1. Introduction
These terms and conditions (“Agreement”) govern the services provided by GalleryVue, a professional architectural and real estate photographer based in Utah, to real estate brokers and property related professionals. By engaging our services, you agree to be bound by these terms. Services include architectural photography, Matterport virtual tours, drone photography, schematic floor plans and video production.
2. Services Provided
GalleryVue offers the following services:
- Architectural Photography
- Matterport Virtual Tours
- Drone Photography (FAA Part 107 licensed)
- Video Production for Real Estate
All services will be performed in accordance with the highest industry standards, and the final deliverables will be provided in a digital format.
3. Booking and Payment
Invoices for payment are sent by email along with the final media components payable by card. Please contact us if you would like to pay by check. Payment is due 3 days after everything is delivered or before the listing goes live, whichever comes first. If this is not convenient, please discuss it beforehand.
4. Cancellation and Rescheduling Policy
We understand that it can take significant coordination between multiple people to schedule a successful photoshoot. Aligning our schedule with those of the homeowner, agent, landscaper, painter, cleaner, and the weather doesn’t always go as planned. We try to be as flexible as possible. If you do need to cancel, please do so at least 24 hours beforehand.
5. Image Usage and Copyright
- GalleryVue retains all copyrights to the images, videos, and other media created during the session. Clients are granted a limited-use license to use the images for marketing and promotional purposes related to the sale, general marketing, or rental of the property.
- Images may not be sold, edited, or transferred to third parties without written permission.
- GalleryVue reserves the right to use the images for its own promotional materials, portfolio, or website unless otherwise agreed in writing.
6. Liability and Indemnification
- The client is responsible for ensuring that the property is safe and accessible for the scheduled photoshoot.
- The client agrees to indemnify and hold harmless GalleryVue from any claims, damages, or expenses arising from the use of the images or media produced.
7. Drone Photography
- Drone photography will only be conducted in compliance with FAA regulations and local laws.
- The client is responsible for ensuring that the property is located in an area where drone flights are permitted. If a property is in a restricted airspace, drone services may be limited or unavailable.
8. Delivery of Final Media
- Final images and videos will be delivered via a secure download link.
- Rush delivery options are available for an additional fee.
- Clients must notify GalleryVue of any issues with the final media within 7 days of delivery. After this period, all deliverables are considered accepted.
9. Revisions and Retouching
- Basic retouching (color correction, exposure adjustments, etc.) is included in the quoted price. More extensive retouching or editing requests may incur additional fees.
- Requests for revisions must be made within 7 days of receiving the final media.
10. Force Majeure
GalleryVue is not liable for delays or cancellations due to events beyond their control, including but not limited to natural disasters, severe weather, or governmental restrictions.
11. Governing Law
This Agreement is governed by the laws of the State of Utah. Any disputes arising from this Agreement will be resolved in the courts located in Utah County, Utah.
12. Agreement Modification
GalleryVue reserves the right to modify these terms and conditions at any time, with notice provided to clients prior to any changes affecting ongoing projects.
13. Acceptance of Terms
By booking services with GalleryVue, you agree to these Terms and Conditions.
14. Client Responsibilities
- The client must ensure that the property is clean, organized, and prepared for the photoshoot prior to the photographer’s arrival. Any delays due to unprepared property may result in additional fees.
- The client is responsible for securing access to the property and ensuring that any pets or other distractions are removed during the shoot.
15. Travel Fees
- For locations outside of Salt Lake, Utah, Davis, Wasatch, or Summit Counties, GalleryVue’s base of operations, travel fees may be incurred.
- Any additional travel-related costs (e.g., parking fees, tolls) will be billed to the client.
16. Reshoot Policy
- Reshoots due to client-requested changes (e.g., different staging, updated property features) may incur additional charges at an agreed upon rate.
- If a reshoot is required due to photographer error, it will be provided at no additional cost.
17. Equipment Damage
- The client agrees to take reasonable care in protecting GalleryVue’s equipment during on-site photography sessions. Any damage to equipment caused by client negligence may result in additional fees for repair or replacement.
18. Confidentiality
- Any sensitive or confidential information regarding the property or client, such as property details not yet made public, will be kept confidential and not shared with third parties, except as required by law.
20. Referral Program
- Clients who refer new customers to GalleryVue may receive a discount or credit on their next booking, provided the referred client completes a paid session.
21. Dispute Resolution
- In the event of a dispute, both parties agree to attempt resolution through mediation before pursuing any legal action.
- Any legal fees incurred in enforcing these terms may be recoverable from the party found in breach of this Agreement.
22. Sales Tax
- Under Utah law, sales tax is not collected for non-tangible digital content that is used for business purposes. By requesting our services, you confirm that all material delivered, including photographs, videos, and virtual tours, will be used for business purposes only.
- Each invoice, delivered electronically, will include a statement that the service provided and all related media content is licensed for business purposes only, and that [Business Name] retains the copyright to all media.
- If the media is used for non-business purposes, the client is responsible for reporting and remitting any applicable sales tax directly to the Utah State Tax Commission.