Tems and conditions

TERMS AND CONDITIONS

Adirondack Real Estate Photography (ADKREP)

1. Services

Adirondack Real Estate Photography (hereby known as ADKREP) provides professional real estate photography, video, aerial (drone), and related media services for marketing purposes. Services are rendered as agreed upon at the time of booking.

2. Booking, Scheduling & Acceptance

All services must be scheduled in advance. Booking a session or using ADKREP services constitutes full acceptance of these Terms and Conditions. The client is responsible for ensuring timely access to the property. Delays caused by the client, occupants, weather, or access issues may result in rescheduling or additional fees.

3. Pricing & Payment

Pricing is provided prior to the session based on selected services. Payment is due according to invoice terms, typically upon delivery unless otherwise agreed in writing. Late payments may result in delayed delivery and/or additional fees. Prices are subject to change without notice.

4. Cancellations, Rescheduling & Refunds

Cancellations: Requests must be made at least 24 hours before the scheduled session. Late cancellations or no-shows may be subject to a cancellation fee. No refunds are given if the client fails to attend the activity at the scheduled time.
Weather/Equipment Failure: In the event of camera failure, inclement weather, or unforeseen incidents preventing ADKREP from shooting, the client will receive a full refund of their deposit (if applicable) or may reschedule.
Strict No-Refund Policy: Due to the nature of digital media, ADKREP maintains a strict No Refunds policy once media has been delivered. Once a transaction is complete (paid and sent), it is non-refundable. Refunds will not be issued for "not liking a photo."
Correction Grace Period: If an incorrect photo was purchased, the buyer must notify ADKREP before receiving the "incorrect" file to be eligible for a correction.

5. Property Preparation & Hosting

The client is responsible for preparing the property prior to the session. ADKREP does not provide cleaning, staging, or furniture moving. ADKREP will photograph the property in the condition that it is in at the time of the scheduled session. The Photographer is not obligated to physically move or stage any objects in or around the home at the time of the shoot. If a photographer chooses to do this it is at their discretion.

Staging: Minor digital enhancements may be applied; extensive retouching or virtual staging is not included unless specified.

Matterport/3D Tours: These include 6 months of free hosting. Hosting expires after 6 months or upon the successful closing/sale of the subject property, whichever occurs first.

6. Copyright, Ownership & Standard License

Ownership: ADKREP exclusively owns and retains all worldwide rights, including copyright, to all photographs, videos, 3D models, and images in any form. No ownership rights are transferred to the client.
Standard License: Upon full payment, the client is granted a limited, non-exclusive, non-transferable license to use the media solely for marketing the specific property photographed (e.g., MLS, social media, printed flyers).
Termination of License: This license terminates once the client’s involvement in the sale or lease of the subject property ends.
Third-Party Use: Media may not be sold, licensed, or provided to third parties (builders, stagers, subsequent agents). Third parties must contact ADKREP to purchase a separate license.

7. Commercial Licensing Upgrade

A Commercial License is required for branding, developer marketing, print magazines, or use by third parties. Use of media outside the standard license without an upgrade constitutes copyright infringement.

8. Creative Discretion & Alterations

ADKREP retains creative control over composition, lighting, and editing style. Specific requests must be made prior to the shoot. Clients may not apply filters or edits that misrepresent the work, though cropping for MLS layouts is permitted.

9. Turnaround Time

Standard delivery is the next business day for photos, floorplans, and virtual tours. Video services may take up to 72 business hours. Timelines are estimates and not guaranteed during peak seasons. For sessions scheduled after 5pm the turnaround period for edits will start the following business day.

10. Recorded Content Release (Consent to Use)

The client ("Releasing Party") grants ADKREP an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable right to:

Photograph, video, and record the Releasing Party.
Use the Releasing Party’s image, likeness, voice, and name in any media (including 3D models and marketing materials) for any purpose, including ADKREP’s internal and promotional use.
Modify, crop, or combine this content with other media.
No Compensation: The Releasing Party acknowledges they have no right to review the content or receive compensation/accounting for its use.

11. Aerial & Drone Services

Compliance: Operations are conducted by FAA Part 107 certified pilots.
Restrictions: Flights may be restricted by airspace (airports/TFRs), local ordinances, or safety. ADKREP may substitute ground-based services if drone flight is prohibited.
Safety: ADKREP reserves the right to cancel drone flights due to unsafe weather.

12. Liability & Indemnification

Liability: ADKREP is not liable for property damage, personal injury, or loss caused by property conditions, pets, or third parties. Liability is limited to the amount paid for services.
Indemnification: The client agrees to indemnify and hold harmless ADKREP (located at 857 Luzerne Rd. Queensbury, NY) from all claims, including libel, privacy violations, or copyright infringement arising from the use of the media or property conditions.

13. Force Majeure & Miscellaneous

ADKREP is not responsible for failure to perform due to events beyond its control (weather, illness, equipment failure). The Releasing Party warrants they are at least 18 years of age and have the legal capacity to provide these releases.

14. Governing Law

These Terms and Conditions are governed by the laws of the State of New York.

15. Acceptance

By booking or using ADKREP services, the client acknowledges they have read, understood, and agree to these Terms and Conditions.