Service Agreement - TwistTours

PHOTOGRAPHY for realtors, builders, architects, designers and stagers

  866-648-0022

info@twisttours.com   |   twisttours.com

TWIST TOURS SERVICE AGREEMENT/USE OF PHOTOS

USE OF PHOTOS:

The Client expressly agrees to the terms and conditions of this License and Service Agreement as an inducement and consideration for Twist Tours agreement to photograph, visually record, or otherwise create graphics or other images of the items and/or properties requested by Client (referred to as “Services” and/or “Images”) in exchange for a fee. These terms are subject to change without notice. The parties hereby agree, for good and valuable consideration received, as follows:

License Agreement:

Client agrees to pay Twist Tours in consideration of the services rendered and the license granted below pursuant to this License Agreement.

Grant of License Terms:

Twist Tours hereby grants to Client a royalty-free license to reproduce, distribute, display, prepare works of, and publicly present the Images. This license grant shall automatically terminate when the primary purpose and use of the Images has expired. For example, the license agreement for Images taken for the real estate industry, shall automatically terminate when the listing is sold, Client is no longer the listing agent, or the license is withdrawn by Twist Tours, whichever occurs first, with the exception of the use of Images in “just sold” advertisements, listing presentations, and personal marketing materials of Client.

This license grant shall include the right to sue for copyright infringement, including without limitation past infringement.

Client acknowledges it may not sell, distribute, or otherwise exchange the Images provided by and through this Agreement in exchange for consideration.

Other Agreements:

Twist Tours and Client understand and agree that Twist Tours is an independent contractor of Client and nothing in this Agreement shall be construed to create a partnership, or joint venture, between Twist Tours and Client.

Twist Tours hereby represents and warrants that it owns all right, title, and interest in and to the Images, no third party has any rights in, to, or arising out of the Images, and Twist Tours has full right and power to enter into this Agreement and grant the license. Client acknowledges that Twist Tours retains all rights, title and ownership to all Images.

Client agrees that only Client has the rights to use the Images and that those rights cannot be transferred to any third party without the express written permission from Twist Tours, including but not limited to a builder, designer, remodeler, or stager of the property photographed, nor can Client sell or resell the images to any third party.

Client agrees that if a third party is interested in obtaining usage rights to the Images, it will direct that third party to Twist Tours at office@twisttours.com.

The validity, construction, and enforceability of this Agreement shall be governed in all respects by the laws of the State of Texas. The terms and conditions set forth herein constitute the entire agreement between the parties and shall supersede all prior agreements. This Agreement may not be amended except in writing signed by the respective parties. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.

Client agrees that any claims, losses, expenses, injuries, or damages arising out of or any way related to this Agreement shall not exceed the total compensation paid to and received by Twist Tours from the Client for its services related to the Images under this Agreement.

CANCELLATION / RESCHEDULE POLICY

We only want our clients to think warm and fuzzy thoughts about us and fee policies like this don't really do that - but we do have to pay our photographers when we reserve their time.

When you schedule services with us, you are reserving a valuable time slot that will not be available to others.

When you cancel or reschedule your photo shoot, we have to pay our photographers for that reserved time if it falls within the cancellation window outlined below. While everyone understands the purpose of cancellation fees, and agrees to the terms of service, nobody likes paying them. So we do our very best to keep you apprised about your upcoming appointment with a courtesy email a couple of days out - please use that reminder window to check in with your client.

As soon as you become aware that the property is not ready as scheduled, call the Twist Tour’s office at 512-687-3461 and/or email the ATX office at: office@twisttours.com or the San Antonio at: saoffice@twisttours.com so we can notify the photographer and either remove it from the schedule or set up a new appointment time.

Cancellation Fees:

Tuesday through Friday Appointments: If you cancel or reschedule the appointment after 4pm the day before the photo shoot, then you agree to pay a reschedule fee of $50 for photography appointments and $75 for photography + matterport scan appointments scheduled on the same day. If we can replace the photo shoot, then the fee is waived. This does not apply to twilight photo shoots.

Monday Appointments: As a courtesy, we will issue appointment times the Friday prior to your Monday photo shoot. If you cancel or reschedule your Monday appointment after 4pm on the Friday prior, then you agree to pay a reschedule fee of $50 for photography appointments and $75 for photography + matterport scan appointments scheduled on the same day. If we can replace the photo shoot, then the fee is waived. This does not apply to twilight photo shoots.

