An overview of some critical items in our service agreement.

SERVICE TERMS AND CONDITIONS:

An overview of some critical items in our service agreement.

1. OWNERSHIP OF PRODUCED MEDIA
AND LICENSING:

TheHomeBird owns all copyrights to the media we capture and create.

 
It is customary for photographers\videographers to retain the copyright for images\video taken. We do reserve that copyright, but you are free to use the photos and\or videos for all MLS marketing needs.

The copyright of ANY media produced by us is not transferred to any other party unless a specific written agreement is made.


3rd party licensing may be obtained for various applications of images\videos (advertisement\news\editorial) (for example an architectural magazine (ex. dezeen.com ), third party website (ex. Inman.com ) tv broadcast ex. spectrumnews1.com ). Please contact us directly for more details.


TheHomeBird is CRMLS approved and certified and listed for photography\video services (this includes aerial and 3D). Here are some of the benefits for the listing agents

  • Limits confusion about copyright and licensing matters.

  • Ensures photographer’s professionalism.

  • Know that your listing’s photos are protected in CRMLS.

 Please follow the rules and regulations according to the CRMLS guidelines.


Go to https://www.thehomebird.com/photography and https://kb.crmls.org/knowledgebase/using-professional-photographs-in-the-mls-a-guide/ for more details.

2. LICENSE AND LICENSE TRANSFER.

The original agent who paid for the service has the (license) permission to use paid-for images on any of their listing’s electronic or printed forms of advertisement of the promotion of that property and to promote their business as an agent (agent website social media, magazine ad).  The licensing agreement is valid indefinitely for the agent who purchased photography\videography services with the TheHomeBird.

 
If an agent is transferring TheHomeBird's created content, we require to be notified of the transfer. Images cannot be sold to another agent who takes over an expired or withdrawn listing. Legal actions will be taken when we discover another agent is using created content.


3. ONLINE USAGE OF THE MEDIA:


TheHomeBird allows photos and videos to be shared on a client and client’s current Real Estate brokerage social media accounts we appreciate if a photo credit/attribution (tag) is given.

TheHomeBird allows photos and videos to be shared on any MLS IDX feed enabled website.

TheHomeBird allows photos to be shared on non MLS-IDX feed enabled websites as long as the following conditions are met:

  • Original agent purchasing the photography\video service is requesting for the photos to be used with the intent to sell the property featured on the photos or to promote themselves as a real estate agent and their real estate business.

  •  License for the display of the content online on non-IDX feed enabled websites last indefinitely for the invoiced client.

  •  Again, we appreciate if the photo credit is used but it is not necessary.

4. 3RD PARTY LICENSING,NEWS \ EDITORIAL AND PHOTO CREDIT.


Builders, stagers, designers and others who wish to use images taken by our photographer should contact us for specific licensing information. And to obtain a proper license. In addition to fees paid to TheHomeBird, a property photography\video release will need to be obtained from the business or the homeowner.

 Please send these type of request our way and we will accommodate the interested party, and provide proper licensing.

Editorial\news usage is allowed but we asked to be contacted by the party that would like to use the images to obtain additional licensing. Please send them our way we will accommodate the requests.

In case of editorial\news usage a photo credit is required either in the article byline or adjacent to each published media.


Acceptable formats are as follows:

  • Photos \ Videos by TheHomeBird.com

  • © [year] TheHomeBird.com

  • Photos by TheHomeBird.com / courtesy of [Agent/Broker]

 

To keep the consistent quality of the images, photos used for editorial purpose should be obtained from either the TheHomeBird and not be extracted from MLS or public facing websites (example: Redfin.com).


We use all caught media for advertising on our site and social media outlets.  If a client would like any personal elements to be removed from the media (example - address of the house), we will accommodate the request.


Due to the 3D Tour hosting, we need to know who currently has the listing. 3D Tours are hosted for 90 days for free from the time we present the link to a client. After the 90 days of free hosting, we require monthly service fee for the 3D Tour to continue to be accessible.

5. SERVICE LOCATION\SITE PREPARATION:


For us to produce the best content, we need your help preparing service location, so it looks great in your photos\video\3D. Please note, Our “Realtor Checklist” is sent out via email in a .pdf format at least 24hrs, prior the service location appointment. Please read and familiarize yourself with the document, and if needed forward to your assistant or your client. Customer or its representative may be present at the service location at the time of the service to approve service provider’s interpretation of the services to be provided. We suggest informing your client, especially at home shoot, that it is not recommended for them to present on the location during the shoot.

