TERMS OF SERVICE
Copyright Notice: Eclipse 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 Eclipse 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 Eclipse Real Estate Photography. However, Eclipse 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 Eclipse 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 Eclipse 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 This includes Agents or Brokerages who take over an expired, withdrawn, or canceled listing.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 Eclipse Real Estate Photography for a canceled, expired, or sold listing. Only Agents and/or Clients that obtain a non-exclusive licensing agreement with Eclipse 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 Eclipse Real Estate Photography. Please contact Eclipse 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 Eclipse 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. Eclipse 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 and staged 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. Eclipse Real Estate Photography is not responsible for staging, cleaning, de-cluttering, or landscaping. At the discretion of Eclipse Real Estate Photography, we will help with light staging, cleaning, or de-cluttering, but will not be guaranteed. The Client is responsible for the presence of an authorized representative at the shoot to approve the Photographer’s interpretation of the project. If a Client or Client’s representative is not present, the Photographer’s 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. Absent your input, the Photographer will use his/her best judgment and experience to decide how best to photograph the property.
Cancellation and Rescheduling Policy: The “No-Hassle Cancelation Policy refers to canceling more than 1-hour prior to a scheduled appointment and rescheduling for the same address. If both of these criteria are not met, you are subject to a $50 cancelation fee. Any shoot canceled within 1- hour 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 $50 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 2 hours of a set appointment.
Photo Guarantee: Eclipse 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, Eclipse Real Estate Photography will work closely with the Client to correct the issues with the media. 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 de-cluttering, re-staging, additional photos not specifically requested prior to/at the shoot, or other aspects that are not directly the fault of Eclipse 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, Eclipse 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 Eclipse Real Estate Photography may and will take legal action for any copyright infringement.
Delivery of Media and Storage: For most standard shoots, Eclipse Real Estate Photography has a 24-hour or less turnaround time, but some photo shoots of larger properties or with extensive editing/special requests, such as luxury or twilight photos may take up to 48 hours. Video services may take up to 72 hours. Eclipse Real Estate Photography will also maintain a photo backup and provide access to the final images for up to 120 days after the photos are delivered to the Client via download link. After 120 days, Eclipse 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. Matterport virtual tours will be active for 180 days or after the the property has sold, whichever comes first. If you’d like to extend the time for a listing to be active you can do so at a rate of $240 per year.
Right to Refuse: Eclipse Real Estate Photography reserves the right to refuse service at any time for any reason. At any time, Eclipse 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. Eclipse 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. Eclipse Real Estate Photography holds the exclusive right to determine whether wind and/or weather conditions provide safe flight conditions for drone operations. Eclipse 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 final invoice.
Payments: All payments made on our website will be processed using Square. Payment is expected at the time of delivery for any media to the Client unless other arrangements have been made prior to appointment. In some cases, payment may be required before appointments will be scheduled (may affect new Clients or those with a history of outstanding invoices). Failure to pay within seven (7) days of agreed upon due date will result in a 2% fee of the total that will be assessed every day until the invoice is paid in full. 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 Eclipse 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 Eclipse Real Estate Photography.
Promotions: The 50% Off First Shoot promotion is for new clients only. Promotion is for Real Estate Agents and/or Brokerages only. Airbnb, Rental Properties, and For Sale By Owner will be charged full amount. Excludes Twilight Photography, Virtual Tours, Floor Plans, Video Services, Add-On Services & Custom Domains. Applies to properties up to 4000 sqft.
***ALL TERMS OF SERVICE ARE SUBJECT TO CHANGE WITHOUT NOTICE***