An overview of some critical items in our service agreement.
OWNERSHIP OF PRODUCED MEDIA:
It is customary for photographers to retain the copyright for photography. We do reserve that copyright, but you are free to use the photos for all your marketing needs. The copyright of an image is not transferred to any other party unless a specific written agreement is made. Licensing may be obtained for various applications of images. Please contact us for more details.
TheHomeBird owns all rights to the Media we capture and create. 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. If the Realtor is transferring TheHomeBird's created content, we ask to be notified. Due to the tour hosting, we need to know who currently has the listing. 3D Tours are hosted for one year from the time we present the link to a client. After the 1 Year of free hosting, whoever has been transferred the 3D tour must pay the yearly hosting fee to have the Tour continue to be accessible.
The original agent who paid for the service has permission to use these images on any electronic or printed form of advertisement for the promotion of that property. The licensing agreement is valid only for the duration the home/property is listed for sale and cannot be reused without specific written permission.
Images cannot be sold to another agent who takes over an expired or withdrawn listing.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.
Builders, stagers, designers and others who wish to use images taken by our photographer should contact us for specific licensing information. In addition to fees paid to TheHomeBird a property photography release will need to be obtained from the business or the homeowner.
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.
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/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 excepted within thirty (30) days. 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, The Home Bird LLC will attempt to complete the job, but if is unable to, we will refund any fees, or payments that have been excepted with thirty (30) days.
We only want our clients to think warm and fuzzy thoughts about us and fee policies like this don’t do that – but we do have to pay our photographers when we reserve their 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 photographers for that reserve 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 email@example.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 can fill the spot, there will be no rescheduling/cancellation. Cancellations and reschedules are no charge provided they are done 24 hours in advance of the scheduled shoot date/time.
In the event of booking cancelation less than 24hrs before the scheduled appointment:
Tuesday through Saturday Appointments – 24-hour window a cancelation fee of $75 per service reserved.
Sundays - In a special event, when an appointment is scheduled on Sunday, a 24-hour window cancelation fee of $100 per service booked.
Mondays– If you cancel or reschedule your Monday appointment after 2 pm on prior Saturday - $75 per service booked.
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 cancel the shoot, the cancelation fee is $100 + 50% of the quoted amount.
50% of the cancellation/re-schedule fees are waived if the booking can be scheduled within seven days of the original date.
RUSH / SAME DAY SERVICE:
In most cases rush orders/same day service must be pre-paid or on approved credit terms. Order is required by 10:30 a.m. Rush Fee depends on the type of service. We do not charge the rush fee if we do not have another booking on the same day.
PAYMENT OF INVOICE:
We accept numerous ways of payments, Including company check, money orders, all major credit cards and cash.
Unless the pre-arrangements have been set in place with TheHomeBird, invoicing or payment is set up at the time of ordering any of the services. All Invoices are set at NET 7 from the appointment date.
Check payments are to be made out and mailed to:
The Home Bird LLC,
800 North Juanita Avenue Unit #4,
Redondo Beach, CA, 90277.
In the event of non-payment 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, we will remove any hosted by us media. We will also retract from any client discounts. If media is not hosted by us but has been provided to the client via digital delivery or any other ways, TheHomeBird will notify clients local Real Estate office and Association of non-payment issues. We will also asses a late fee ($100), and send a demand letter for invoices to be paid. If invoices are not paid after the demand letter was sent we will pursue legal ways to recover the payment.
TheHomeBird LLC 2017