Service Provider shall not be responsible for the untidiness of any service location or small alignment issues, mirror, window, glass, and reflective views. Customer shall further ensure that the service location is accessible on the day of the booking for the length of the appointment. Unless otherwise arranged, a service location that has not been adequately prepared, in service provider’s sole discretion will be considered place unready, and we reserve the right for the photographer to terminate the appointment. The Home Bird will then asses rescheduling fee based on our cancellation policy terms and condition.

Please make sure following are met before photographer arrival at the service location.

  • Remove any hazards to the photographer’s safety on site.

  • Ensure the service location is free of moving persons, or objects.

  • If people are present at the service location, homeowners should ensure children are supervised and out of the camera's view.

  • Inform the service provider of any rooms or areas that should be excluded from any capture services

  • 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 will do everything to ensure pets stay inside, but are not responsible for pets that escape the property during the session.

  • The photographer reserves the right to terminate the shoot if they feel threatened in any way.

  • TheHomeBird is not responsible for any cleaning, dusting, or moving (other than for the composition of the photographs) of furniture due to liability reasons.

6. WEATHER POLICY:

We are prepared to shoot in almost any weather. Often, sellers spend a reasonable 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 front and rear shots as well. If in the opinion of the photographer, the shoot/3D scan cannot be completed due to inclement weather or other adverse conditions, then the photographer reserves the right to reschedule the shoot at the earliest convenience. The client has the option to accept the reschedule date or to receive a refund of any fees or payments that have been accepted. Aerial Service will be affected by weather also. In unsafe conditions for the equipment, the photographer may choose to reschedule the shoot. In this event, TheHomeBird will attempt to complete the job, but if we are unable to, we will refund any fees or payments that have been accepted.

7. CANCELLATIONS / RESCHEDULE:

We want our clients to have a positive experience – but we do have to pay our photographer when we reserve his\her time. When you schedule services with us, you are booking a valuable time slot that will not be available to others. When you cancel or reschedule your photo shoot, we must pay our photographer 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 of your upcoming appointment; please continue to check in with your client as the date approaches.

As soon as you become aware that the property is not ready as scheduled, either call TheHomeBird’s office at 310-844-0743 or email us at info@thehomebird.com so we can notify our photographer and remove it from the schedule and set up a new appointment time.

If another agent in your Realty office can fill the spot, there will be no rescheduling/cancellation. Cancellations and reschedules are at no charge provided they are done 24 hours in advance of the scheduled shoot date/time.


In the event of a booking cancellation with less than 24hrs notice (Special case on Mondays - see below) before the scheduled appointment, the following applies:

  • Tuesday through Saturday Appointments – 24-hour window a cancellation fee of 10% off the pre tax invoice total + $50.

  • Sundays - In a special event, when an appointment is scheduled on Sunday, a 24-hour window cancellation fee of 10% off the pre tax invoice total + $100.

  • Mondays – If you cancel or reschedule your Monday appointment after 2 pm on prior Saturday - 10% off the pre tax invoice total + $75.

  • Unable to Shoot/Scan Fee - If the photographer arrives at the service location and cannot access it, a site is not ready for the shoot, or the agent/seller cancels the shoot, the cancellation fee is $100 + 25% of the quoted amount.

  • 50% of the cancellation/reschedule fees are waived if the booking can be scheduled within seven days of the original date.

8. RUSH / SAME-DAY SERVICE:

In most cases, rush orders/same-day service is available. Order is required by 11:00 a.m. Rush Fee depends on the type of service. We do not charge a rush fee if we do not have another booking on the same day.

9. PAYMENT OF INVOICE:

We accept numerous ways of payment, including checks, money orders, all major credit cards, cash, mobile payment services (ex. Venmo, Zelle).

Client has an option to either use credit card via our online client center system when service has been ordered or notify us they would like to pay by at the time of the appointment.

Check payments are to be made out and mailed to:

The Home Bird LLC
800 North Juanita Avenue, Unit #4
Redondo Beach, CA, 90277

10. LATE PAYMENTS:

TheHomeBird requires 100% payment for any of our services upfront, however in the event of a client having a written (email) agreement with TheHomeBird internal staff that differs from the above, the following terms and conditions apply:

In the event of non-payment of the balance in the 7-day window from the time of the appointment, we will notify the client of the due invoice. If the invoice is not paid within 24hrs of the late notification:

  • TheHomeBird will remove any hosted-by-us media.

  • TheHomeBird will retract from any client discounts (if any applied).

If media is not hosted by us but has been provided to the client via digital delivery or any other ways:

  • TheHomeBird will notify the client’s local Real Estate office and Association of non-payment issues.

  • We will also assess a late fee ($100) and send a demand letter for invoices to be paid.


If the invoice is overdue 30 days, TheHomeBird will send the invoice to a collection agency. If invoices are not paid after a demand letter has been sent, we will pursue legal means3 to recover the payment.


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TheHomeBird LLC 2017 ©