TERMS AND CONDITIONS:
Under current copyright laws, the ownership and/or copyright of any photography remains with the photographer unless specifically agreed upon (https://www.copyright.gov/).
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When hiring ARC Imaging for photographic services, you are purchasing a License to use photographs for a set period of time. Please contact us if you have any questions about your License.
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By accepting any media from ARC Imaging, a Client agrees to the following Terms and Conditions:
The following terms and conditions apply to any photograph, graphic, digital asset, video, three-dimensional scan, floor plan, digital image, or any yet-to-be invented media, created, produced, or taken by ARC Imaging (collectively known as “MEDIA”) and delivered to the Client for any photo or other media provided to the Client “The Client" or "Client”. These terms govern the relationship between the parties and in no event shall any e-mail, communication or other exchange, amend or otherwise modify the terms of these terms unless agreed to in writing.
Rights: All Media and rights relating to them, including copyright and ownership rights in the MEDIA, including methods in which the MEDIA are stored, remain the sole and exclusive property of ARC Imaging. These terms provide the Client with the limited right to reproduce, publicly display, and distribute the MEDIA only for promotional or advertising purposes directly related to the sale of the Property or their own marketing (and extended, in limited terms, to the Client’s Brokerage at the sole discretion of ARC Imaging). MEDIA used for any purpose not directly related to the sale of the Property must be with the express permission of ARC Imaging and the possible payment of additional fees (at ARC Imaging’s discretion), unless otherwise agreed to in writing.
MEDIA may be uploaded to and shared with any MLS listing service, or any company that provides syndication, solely for promotion of the Property during the pendency of these terms. However, regardless of any terms and conditions of an MLS or syndication company, at no time does ARC Imaging's terms provide the Client with the right to transfer copyright, or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106. MEDIA may contain copyright management information (CMI) at the discretion of ARC Imaging in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes violation of the Digital Millennium Copyright Act (DMCA) and the Client will be responsible to ARC Imaging for any penalties and awards available under the statute.
Unless otherwise specifically provided elsewhere in this document or other signed agreement between the parties, rights are assigned to the Client immediately upon delivery of the MEDIA.
These terms do not transfer any copyright or intellectual property rights to the Client.
Relationship of the Parties: The parties agree that ARC Imaging is an independent contractor, and that neither ARC Imaging, nor ARC Imaging’s employees or contracted 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 these terms. Neither party is authorized to act as agent or bind the other party except as expressly stated in these terms. ARC Imaging and the MEDIA or any other deliverables prepared by ARC Imaging 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 these terms.
Creation: The manner and method of creating any Photographs is solely at the discretion of ARC Imaging and the Client has no right to control ARC Imaging’s manner and method of performance under these terms. ARC Imaging will use his/her best efforts to: (a) ensure that the MEDIA conform to Client’s specifications; and (b) submit all MEDIA to Client in publishable quality, on or before the applicable deadlines.
Delivery: ARC Imaging may select delivery of photographs in JPEG, TIFF, PNG, or other standard format, at a resolution that ARC Imaging determines will be suitable for the MEDIA as licensed. It is the Client's responsibility to verify that the MEDIA are suitable for reproduction and that if the MEDIA are not deemed suitable, to notify ARC Imaging with five (5) business days. ARC Imaging’s sole obligation will be to replace the MEDIA at a suitable resolution but in no event will ARC Imaging be liable for poor reproduction quality, delays, or consequential damages.
Unless otherwise specifically provided, ARC Imaging is not responsible to provide images 1) larger than the digital equivalent of 8”x10” at 300 dpi or 2) in a format higher than 8-bit or in RAW format. ARC Imaging has no obligation to retain or archive any MEDIA delivered to Client.
Fees: All fees and expenses payable under these terms are required no later than ten (10) business days from the delivery of the invoice and payable irrespective of whether the Client makes actual use of the MEDIA. If full payment has not been received within thirty (30) days all rights may be revoked at ARC Imaging’s discretion. In the event rights are revoked, all images in the possession of Client will be removed from all forms of media and permanently destroyed within ten (10) days. The Client shall provide ARC Imaging with written statement that all images have been removed and destroyed.
Session Terms/Cancellation: If the Client cancels a pre-agreed time and day of an appointment after ARC Imaging has departed his home-base or the previous photographic job, the Client is responsible for a minimum fee (at ARC Imaging’s discretion) and any expenses incurred. ARC Imaging reserves the right to reschedule any photo shoot if ARC Imaging or any of our photographers does not feel confident in the shoot location or its surroundings.
Property Condition: When photographing a property, the condition of the property shall be in a state to enable the Photographer to proceed at the scheduled time without pause. This will include the requirement that all vehicles will be away from the property, all available lights will be turned on and the house is in a condition that DOES NOT require any pause to rearrange, change or move any item that would slow down the shoot or cause the photographer to wait unless agreed to by the Photographer solely at the discretion of the Photographer. Any deviation may result in additional fees to the Client at the discretion of the Photographer and/or ARC Imaging.
