Terms and Conditions

Last Updated: [Date]

Disclaimer

Welcome to [Your Company Name] (“we,” “us,” or “our”). By accessing and using our website, you agree to comply with and be bound by the following Terms of Use. If you do not agree to these terms, please do not use our website.

1. Acceptance of Terms

By using our website, you acknowledge that you have read, understood, and agree to abide by these Terms of Use, as well as our Privacy Policy, which is incorporated herein by reference. These terms may be updated or amended from time to time, so we encourage you to review them periodically.

2. Use of Our Website

You may use our website for personal and non-commercial purposes only. You agree not to use our website for any unlawful or prohibited activities.

3. Intellectual Property Rights

All content and materials on our website, including but not limited to text, graphics, logos, images, videos, and software, are protected by intellectual property laws and are the exclusive property of [Your Company Name] or its licensors. You may not reproduce, modify, distribute, or republish any of our content without our prior written consent.

4. User Accounts

Certain areas of our website may require you to create a user account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. Privacy

Your use of our website is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using our website, you consent to the practices described in our Privacy Policy.

6. Disclaimers

  • Our website and its content are provided “as is” and “as available” without any warranties, either express or implied.
  • We do not guarantee the accuracy, completeness, or reliability of any content on our website, including information about our 3D virtual tour services.
  • We are not responsible for any errors, omissions, or inaccuracies on our website.
  • You acknowledge that the use of 3D virtual tours may be subject to additional terms and conditions.

7. Limitation of Liability

In no event shall [Your Company Name], its affiliates, officers, directors, or employees be liable for any indirect, consequential, special, punitive, or incidental damages arising out of or related to your use of our website or our 3D virtual tour services.

8. Indemnification

You agree to indemnify and hold harmless [Your Company Name] and its affiliates from any claims, losses, liabilities, and expenses (including legal fees) arising out of your use of our website or any violation of these Terms of Use.

9. Termination

We reserve the right to terminate or suspend your access to our website at any time and for any reason, including a breach of these Terms of Use.

10. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles.

11. Contact Us

If you have any questions or concerns about these Terms of Use, please contact us at [Contact Information].

Scope of Work

During the term of the Contract, the Company shall perform services for Client in connection with the planning, scheduling, shooting, post-production, and/or content marketing services. The Company shall provide the following services as mentioned in the initial quote approved from the thats the client confirmed before reaching this contract page.

Services

Our photography company provides professional virtual tours, photography, videography, drone & aerial, rendering, and staging services for various niches and occasions, including weddings, events, portraits, residential & commercial content marketing, and more. We will provide our services in a professional and timely manner.

Payment

A 50% deposit is required to secure your booking. The balance is due before or on the day of the event or shoot. Payment can be made by cash, check, or credit card, ACH, or bank wire. If you cancel your booking within 12 hours of the allotted shoot day and time, your deposit will not be refunded.

Our clients retain the copyright to all content we capture and create for you. This includes commercial and personal use, as we are the provider of these services but does not own the direct rights to the content.

Model Release

You grant us permission to use the photographs taken during the shoot for our portfolio, website, and social media, as well as all forms of marketing and advertising. If you do not wish us to use the assets in this way, please inform us before the shoot.

Liability

We will take all reasonable care in carrying out our services, but we will not be liable for any loss or damage, whether direct or indirect, arising from our services. In the event that we are unable to provide our services due to illness, injury, or other unforeseen circumstances, we will make every effort to find a suitable replacement photographer.

Force Majeure

We will not be liable for any failure or delay in the performance of our services due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, strikes, natural disasters, or other events.

Dispute Resolution

Any dispute arising from these terms and conditions or our services will be resolved through mediation or arbitration in accordance with the laws of the jurisdiction in which the photography services are provided.

Governing Law

These terms and conditions are governed by the laws of the jurisdiction in which the photography services are provided. We hereby represents to have the expertise, knowledge, experience, and all the mandatory licenses, certificates, and permits needed to render the said Services. Both the Parties agree to uphold all the laws and legal requirements of the state of Pennsylvania and United States. In addition, We shall conform to moral, ethical, and relevant professional standards pertaining to the delivery of Services in the course of executing all the obligations and Services under this Contract. We warrant to render the said Services in the most efficient and timely manner. This does not guarantee an exact date of estimated production and completion as timelines are subject to change for unforeseen circumstances. Our agency shall take special care that all the roles and responsibilities undertaken as per the terms and conditions of this Contract are executed while providing the Services. The Client acknowledges that we shall not be held responsible for any hindrance that is out of the scope and responsibility of us to control or avoid.

