Revised January 1, 2023 Residential and Commercial Real Estate Photography Photoshoot Contract entered into and between VirtualTours360, LLC (Hereinafter referred to as “VT360”) And The Real Estate Agent currently signed into this account at the URL orders.virtualtours360.com (Hereinafter referred to as “CLIENT” or “AGENT”). CLIENT hereby assigns full copyright of photographs taken by VT360 or a representative/photographer of VT360 to VT360 (and the related representatives and assigns) together with the right of reproduction either wholly or in part.
I grant to VT360 the permission to use the above-mentioned photographs either separately or together, either wholly or in part, the perpetual and irrevocable and unrestricted right to use and publish video and/or photographs of me, or where I may be included for editorial trade, product advertising, and such other business purposes in any manner and/or medium.
If the subject of work is outside San Antonio City proper, VT360 reserves the right to add a reasonable transportation fee.
VT360 guarantees AGENT a professionally produced product. If the product created is not acceptable based on reasonable standards, VT360 will refund client’s fees in whole or in part depending on the portion of the project that CLIENT is not happy with. The amount of the refund is ultimately up to VT360 and its representatives. CLIENT will not be eligible to receive or use any part of photographs or recordings if fees have been refunded.
If the product is unacceptable to AGENT from an editing standpoint, VT360 will re-edit the footage a second time based on written notes provided by the client. If this second edit is unacceptable, VT360 will charge an hourly fee to continue refinement of the media.
If a legal dispute arises with regards to the business conduct or representative’s actions while contracted by VT360, CLIENT agrees to a privately mediated settlement.
CLIENT will provide a “show-ready” property at the time arranged for the recording. VT360 will not be responsible for “preparing” the subject property for the recording. If the recording of the property is unacceptable based on the condition of the property or its contents, VT360 will charge a minimum of $75 to re-record the property, plus any travel expenses.
VT360 is not responsible for weather-related detrimental effects of recording.
VT360 agrees to maintain a reasonable amount of liability insurance to protect the contents of the subject property from damage caused by any VT360 representative.
VT360 agrees to maintain a clean and functioning website for hosting CLIENT’s photos and/or videos for up to a consecutive period of 1 year. Thereafter, if CLIENT wishes for VT360 to host CLIENT’S media for a longer period, CLIENT agrees to pay $45 per year, charged ahead of time, paid yearly. VT360 will not be held liable for any losses or inconveniences caused by malfunctioning web-based technologies.
CLIENT is granted a limited, nonexclusive right to create a “hyperlink” to VT360’s website as long as there are no implicit or explicit derogatory, or otherwise defamatory insinuations.
Neither VT360 nor its independent contractors are responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond reasonable control, such as acts of God, weather, or other uncontrollable conditions that prohibit services from being rendered as promised (Hurricanes, Tornadoes, Earthquakes, Acts of Terrorism, etc.). No other terms or conditions apply unless specified in writing.
As a condition of VT360’s website Services, CLIENT agrees not to use such services for any purpose that is unlawful or prohibited by these terms and conditions and agrees to comply with any applicable local, state, federal, and international laws, government rules, or requirements.
VT360 may immediately terminate any account which it believes, in its sole discretion, is connected with any spam or other unsolicited bulk marketing.
VT360 reserves the right to cancel a project or stop doing business with CLIENT for any reason and without warning. VT360 agrees to fully refund CLIENT any monies paid to VT360 for any services that have not yet been provided, starting from the date that these Terms of Services were last accepted by CLIENT.
PAYMENTS: Payment is due by CLIENT in order to activate the project and secure a date and time for a photographer contracted by VT360 to come and photograph your listing. If payment is not made, CLIENT understands that their project will still be considered “Pending” and no date and time will be secured. Any other agent will have the ability to schedule the shoot during the date and time that CLIENT is requesting.
CANCELATION POLICY: This condition supersedes any before it regarding cancelation and/or refunds. CLIENT agrees that if a project has to be canceled, CLIENT will do so a minimum of 2 hours prior to the scheduled shoot time, otherwise, no refund will be given to CLIENT by VT360.
VT360 and its licensees or assignees may have unrestricted use of these photographs for whatever purpose, including advertising, with any retouching or alteration without restriction. I agree that the above-mentioned photographs and any reproductions shall be deemed to represent an imaginary person, and further agree that VT360 or any person authorized by or acting on VT360’s behalf may use the above-mentioned photographs or any reproductions of them for any advertising purposes or for the purpose of illustrating any wording, and agree that no such wording shall be considered to be attributed to me personally unless my name is used.