TERMS & CONDITIONS
Copyright Notice: Caliber Real Estate Photography (the Photographer) is the exclusive copyright holder of any photos, videos, or other media created.
Photo Rights and Usage of the Photography:
The original Agent/Homeowner/Brokerage (Client) who paid for the service will be provided with a non-exclusive licensing agreement that grants the licensee the right to use the images on any electronic or printed form of advertisement for the promotion of the property shot. This licensing agreement is valid only for the duration that the home/property is listed for sale and cannot be reused without specific written permission from Caliber Real Estate Photography. The Client, however, may continue to use the photos for personal marketing and branding (personal website and electronic advertisements) as a courtesy from Caliber Real Estate Photography. However, Caliber Real Estate Photography must be made aware, credited, and compensated for any printed publication not owned by the Agent prior to use (i.e. Print/Online Magazine, Commercial, Real Estate Website, etc).
Images, videos, or other media licenses are non-transferable. Any usage of any media by a third party including, but not limited to, architects, builders, stagers, designers, sellers, buyers, Agents, or Brokerages are strictly prohibited unless prior written approval is given by Caliber Real Estate Photography. The original Client does not have authorization to sell, transfer, or give away any media for any reason to any third party without prior written consent from Caliber Real Estate Photography. This includes Agents or Brokerages who take over an expired, withdrawn, or canceled listing. Any violation of this will result in compensatory damages five times the current prices listed on this site at the time of infringement. There shall be no agreements made between the original listing Agent and the new one regarding media created by Caliber Real Estate Photography for a canceled, expired, or sold listing. Only Agents and/or Clients that obtain a non-exclusive licensing agreement with Caliber Real Estate Photography are allowed to use any media created.
The Client may not make any digital alterations or edits to any media without written permission from Caliber Real Estate Photography. Please contact Caliber Real Estate Photography to make any changes to the delivered media. Any services that include editing or any requests to edit images or any other media, which may mislead or deceive consumers in any way, is the Client’s responsibility and Caliber Real Estate Photography cannot be held responsible. This includes, but is not limited to, Sky Replacements, Virtual Twilights, or Grass Greening.
“Community shots” such as a clubhouse, fitness center, golf course, community signs, etc., may be used for all future properties’ listings for the original Client. Caliber Real Estate Photography retains all rights to all media and retains the right to use these images as stock images.” If you request us to shoot property amenities, it is your responsibility to make sure they are available to do so during your scheduled appointment. There will be a return/re-shoot fee of $50 if a Photographer has to return to a property in which it is no fault of our own.
Expectations of Clients:
Clients are expected to have the property cleaned, stage, and ready for the shoot prior to the photoshoot. If the property is not ready to be photographed, the Client should make every effort to reschedule 24 hours prior to the shoot. Caliber Real Estate Photography is not responsible for staging, cleaning, decluttering, or landscaping. At the discretion of Caliber Real Estate Photography, we will help with light staging, cleaning, or de-cluttering, but will not be guaranteed. The Client is responsible for having a representative at the shoot to approve the Photographers interpretation of the project. If a Client or Client’s representative is not present, the Photographers interpretation shall be deemed acceptable. All properties will be shot as is. Your input is important when choosing the best rooms and angles to photograph. If we do not receive any input, the Photographer will use his/her best judgment and experience to decide how best to photograph the property.
Cancellation and Rescheduling Policy:
If cancellation or rescheduling is necessary, please do so with a minimum of 24-hours notice. Any shoot canceled within 24 hours of a booked appointment is subject to a $50 Cancelation Fee. By scheduling a shoot, you affirm that the property is ready or will be ready for photos to be taken at the scheduled time. You also understand that we may charge a $75 service fee if we must return to a property in which it is no fault of our own. This includes, but is not limited to, property not ready, staging incomplete, construction, and/or the agent not present, owner not home, no key in the lockbox, etc. This includes partial photo shoots where the exterior may not be ready or certain rooms are incomplete and the Photographer is required to return. When there is extreme weather, the $50 fee may be waived; however, the weather should be evaluated several days prior to the shoot and therefore the Client is still responsible for the rescheduling fee if rescheduled within 24 hours of a set appointment.
