These Terms of Service ("Agreement") govern the use of real estate media services ("Services") provided by Foxtrot Photography ("Company", "we", "our", or "us"). By engaging our services, you ("Client" or "you") agree to be bound by the terms and conditions set forth herein.
Ownership of Photos and Videos Foxtrot Photography retains all copyrights to the photographs, videos, and other media content (collectively, "Media") created by our photographers during the provision of Services. Upon delivery of the Media to the Client, we grant you a non-exclusive, non-transferable, and limited license to use the Media solely for marketing, advertising, and promotional purposes related to the specific property for which the Media was created. This license shall be valid for a period of 24 months from the date of delivery of the Media, after which all rights revert to the Company. Any use of the Media beyond the scope of this license, including but not limited to reproduction or distribution for purposes unrelated to the property, is prohibited without express written consent from Foxtrot Photography.
Matterport Tours Matterport 3D tours are hosted by the Company for a period of up to six (6) months, or until the property is sold, whichever occurs first. Upon expiration of the hosting period, the tour will be removed from the Company's servers. In the event the Client wishes to extend the hosting period, a renewal fee of $40 per additional six (6) months will apply. The Client may request to renew hosting at any time prior to the expiration date.
Deposits Any deposits paid for Services are non-refundable, except as expressly provided herein. A deposit may be required to secure a booking for the Services, and this deposit will be applied toward the total cost of the Services rendered. In the event of a cancellation or rescheduling as outlined below, the deposit will not be refunded.
Cancellations and Rescheduling Cancellations or rescheduling requests made less than 48 hours prior to the scheduled appointment are subject to an additional cancellation fee. The fee will be calculated at the rate of up to $160 per hour of scheduled time, including driving time for listings with travel charges applied, billed in increments of 15 minutes. This charge will be assessed in addition to the non-refundable deposit and must be paid prior to rescheduling or rebooking the Services.
Payment Terms Full payment for the Services is due upon delivery or as otherwise specified. All invoices must be fully paid within 30 days.
Limitations of Liability The Client agrees that Foxtrot Photography’s total liability for any claim arising out of or related to these Services shall not exceed the total amount paid by the Client for the specific Services giving rise to such claim. In no event shall Foxtrot Photography be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or in connection with the use of the Media or Services.
Indemnification The Client agrees to indemnify, defend, and hold harmless Foxtrot Photography and its employees, agents, and subcontractors from and against any and all claims, losses, liabilities, costs, or expenses (including reasonable attorney’s fees) arising out of or in connection with the use of the Media or any breach of this Agreement by the Client.
Force Majeure Foxtrot Photography shall not be liable for any delay or failure to perform Services under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, government regulations, or the failure of third-party service providers.
Governing Law This Agreement shall be governed by and construed in accordance with the laws of the state or jurisdiction in which Foxtrot Photography operates, without regard to its conflict of law principles. Any disputes arising from or related to this Agreement shall be subject to the exclusive jurisdiction of the courts located in [State/County].
Amendments Foxtrot Photography reserves the right to modify or amend these Terms of Service at any time, with such modifications or amendments to be effective upon posting on our website or otherwise notifying the Client. By continuing to use our Services after such modifications or amendments, the Client agrees to be bound by the revised Terms.
Miscellaneous Entire Agreement: This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, relating to such subject matter. Severability: If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be modified to reflect the intention of the parties as closely as possible, and the remainder of this Agreement shall remain in full force and effect. Assignment: The Client may not assign or transfer any rights or obligations under this Agreement without the prior written consent of Foxtrot Photography. By using the Services of Foxtrot Photography, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.