REAL ESTATE SERVICES
TERMS AND CONDITIONS
The original party who paid for this 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 that the home/property is listed for sale and cannot be reused without specific written permission.
Images cannot be sold or loaned to another agent who takes over an expired or withdrawn listing.
Failure to pay for the images will result in a copyright infringement/violation action. 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.
Morgan Media retains the ownership rights to all generated images as per the Canadian Copyright Act: 1985
Relationship of the Parties:
The parties agree that the Photographer is an independent contractor, and that neither Photographer, nor Photographer’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 or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Photographer and the Photos or any other deliverable prepared by Photographer shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.
This Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Photographer, and Photographer shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by Photographer.
Payment & Delivery:
Delivery timelines for all services are as follows:
– Photos: 24 Hrs
– 3D Matterport Tours: 24 Hours
– Cinematic Video: 48 Hours
Payment is due upon delivery of services rendered. Usage rights are not transferred until payment is received in full. Confirmation of appointment indicates acceptance of and agreement to all Term of Service outlined in this document.
Images will be delivered according to clients choice of photography package:
-All packages (including all video, drone, and virtual tour packages) will be delivered utilizing our “Aryeo” client centre unless otherwise requested by client.
Cancellations & Rebooking:
Cancellations or rebooking requests must be made the day before scheduled photoshoot start time. Real Estate Photoshoots cancelled or Rebooked “same-day” will be subject to a fee of $100.
Weather-related cancellations are subject to the terms above. Some weather conditions can adversely effect exterior home photo quality or prevent safe drone flight. In the event of unfavorable weather, the interior photos will be photographed as planned. Alternate arrangements will be made for exterior or aerial re-shoot and additional fees may apply unless full cancellation is made the day prior to the appointment.
CLIENT will ensure that the listing is clean and ready for photography at time of service. PHOTOGRAPHER is not responsible for cleaning, dusting, changing lightbulbs or moving of furniture but may adjust window coverings, move small items or turn on/off lights as necessary. CLIENT shall ensure that there are no hazards to the photographer’s safety and that pets are confined out of view. PHOTOGRAPHER will not retouch images to disguise known defects and/or physical structures such as wall/floor blemishes, driveway cracks, power lines, etc.
Should the property not be ready at the agreed upon appointment time, Morgan Media reserves the right to request that the appointment be rescheduled. Should the client request that Morgan Media remain on site while the property is made ready, additional fees for time billed at $100/hr may be applied to the final invoice at the discretion of Morgan Media. Morgan Media will proactively make clients aware of this at the time of the request.
Morgan Media is a Barrie based provider of photography solutions and as such, Morgan Media reserves the right to charge for additional travel fees when contracted to provide services outside of the Barrie area. Quotes for travel are provided upon request.
Morgan Media provides guaranteed storage all delivered images for a minimum of 90 days after project delivery. It is therefore recommended that all Clients backup any delivered images if intended for use beyond that 90 day timeframe. Once Client’s contract with the homeowner has ended (property is sold or picked up by another agent), the usage license granted by Morgan Media expires, so the Client should delete their backup at that time.
Reshoots & Quality Control:
In the event that a reshoot is requested, a $100 reshoot fee will be applied to the final invoice unless a significant deviation from established quality requirements that is the fault of Morgan Media has occurred. Should that occur, Morgan Media will reshoot at no additional cost, at their earliest available time slot. Examples of at-fault quality deficiencies can include, but are not limited to:
– Poor colour accuracy that can not be addressed with a re-edit
– Inaccurate architectural geometry
– People or pets in images
– Excessive over exposed “hot spots” that can not be addressed with a re-edit
At fault deficiencies do not include:
– Personal effects in images: Due to covid-19 protocols, Morgan Media is minimizing contact with all client personal effects and surfaces and will not adjust or move personal items that may appear in finished images.
– Weather related issues including the visibility of snow, darkness due to cloud cover, etc.
– Specific images/angles not taken, specific features not imaged: While we strive to provide the highest quality Real Estate Photography services possible, we believe that the best results come from a collaboration between our Photography Professional and the Real Estate Professional. If there are specific selling features or angles that the Real Estate Professional wants included in the final image package, we ask that this be discussed in advance or at the latest, on site at the time of the photo shoot.
We understand that great photography can be subjective to the viewer and it is our goal to deliver great photography every time. Most issues can be improved or eliminated in post process editing and we happily invite our clients to critique our images and request alterations to specific images with specific (too dark, too bright, too sharp, too wide, etc) concerns. Morgan Media does provide a one-time complimentary re-edit of the delivered image package. Re-edits are 5 dollars per image after that, so the more specific the critique, the more able we are to address your quality concerns efficiently.
– Should the weather not provide for appropriate twilight lighting (excessive cloud cover, rain, snow), Morgan Media will waive their reshooting fee to provide twilight photography services at their earliest available twilight appointment time.
– A twilight appointment will yield a minimum of 3 completed images
– As there are numerous editing styles for twilight photography, any requests for a specific style is to be made prior to the appointment, with reference images provided to the Morgan Media. Samples of Morgan Media’s twilight photography are available on Morganmedia.website
– Morgan Media will provide one free editing revision after delivery of twilight images. Further requested editing will be billed at an hourly rate of $80, with a 1hr minimum.
While Morgan Media does provide image alteration (eg: Photoshop) services for additional fees, there are some requested edits that can violate Federal & Provincial consumer protection laws that our clients should be aware of and that Morgan Media suggests against, & will not be held liable for.
An example of this can be the virtual repair of property damage that is not physically repaired prior to in person viewings. It is possible with image alteration to make digital repairs to most normal property damage including but not limited to roofs, fences, front lawns, carpets, etc. Due to scheduling conflicts it can be efficient and worthwhile to have the photographer’s appointment prior to scheduled repairs to those same items. In those cases it may make sense to have the photographs digitally altered to show the repair (holes in walls, carpets cleaned, etc) prior to the work being done. Failure to have the work done prior to in person viewings of the property though would constitute a violation of Ontario statute on false advertising.
There are numerous types of image alteration that does not violate these statutes however and can add to the aesthetics of the image and aid in your marketing efforts:
– Virtual twilight photography
– Virtual staging
– Item removal
– Sky replacements
It is the position of Morgan Media that we will advise our clients against image alteration requests that may violate Ontario’s false advertising statutes. If the client insists upon the image alteration though, Morgan Media will comply with the request for the stated alteration fee, and will make note of their advice on the appropriate line item on the final invoice. Morgan Media will under no circumstance be held liable if the end use of altered images leads to legal complaint towards the licensed end user.