Rush Policy:
A request for a photo shoot less then 24 hours before hand will be charged a $50 rush fee.
Photo Guarantee:
Caliber Real Estate Photography will make every effort to ensure the final images, videos, and other media are of high quality and represent the property in the best way possible. Sometimes, however, a Client may feel these images do not meet those expectations. In this case, Caliber Real Estate Photography will work closely with the Client to correct the issues with the digital media assets. A reasonable amount of re-editing will be performed at no additional cost. If a return trip is requested due to issues in the media regarding decluttering, re-staging, additional photos not specifically requested prior to/at the shoot, or other aspects that are not directly the fault of Caliber Real Estate Photography, there will be a return/re-shoot fee of $50 plus $10 per additional photo requested and will be charged to the Client, unless it is the direct responsibility of the Photographer wherein there will be no charge (i.e. missing specific shot requested prior to shoot, unusable photo due to lack of quality, etc.) Should the Client still be not fully satisfied with the photos, Caliber Real Estate Photography will issue a full refund to the Client, if requested, within seven (7) days of delivery, as long as the listing is not under contract. If a full refund is issued, however, the Client will have no licensing rights to the media and will delete and discontinue the use of any of the photos taken. The Client understands that Caliber Real Estate Photography may and will take legal action for any copyright infringement.
Delivery of Photos and Storage:
For most standard shoots, Caliber Real Estate Photography has a 24-48 hour turnaround time, but some photoshoots of larger properties or with extensive editing/special requests, such as luxury or twilight photos may take up to 72 hours. Video services may take up to 72 hours. Caliber Real Estate Photography 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, Caliber Real Estate Photography cannot guarantee the photos will be available. It is highly recommended to download the photos immediately after receiving the final download link as this will ensure no future issues.
Travel Surcharge:
There is no travel fee for properties located within 50 miles of Houston, Texas. Properties outside of these areas are subject to a travel charge. Starting at $45 and going up to $65 for 100 miles. Other travel fees can be arranged for additional costs.
Right to Refuse:
Caliber Real Estate Photography reserves the right to refuse service at any time for any reason. At any time, Caliber Real Estate Photography can terminate the relationship with or fire a Client for overdue invoices, poor communication, unreasonable requests, or bad attitudes.
Aerial/Drone Services:
All drone services are regulated by the FAA (Federal Aviation Administration) and must follow all rules and regulations. All properties within 5 miles of most airports require prior clearance before any Aerial/Drone services can be done. All Aerial/Drone services are contingent upon getting the proper clearance prior to flight. Although rare, there may be a delay of up to 90 days in getting this clearance, prior to Aerial/Drone services being done. Caliber Real Estate Photography will take all necessary steps to get authorization prior to the scheduled appointment but make no guarantee that this clearance will be granted. No clearance means Aerial/Drone operations will not be conducted. Period. Wind and weather conditions also play a major factor in drone operations. Caliber Real Estate Photography holds the exclusive right to determine whether wind and/or weather conditions provide safe flight conditions for drone operations. Caliber Real Estate Photography offers no guarantee that drone operations can be provided at any given time. Rescheduling may occur. Any Aerial/Drone services that are not conducted due to issues with authorization, wind or weather will be fully refunded or removed from the final invoice.
Payments:
Payment is expected after we have completed the shoot. But before you are able to download the photos, unless other arrangements have been made prior to appointment. Failure to pay an invoice past due of 30 days or more will result in copyright infringement and will result in legal action. Any services that have been provided at the listing property must be paid for regardless of listing becoming expired, withdrawn, canceled, or under contract.
By booking any services with Caliber Real Estate Photography 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 Caliber Real Estate Photography.