REAL ESTATE MARKETING SERVICES AGREEMENT

 

This Real Estate Marketing Services Agreement (“Agreement”) is a legally binding contract between Users and Registrants of 805Media Works, Inc. (“You,” “Your,” “Users,” and “Client”) and 805 Media Works (“805 Media,” “we,” “us,” and “our”). By accessing or using our website, purchasing products and services (“Media”), or engaging with us in any capacity, you agree to the terms and conditions outlined in this Agreement.

 

Definitions

 

The terms “Photographer,” “photography team,” “us,” “we,” and “our” refer to 805MediaWorks and all associated agents, employees, or representatives. The term “Media” refers to all photography, videos, 3D tours, floorplans, websites, and other media services produced by us. The term “Property” refers to the real estate location where media services will be performed. The terms “Agreement” and “Contract” refer to this binding document and its terms.

 

Property Preparation, Pets, and Requests

 

Client authorizes 805MediaWorks to enter the Property and capture various Media. You confirm you have the authority to permit this and agree to indemnify and defend us against any claims arising from our services. Client ensures the Property is prepared for the shoot. Our team is not responsible for cleaning, staging, or rearranging furniture. Pets must be contained during the session and will not be included in the photographs. Any specific requests must be communicated at least one (1) calendar day prior to the scheduled session.

 

Cancellation, Rescheduling, and Late Arrival

 

If the Client fails to show or provide proper access, the full fee is due immediately. Requests to reschedule or cancel within twenty-four (24) hours of the scheduled shoot incur a $175 fee. Exceptions may be made for medical emergencies or adverse weather conditions at our discretion.

 

Completion and Delivery

 

Media will be delivered in high-resolution .jpeg and .mp4 file formats via an online gallery. Our standard processing includes adjustments for white balance, contrast, and composition. Additional processing requests should be made promptly. Clients must review the delivered Media upon receipt. We do not retain archives, and responsibility ends at delivery. Any disputes or additional requests must be submitted in writing within five (5) business days of receipt of the Media.

 

Paid Service: Prices and Cancellation

 

The rate for any Paid Service shall be set forth on the 805MediaWorks online Pricing Page and Order Form. All rates are stated in U.S. dollars and are valid until altered by us. In the event that a Paid Service on this Website is mistakenly listed at an incorrect rate, 805MediaWorks reserves the right to refuse or cancel any orders placed for the Paid Service listed at the incorrect rate. We agree to provide you with the requested Media. Payment is due at the time of delivery of the Media. If you have paid us in full, you have the rights to use the Media based on our Commercial License Terms below. Charges will appear as “805MediaWorks” on your credit card/bank statements. We are an independent contractor and not your employee. You are not our agent and cannot make agreements for us. When you receive Media from us, please check them to be sure they are acceptable. Any additional services requested after delivery of the Media may incur an additional fee. To avoid misunderstandings, you agree to notify us in writing within five (5) business days of receipt of the Media if you believe they are not acceptable.

 

Commercial License Terms

 

805MediaWorks owns and retains all copyrights for works created or produced by 805MediaWorks, its affiliates, employees, contractors, and subsidiaries. Unless otherwise specifically agreed to in writing by the parties, 805MediaWorks hereby grants to Client the non-exclusive, non-sublicensable, revocable, and non-assignable right to reproduce, display, broadcast, and transmit (collectively “use”) the Licensed Content in any and all media, now known or hereafter devised, in the Territory, and during the Term, provided that the Licensed Content may only be used for the sales and marketing of the property depicted in the Licensed Content (the “Subject Property”) while such Subject Property is listed with Client. In the event of non-compliance by Client, the license may be revoked at the discretion of 805MediaWorks. In case of revocation, Client must actively remove any disseminated content. In addition, 805MediaWorks hereby grants to Client the limited right to sublicense the Licensed Content to one or more multiple listing services (each, an “MLS”) for comparable database use purposes, provided that Client is a member of each such MLS to which a sublicense is granted, and such sublicenses shall not be further sublicensable. Notwithstanding the foregoing, Licensed Content used by Client prior to the expiration of an applicable representation agreement between Client and a third party may continue to be used by Client or the agent representing the subject property after the expiration of such representation agreement, for the sole purpose of marketing the Client or the agent that represented the subject property in the context of the Client or the agent that represented the subject property showing previous properties for sale/sold by Client or the agent that represented the subject property. All rights not explicitly granted in this Agreement are reserved to 805MediaWorks. 805MediaWorks is and will remain the sole and exclusive owner of the copyright and all other rights in and to the Licensed Content. No other rights or uses are permitted without the prior written consent of 805MediaWorks.

 

License Restrictions

 

Except as necessary for the use of the Licensed Content in the end use, Client may not crop, rotate, alter, change, or manipulate, or combine the Licensed Content with other image(s) or works without 805MediaWorks’s prior written permission. Client may not incorporate the Licensed Content in any logo, trademark, or service mark. When Licensed Content is used on a social media or other third-party website or application that permits sharing of content, in the event the website seeks to exploit rights to the Licensed Content contrary to the terms of this Agreement, this Agreement to the extent it extends to the relevant Licensed Content shall be automatically revoked, and Client shall take commercially reasonable efforts to remove the Licensed Content from such website. Client is under no circumstance permitted to sell or collect payment of any kind for the use or display of Licensed Content produced by 805MediaWorks. Client is not permitted to assign the rights granted to Client by 805MediaWorks to any third parties without express written consent from 805MediaWorks.

 

Copyright Policy and Reporting of Violations

 

805MediaWorks respects copyright law and expects you to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders’ rights. As a condition to your use of the Service, or your use of the Site, you agree that you will not use the Site or Service to infringe the intellectual property rights of others in any way. 805MediaWorks’s policy is to terminate access to the Site and use of the Service by any users who are repeat infringers of the copyrights or other intellectual property rights of others.

 

Limitations of Liability and Damages

 

805MediaWorks, its affiliates, employees, officers, representatives, service providers, and its suppliers shall not be responsible for nor be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the site, the service, the member creation, the member works, the third-party content, or information contained within the site, including, but not limited to, your downloading or uploading of any material or documents or your use of any application or functionality associated with the site or service, even if 805MediaWorks has been advised of the possibility of such damages.

 

Indemnification

 

You agree to indemnify, defend, and hold harmless 805MediaWorks, its officers, directors, employees, agents, licensors, suppliers, and any third-party service providers to the Site and/or Service from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising from: any breach of these Terms or of any representation, warranty, or covenant you make herein; your access to and use of the Site; your use of the Service; your creation, your use of the Third Party Content; and your grant of rights and licenses to 805MediaWorks pursuant to these Terms. The language in this Agreement will be interpreted as to its fair meaning and not strictly for or against any party. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force. If you have any comments or questions about these Terms, the Site, or our Service, please contact us by email at hello@805mediaworks.com.