Terms of Service for SellFastPhoto
ACCEPTANCE OF TERMS:
By booking a session with SellFastPhoto, you agree to these Terms of Service. Any trade work agreed upon between SellFastPhoto (“Photographer”) and another vendor is subject to these terms.
DEFINITIONS:
This Agreement is between SellFastPhoto (“Photographer”) and [You] (“Client”), which includes the Client’s principals, employees, affiliates, and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company, or organization. The Photographer’s relationship with the Client is that of an independent contractor.
“Image(s)” refers to photographic or media content, including still or moving material, created by SellFastPhoto, whether delivered in digital or other media forms.
USAGE RIGHTS AND OWNERSHIP:
Client acknowledges that SellFastPhoto is the author and sole copyright owner of all Image(s) produced.
Client is granted a limited license to use the Image(s) solely for marketing, promotion, and listing purposes related to the sale or rental of the specified property. This license is non-exclusive, non-transferable, and non-sub-licensable.
Usage rights are limited to one year unless otherwise specified in writing. After this period, usage rights must be renewed for continued use.
Client may not sell, sublicense, or distribute Image(s) for profit or transfer them to any third party.
Photographer retains the right to use Image(s) for self-promotion and portfolio purposes.
Copyright metadata embedded within any digital files must not be altered or removed without the express consent of SellFastPhoto.
PAYMENT:
Payment is due upon receipt of Image(s).
Payments not made within 14 days of delivery will incur a $50 late fee for each 14-day period the payment remains overdue.
Cancellations or rescheduling within 24 hours of the scheduled shoot will incur a $50 fee. Cancellations or rescheduling made more than 24 hours in advance will not incur a fee.
A session may be rescheduled only once. If a rescheduled session is subsequently canceled, it will be subject to the cancellation fee.
RESHOOTS:
If a reshoot is required due to an error by SellFastPhoto, no additional fees will apply.
If the Client requests a reshoot for personal preferences or issues that could have been resolved without a reshoot, reshoot fees start at $150.
ARCHIVING DIGITAL FILES:
SellFastPhoto will store Image(s) for one year following delivery. After this period, the files will be permanently deleted and cannot be retrieved.
Access to Image(s) more than three months after delivery is subject to an archival retrieval fee.
PHOTOGRAPHIC INTEGRITY AND ALTERATIONS:
Client may not alter Image(s), including applying filters or modifications, without prior express permission from SellFastPhoto.
Editing will be done at the Photographer’s discretion. Additional edits requested by the Client are subject to fees starting at $50 per image.
SESSION TERMS:
For all non-vacant properties, the agent or property owner must be present during the session.
The Photographer reserves the right to leave the property if they feel unsafe at any time.
No other photographers or videographers are allowed during the session without prior written agreement.
NON-DISPARAGEMENT CLAUSE:
Client agrees not to post or publish any negative reviews, defamatory statements, or comments about SellFastPhoto or its services. Any disputes must be addressed through arbitration as outlined below.
GENERAL LIABILITY AND RELEASES:
SellFastPhoto will take reasonable care in producing the Image(s) and performing the services. However, the Photographer will not be liable for any damages, losses, or costs incurred by the Client or third parties from the use of the Image(s).
The Client indemnifies and holds harmless SellFastPhoto from any claims or liabilities arising from the Client’s use of Image(s).
SellFastPhoto is not responsible for obtaining any necessary permissions or releases related to the property or individuals featured in the Image(s). The Client is responsible for securing all required permissions.
FAILURE TO PERFORM:
If SellFastPhoto cannot perform services due to illness, equipment failure, or acts of God, the Photographer will attempt to arrange for a replacement photographer. If this is not possible, any fees paid will be refunded, and SellFastPhoto’s liability will be limited to the amount paid.
If Image(s) are lost or damaged without fault by SellFastPhoto, liability will be limited to the amount paid for the session.
ARBITRATION:
This Agreement will be governed by the laws of the State of Florida. Any disputes arising under this Agreement will be resolved through binding arbitration in the state of Florida, in accordance with the rules of the American Arbitration Association. The parties agree to bear their own costs for arbitration, including attorney fees.
ENTIRE AGREEMENT:
This Agreement constitutes the entire understanding between SellFastPhoto and the Client. It supersedes all prior agreements, whether written or oral. Amendments to this Agreement must be in writing and signed by both parties.
By booking a session with SellFastPhoto, the Client acknowledges and agrees to all terms and conditions outlined in this Agreement.