Confidentiality

The Parties to this Contract agree that each shall treat all information as confidential provided by a Party to the other during the term of this Contract. All confidential information provided by a Party hereto shall be used by the other Party solely for the purposes of rendering services pursuant to this Contract and shall not be disclosed to any third party without the prior consent of such providing Party.

Termination

Either Party may terminate this Contract if any Party fails to perform any of its obligations under this Contract or if there is a breach of any of the warranties provided herein, and if such failure is not cured within 90 days (unless extended by the Party) after written notice to the Party at fault, the Parties shall be entitled to seek and obtain all remedies available to it in law. This Contract may be terminated by the client, with or without cause, by 90 days prior written notice to the other party. Upon expiration or termination of this Contract for any reason, each party shall promptly return to the other party all documents and other material containing confidential information.

Amendments

We may amend these terms and conditions at any time by posting the amended terms on our website. Your continued use of our services after the posting of any amended terms will constitute your acceptance of the amended terms.

Common Scope of Work Includes:

  • Virtual Tours: 360 representation of a residential or commercial property to capture the interior, exterior, and aerial of said property. The preferred softwares we use are as follows: Matterport, Cloudpano, 3D Vista.

  • Photography: This includes headshots, listing property photography, action shots for a residential or commercial property/business, event or wedding photos.

  • Videography: This includes residential or commercial property video in the form of short or long-form for a listing property introductory video, promotional/instructional video for residential or commercial use, event or wedding photography. In the case of using aerial/drone video coverage, we are FAA certified to legally provide these services.

  • 3D Rendering: 3D representation of a future construction project for residential or commercial use. The preferred software we use are as follows: Kuula.

  • Virtual Staging: The process of adding in virtual furniture/finishes/items to 2D or 360 assets that have previously been captured.

Thanks for reading, reviewing, and approving this contract. We are excited to work together and will do everything we can to make this project a success. If you have any questions or concerns, don’t hesitate to contact us directly by phone, email, or mail.

License to use our website

Unless otherwise stated, we and/or ourr= licensors own the intellectual property rights published on this website and materials used on this website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages, files, or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website in neither print nor digital media or documents (including republication on another website);
  • sell, rent, or sublicense material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy, or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website;
  • redistribute material from this website – except for content specifically and expressly made available for redistribution; or
  • republish or reproduce any part of this website through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of this website or in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website without this website’s express written consent.

This includes:

  • scraping
  • data mining
  • data extraction
  • data harvesting
  • ‘framing’ (iframes)
  • Article ‘Spinning’

You must not use this website or any part of it to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the express written consent.

Restricted access

Access to certain areas of this website is restricted. we reserve the right to restrict access to certain areas of this website, or at our discretion, this entire website. We may change or modify this policy without notice.

If we provide you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security. we may disable your user ID and password at our sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to this website a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to this website the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or this website or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to this website, or stored on the servers of this website , or hosted or published upon this website.

Our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. this website makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, this website does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate, or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter, you should consult an appropriate professional.

Limitations of liability

We will not be liable to you (whether under the law of contact, the law of torts, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special, or consequential loss; or
  • for any business losses, loss of revenue, income, profits, or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if we have been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of this website in respect of any:

  • death or personal injury caused by the negligence of this website or its agents, employees, or shareholders/owners;
  • fraud or fraudulent misrepresentation on the part of this website; or
  • matter which it would be illegal or unlawful for this website to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, this website has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect this website’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as this website .

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify this website and undertake to keep this website indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by this website to a third party in settlement of a claim or dispute on the advice of this website ’s legal advisers) incurred or suffered by this website arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to this website’s other rights under these terms and conditions, if you breach these terms and conditions in any way, this website may take such action as this website deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

this website may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

this website may transfer, sub-contract or otherwise deal with this website’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with this website’s Privacy Policy constitute the entire agreement between you and this website in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of Pennsylvania, USA, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Pennsylvania, USA.

By engaging our photography company, you agree to be bound by these terms and conditions. If you have any questions or concerns, please do not hesitate to contact us.

Thank you for reviewing our Terms and Conditions. We hope you enjoy using our website and exploring our 3D virtual tour services.