delay in our photographing the property, we reserve the right to charge $50 per 15 minute delay, this cannot be prorated.
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 Chicago Real Estate Media and its affiliates is the Client’s responsibility. We expect that you will provide the homeowner with the home preparation checklist (ours is provided upon appointment confirmation) as this helps homeowner, agent and photographer complete the photography as efficiently as possible.
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.
OUR 100% SATISFACTION GUARANTEE
We are committed to providing high-quality media and will make every reasonable effort to ensure you are satisfied with the final images and/or video. After the media is delivered to your online gallery, please review it promptly. If you have any specific concerns or require reasonable edits, please notify us within 48 hours. Reasonable edits include minor adjustments to brightness, contrast, or color correction on specific images. This does not include advanced retouching, object removal, or changes that deviate from our signature editing style, which may be subject to additional fees.
Downloading any media from the online gallery, by you or anyone acting on your behalf, will be deemed as your final and complete acceptance of the delivered work. Once any image or video file has been downloaded, the sale is considered final, and any opportunity for a refund becomes null and void.
REGARDING PHOTO CAPTURE
The Client acknowledges that the Photographer will use their professional expertise and creative discretion to determine the composition, angle, and shot selection for all images, including Local Area Images. While the Client's input and home preparation are valued, the final creative decisions remain with the Photographer to ensure the best results based on property conditions, lighting, and our signature style.
The Photographer delivers photos at 2048px on the longest side, with an optional 1920px download size for MRED requirements. All Local Area Images will contain a strong watermark to show copyright ownership and prevent unauthorized use, which complies with MLS regulations.
We will provide a pleasing color balance, though exact colors may vary due to limitations in digital files and screen calibrations.
The Photographer will not digitally alter images in a way that misrepresents the property. This includes, but is not limited to, removing permanent fixtures, altering views, or concealing significant property damage. Advanced editing requests for object removal (e.g., extension cords, small blemishes) are subject to an additional fee and are performed at the Photographer's discretion.
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.
REGARDING VIDEO CAPTURE
Video services are a creative product. The final video's style, music, and shot selection are at the discretion of the Videographer.
Creative Discretion: The Client acknowledges that the Videographer will use their professional expertise and creative discretion to determine the composition, shot selection, and overall flow of the video.
Music: All music for videos will be selected by the Videographer from our licensed music library to ensure full compliance with copyright law. Specific song requests from the Client cannot be accommodated unless the Client provides written proof of a full synchronization license for the requested track.
Revisions: Each video package includes one (1) round of minor revisions (requests must be made within 3 calendar days of delivery). Minor revisions are defined as swapping a clip for an alternate take (if available) or correcting a spelling/text error. Requests for major revisions, such as a change in music, significant re-ordering of clips, or other creative changes that deviate from our signature style, will be subject to an additional editing fee.
Property Readiness: The property must be prepared and "video-ready" upon the Videographer's arrival. Please ensure the space is free of people, pets, and vehicles (in driveways) to the greatest extent possible to ensure a clean and professional final product.
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, Roberta Dienhart, owner of Chicago Real Estate Media, 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 Chicago Real Estate Media. Additional licensing fees may apply for usage beyond the original intent.
Additionally, Chicago Real Estate Media, a division of Bobbi Rose Enterprises LLC. and our child companies, has permission to publish videos captured for your properties on our social channels or for promotional materials.
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.
Liquidated Damages -- To the extent permitted by applicable law, in the event of a material breach of these Terms that results in measurable harm to Roberta Dienhart, owner of Chicago Real Estate Media, a division of Bobbi Rose Enterprises LLC, including but not limited to unauthorized use, reproduction, or distribution of proprietary materials, the breaching party agrees that Roberta Dienhart, owner of Chicago Real Estate Media, a division of Bobbi Rose Enterprises LLC shall be entitled to recover liquidated damages in the amount of $1,000 per breach. The parties acknowledge and agree that this amount is a reasonable estimate of anticipated or actual damages that would arise from such a breach and is not intended as a penalty.
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, the Photographer reserves the right to discontinue services if their personal safety or well-being is compromised.
This includes, but is not limited to, the following conditions:
- Unsafe or hazardous conditions on the property.
- The presence of any illegal activity.
- Harassment or inappropriate behavior by any attendee.
For the safety of all parties and the protection of our equipment, all children must be supervised, and all pets must be secured or contained for the duration of the appointment. The Client and/or Homeowner agrees to be held solely and completely liable for any personal injury to the Photographer or damage to our equipment caused by any person, child, or animal present at the property.
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.
