Terms of service.

Upon appointment scheduling confirmation, Client agrees in full to the Pharr Out Media Terms of Service. Client assures property owner approval by providing photographer’s authorization to access property both interior and exterior buildings and structures for photography and/or video marketing purposes.

Service Area: Pharr Out Media services Lakeland with coverage across most of Central Florida. Pharr Out Media reserves the right to add travel charges for locations outside of this services area. If unsure, please contact Pharr Out Media.

Real Estate Property Preparation: It is the Realtor and/or homeowner’s responsibility to prepare the home for photo-ready condition prior to photographer arrival. Please refer to the Property Shoot Checklist for recommendations. The property will be photographed “as-is”. The Photographer is not responsible for cleaning, changing light bulbs, moving furniture, etc., although there could be some slight adjustments to improve photo composition.

Real Estate Cancellation Policy: If Client cancellation and/or rescheduling of appointment within 24 hours of the scheduled time for any reason will cause a $25 fee. All cancellations after the close of business (5pm Monday through Friday) for appointments scheduled the following day are considered within the 24 hours cancellation policy and subject to a $25 fee. If Photographer arrives at the property and the property is inaccessible or not ready for Photo shoot, Client will cause a $50 cancellation fee. We make exceptions for weather. Pharr Out Media will shoot in most situations rain or shine. An agent can reschedule due to weather and not be subject to a cancellation/rescheduling fee.

Weather: We will contact you by phone or e-mail in advance if we think the appointment should be changed or canceled due to weather. Cloudy days are often ideal for filming as the light is more even. We can work around occasional “spotty” showers and edit in blue skies in post production if needed, however we cannot edit our standing water. Cloudy conditions will not hinder the quality of our photography.

Fees: All fees and expenses payable are required before photos are available for download and/or no later than ten (15) business days from the Photo shoot date and payable irrespective of whether Client makes actual use of the Photos. If full payment has not been received within thirty (30) days all rights are revoked at Photographer’s discretion. In the event rights are revoked, all images in the possession of Client will be removed from all forms of media and permanently destroyed within ten (10) days. Client shall provide Photographer with written statement that all images have been removed and destroyed. If payment is not received within 90 days of the date invoiced, the client is subject to a late fee of 25% of the invoice total. If the invoice remains unpaid to Pharr Out Media, the client will be administered to third party collections services.

Creation: The manner and method of creating any Photographs is solely at the discretion of Pharr Out Media and the Client has no right to control Photographer’s manner and method of performance. Pharr Out Media will use their best efforts to: (a) ensure that the Photos conform to Client’s specifications; and (b) submit all Photos to Client in publishable quality, on or before the applicable deadlines.

Delivery: Pharr Out Media may select delivery of photographs in JPEG, TIFF, PNG, or other standard format, at a resolution that Photographer determines will be suitable for the Photos as licensed. It is the Client’s responsibility to verify that the Photos are suitable for reproduction and that if the Photos are not deemed suitable, to notify the Photographer with five (5) business days. Pharr Out Media’s sole obligation will be to replace the Photos at a suitable resolution, but in no event will Pharr Out Media be liable for poor reproduction quality, delays, or consequential damages. Pharr Out Media has no obligation to keep or archive any Photos delivered to Client past 90 days from delivery date.

Rights: All Photos and rights relating to them, including copyright and ownership rights in the media in which the Photos are stored, remain the exclusive property of Pharr Out Media. This license provides the Client with the limited right to reproduce, publicly display, and distribute the Photos only for promotional or advertising purposes directly related to the sale of the Property or commercial purposes. Photos used for any purpose not directly related to the sale of the Property or commercial purposes must be with the express permission of Pharr Out Media and the payment of additional fees, unless otherwise agreed to in writing.

Pharr Out Media retains full copyright and intellectual property rights to all images delivered to Client and reserves the right to use any produced media for advertising, display, publication, portfolio, or other purposes.

Real estate photos may be uploaded to any MLS listing service solely for promotion of the Property. However, regardless of any terms and conditions of the MLS, at no time does this Agreement provide Client with the right to transfer copyright, or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106. Photos may contain copyright management information (CMI) at the discretion of Pharr Out Media in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes a violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to Pharr Out Media for any penalties and awards available under the statute.

Unless otherwise specifically provided elsewhere in this document or other signed agreement between the parties, any grant of rights is limited to a term of either one (1) year from the date of this Agreement, or (2) at the termination of Client’s representation of the Property, whichever occurs first. Further use of images beyond one (1) year requires Photographer’s permission and additional fees. Rights are assigned to the Client immediately upon delivery and payment of the Photos.

Relationship of the Parties: Pharr Out Media, nor Pharr Out Media’s employees or contract personnel are, or shall be deemed to be, employees of Client. No agency, partnership, joint venture, or employee-employer relationship is intended. Pharr Out Media and the Photos or any other deliverables prepared by Pharr Out Media shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are expressly defined by this document.

Transfer and Assignment: Client may not assign or transfer any rights granted in this document.

Indemnification: Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Photos or materials furnished by Client. It is the Client’s responsibility to obtain the necessary model or property releases are ensure they are full effect and in force.

Severability: If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

Waiver: No action of either party, other than express written waiver, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such rights or remedies will not prevent further exercise of other rights or remedy.