Unable to Shoot Fee: In the event that the photographer arrives to the property and cannot access it or it is not ready to photograph, then you agree to pay a fee of $75 for day photography appointments or $100 for photography + matter port scan appointments scheduled on the same day and $100 for twilight photo shoots plus any applicable trip charges.

WEATHER POLICY

We are prepared to shoot rain or shine! Often times, sellers spend a good amount of time getting their house ready, so at the very least we can do the interiors. If it is not raining hard, we can often get a front and rear shots as well. If you require us to go back for exteriors, there is a $75 exteriors only option on our order form.

If the weather threatens to prevent photography, it is the client's decision to continue or to reschedule.

PAYMENT POLICY

Twist Tours operates on a fee for service basis, all monies owed are payable upon the completion of the job, regardless of the sale of the home or other conditions. We accept Visa, Master Card, Discover and American Express. Scheduling requests will not be confirmed without a valid credit card on file with Twist Tours.

Photographers are not responsible for taking payment information in the field. If you wish to provide/modify your account information, please call the Twist Tours office directly at 512-687-3461

DOMAINS

Domains are available for use for 12 months from the date purchased. If you require a domain to be extended past 12 months, it is an additional $25 per year to renew.  It is the client's responsibility to let us know if we should extend the domain registration past the current 12 month use.  Once a domain expires it can go into escrow and the registrar determines the renewal rate.

TRIP CHARGES

From city center, 78701 to the destination property, trips 35-40 minutes away have a $10 trip charge. Trips 41-60 minutes away are calculated at $1 per minute over 30 minutes - i.e.. 52 minutes away would be a $22 trip charge. All trips over an hour away require a special trip fee quote if we are able to travel to the destination property.

Aerial Work | Austin Birds iVideo: Trip Charges for Aerial Photography/Video are calculated by Austin Birds iVideo and are billed separately


OTHER COMMITMENTS

It is the client's responsibility to ensure that the property is ready for photography at the arranged time. Photographers reserve the right to terminate the photo shoot if the property is not ready and will cause them to be delayed to their next job. A cancellation after arrival fee is applicable in this situation.

Twist Tours doesn't handle any cleaning, dusting, or moving of furniture - liability reasons!

Twist Tours will, at the photographer's discretion, adjust window coverings or turn on or off lights as deemed necessary to better capture the scene(s) and move small items that may be distracting in the photo. The property must be clean and presentable at the scheduled time of the photo shoot.

The homeowner shall ensure that there are no hazards to the photographer's safety.

Pets are to be contained or removed from the property for the photography session. Often a friendly dog will be aggressive when someone enters their domain that they don’t know. The photographer reserves the right to terminate the shoot if they feel threatened in any way. The photographer will do everything to ensure pets stay inside, but are not responsible for pets that escape the property during the photography session.

Homeowners should ensure children are supervised and out of the camera’s view

Photographers will do their best that all significant aspects of the property shall be included in the tour unless the condition of said aspect has a negative impact on the tour. This shall be left solely up to the photographer's discretion, unless specific aspect(s) of the property are specifically requested by the agent or the homeowner.

Once the home has been photographed, the service may not be canceled. The agent will be charged the full price of the package ordered. In addition, the Photographer will not retouch images in order to disguise any known defects and/or physical structures such as cracks in walls or driveways, powerlines, water towers, etc.

All product will be processed and sent to the client by 6pm the following day after the photo shoot unless otherwise arranged.

COPYRIGHT NOTICE

Twist Tours LLC keeps the copyright protection of all web pages and digital images. Twist Tours LLC reserves the right to use all images for promotion of Twist Tours LLC but not a third party. The original REALTOR® who paid for this service, has permission to use these images on any electronic or printed form of advertisement for the promotion of that property. Images cannot be altered after they are in your possession.

Images cannot be sold or given away by one REALTOR® to another REALTOR® who takes over an expired or withdrawn listing. Failure to pay for the images will result in a copyright infringement/violation. You will be asked to remove the image from any electronic or printed form of advertisement. Failure to stop using them will result in legal action.

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