*Media in this contract refers to any photos, video, and/or Matterport 3d virtual tours that is produced by Banner Mountain Media, LLC
Copyright Notice: Banner Mountain Media, LLC is the exclusive copyright holder of the media. Full media rights are not sold or granted; clients only receive licenses. Licensing may be obtained for various applications of media, please refer to Photo Rights and Usage for Real Estate Photography.
Photo Rights and Usage for Real Estate Photography: Photo Rights and Usage for Real Estate Photography: The original agent/client who paid for the service has permission to use any media 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 from Banner Mountain Media, LLC. Banner Mountain Media, LLC must be made aware, credited, and compensated for any printed or digital publication/use where any media is not being used for the direct marketing of the sale of the property.
Non-transferable Licenses: Agents/clients may not sell, transfer, or gift the media for any reason to any third party, especially to another agent who takes over an expired, withdrawn, or canceled listing. These third parties also include sellers, builders, stagers, and any other contractors associated with the property or agent. Media licenses are non-transferable.
Re-licensing: Banner Mountain Media, LLC reserves the right to re-license the media.
Copyright Infringement: Failure to pay for the media will result in a copyright infringement/violation. You will be asked to remove any media from any electronic or printed form of advertisement within 24 hours. Failure to stop using them will result in legal action.
Unauthorized Alterations: Once the media has been delivered, the agent and/or homeowner may not make any digital alterations, editing, or “photoshopping” to the media unless to crop the media. If there is an issue or concern with editing or media, please contact Banner Mountain Media, but do not make alterations, as this is a violation of copyright.
Community Shots: “Community shots” such as golf course, clubhouse, fitness centers, subdivision signs, etc., may be licensed in conjunction with property media to market the listing. Banner Mountain Media, LLC retains all rights to all media, and therefore these shots are stock media. Agents/clients who choose to purchase any media may only use that media in conjunction with the designated property. Using the listing-media in other marketing or in conjunction with other properties is prohibited unless additional licensing is purchased.
Expectations of Agent/Owner: Agents and homeowners are expected to have the property cleaned (or staged) prior to the media shoot. If the property is not ready to be photographed, you should make every effort to reschedule 72 hours prior to the shoot. Banner Mountain Media, LLC is not responsible for staging, cleaning, decluttering, or landscaping. We are not a staging service, cleaning service, or a landscaper; we are a media service. There is no obligation for the photographer to perform these actions.
Cancellation and Rescheduling Policy: By scheduling service, you affirm that the property is ready for the shoot. You also understand that we charge a $75 service fee when we must return to a property for reasons that are not our fault. This includes, but is not limited to: property not ready, staging incomplete, construction, agent/owner not home, no key in lockbox, etc. This includes partial media shoots where the exterior may not be ready or certain rooms are incomplete, and the photographer is required to return. We also understand that things come up or may change, but if a property is rescheduled or canceled within 48 hours of the scheduled shoot time, there will be a $100 fee. Any cancellation within 24 hours of the shoot or once the photographer has arrived will be subject to 100% of the package amount which is your obligation to pay and you agree to this by agreeing to these terms of service. You also agree that for Banner Mountain Media, our schedule is our income, and that when you make last minute changes to that schedule we will be unable to financially recover from the loss of revenue. You will be responsible for paying for a shoot that has not been properly rescheduled or cancelled, and emergencies will be considered on a case to case basis at the discretion of Banner Mountain Media and its Managers.
Weather Policy: We photograph in all weather except for rain. If rain is present, the client will be given the option to reschedule at no additional charge. However, the weather should be evaluated several days prior to the shoot to prevent any rescheduling. The weather policy does not cover rescheduling or canceling under 24 hours due to cloudy weather or lack of sun (rain must be present for the fee to be waived).
Rush Policy: A minimum of 72 hours notice is recommended when scheduling a property shoot. Banner Mountain Media, LLC does not offer rush policies. In a rare case where Banner Mountain Media, LLC does agree to a rush policy of completed media in under 24 hours, the client is subject to a $75 rush fee.
Photo Guarantee: Banner Mountain Media, LLC will make every effort to ensure the final media is of high quality and represent the property in the best way. Sometimes, however, an agent/homeowner may feel the media does not meet those expectations. In this case, Banner Mountain Media, LLC will work closely with the agent/homeowner to correct the issue and media. A reasonable amount of re-editing will be performed at no additional cost. If a return trip is requested due to issues in the media regarding decluttering, additional media not specifically requested prior to shoot, or other aspects that are not directly the responsibility of Banner Mountain Media, LLC, there will be a charge. A minimum reshoot fee of $75 will be charged to the agent/client unless it is the direct responsibility of the photographer, in which case there will not be a charge (e.g., missing specific shot requested prior to shoot). Everyone has a different idea of their “best image,” but prior to hiring Banner Mountain Media, please carefully review the portfolio, as there will be no refunds issued to clients who are not happy with the “style” of photography. “Style” refers to image angles, color, and any other visual aspect of the media.
Delivery of Photos and Storage: For most standard real estate shoots, Banner Mountain Media, LLC guarantees a 48-hour or less turnaround time. Some media shoots of larger properties or with extensive editing/special requests, such as luxury, twilight, and aerial videography, may take up to 72 hours. Banner Mountain Media, LLC will also maintain a media backup and provide access to the final media for up to 30 days after the media is delivered to the client via download link. After 30 days, Banner Mountain Media, LLC cannot guarantee the media will be available; however, if they are, there will be a $25 retrieval fee if the client requests another copy. It is highly recommended to download the media immediately after receiving the final download link to ensure no future issues or retrieval fees.
Travel Surcharge: Banner Mountain Media, LLC has the right to charge a travel fee for any property that is 30 miles or more from Banner Mountain Media, LLC. A larger travel surcharge will be assessed for properties significantly out of range. Properties in rural or remote areas may be subject to additional travel fees depending on the extent of the distance from a major paved roadway.
Right to Refuse: Banner Mountain Media, LLC reserves the right in its sole discretion to refuse service at any time for any reason. At any time, Banner Mountain Media, LLC can terminate the relationship with or fire a client for overdue invoices, poor communication, or unreasonable requests.
Payment: Payment is required prior to any media capture on the scheduled day of production. If payment is not made before or on scheduled day of production, then payment is required before media will be released for download. Failure to pay by due date will result in a 5% fee assessed every 15 days. Failure to pay an invoice past due of 30 days or more may or will result in legal action.
By Using our service you are agreeing to these terms and conditions. They have been supplied throughout the scheduling process and are available on our website for review. If you have any questions or concerns, please contact us at info@bannermountainmedia.com or call 530-263-0183.