No Exclusivity: These terms do not create an exclusive relationship between the parties. The Client is free to engage others to perform services of the same or similar nature to those provided by ARC Imaging, and ARC Imaging shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by ARC Imaging.
Transfer and Assignment: The Client may not assign or transfer these terms or any rights granted under it. The Images may not be sold, licensed, or transferred to any third party, including subsequent real estate agents, property owners, construction contractors, or marketing firms. The Images may not be substantially edited, altered, or manipulated without prior written consent from ARC Imaging, except for minor cropping or resizing for marketing purposes. The Images may NOT be used for purposes other than those specified in these terms, including, but not limited to, commercial advertising, stock photography, or resale. No amendment or waiver of any terms is binding unless in writing and signed by the parties. However, the invoice may reflect and the Client is bound by authorizations that could not be confirmed in writing because of insufficient time or other practical considerations.
Change of Situation: If the Client changes Brokerages, positions, or leaves the real estate profession altogether, the validity, legality and enforceability of the any provision within these terms/contract shall not be affected.
Indemnification: Client will indemnify and defend ARC Imaging against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the MEDIA or materials furnished by Client. It is the Client's responsibility to obtain the necessary model or property releases and ensure they are full effect and in force.
General Law/Arbitration: These terms sets forth the entire understanding and agreement of the parties, and supersedes any and all prior agreements between the parties. These terms shall be governed and interpreted and enforced in accordance with the laws of the State of Virginia. Any claim or litigation arising out of these terms or its performance may be maintained only in courts physically located in James City County, Virginia, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to these terms, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties.
Severability: If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
Waiver: No action of either party, other than express written waiver, may be construed to waive any provision of these terms and a single or partial exercise by either party of any such rights or remedies will not preclude further exercise of other rights or remedy.
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IN SIMPLER TERMS:
* These "Simpler Terms" are governed by the Terms and Conditions above which supersede these "Simpler Terms." If any portion of these "Simpler Terms" is found to contradict the Terms and Conditions above, or is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
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ARC IMAGING RETAINS ALL RIGHTS TO EVERY IMAGE WE TAKE.
We license the use of the images ONLY to the listing agent of the property at the time the photo is taken. The license of use is extended to the agent for the amount of time that the property is for sale under the commissioning agent.
Agents may also use ARC Imaging photographs for personal marketing of their general business in perpetuity. Any other media (photos featured in magazines, television, third party websites, etc) will require citation and payment may be required for extension of the license specific to these uses.
Photographs taken by ARC Imaging may not be passed on from one agent to another agent should the seller wish to change real estate agents, or passed from a For Sale By Owner if they wish to hire a licensed real estate agent without express permission from ARC Imaging. In these cases, the new listing agent will need to contact ARC Imaging. ARC Imaging (at its discretion) normally requires that the new listing agent purchase the photos.
We realize that the real estate profession is a competitive business. Although ARC Imaging owns all rights to any photograph it takes, we do not want to damage our relationship with any client by licensing work they commissioned to a competing agent if the prior agent does not consent. In these cases, ARC Imaging will be glad to shoot the property again for the new agent. If the prior agent DOES consent, ARC Imaging typically charges the new agent the full price we charged the prior agent - minus travel charges. ARC Imaging will, then, typically give a percentage credit to the prior agent.
We are fully committed to providing the best service possible to our customers. To that end, we try to be flexible and accommodating to how our customers use our images. We want to work with you to meet your needs. All we ask is that you discuss any transfer of medium with us before doing so. Generally, we will be happy to license use of our images as liberally as we feel able, but we must, and do, defend our rights to our images which will be governed by the Terms and Conditions above and supersede these "Simpler Terms" above and below.
CANCELLATION POLICY
ARC Imaging endeavors to meet as many of our clients’ needs as possible. Because of that, we value our clients’ time and treat it with the utmost importance.
At ARC Imaging’s discretion:
Clients may be charged our current minimum rate as a late cancellation fee​ if - for any reason - they cancel less than 24 hours of a scheduled shoot.
If our photographers have left their home base to go to the shoot, Clients will be charged our current minimum rate as a late cancellation fee PLUS any travel fees (if applicable).
PHOTO STORAGE
While ARC Imaging endeavors to maintain photo files for a period of one year, the client/agent is responsible for keeping photos once they are received by the client/agent. It is rare, but occasionally our servers/storage encounter failures and files can be lost. We are not responsible for the maintenance of photo files once they are delivered to the client.
HOME PREPARATION
It is the responsibility of the client/agent to have the home ready and in a condition that would result in photos reasonably pleasing to potential buyers. ARC Imaging typically does not move items within a home and reserves the right to refuse to do so based on limitations by our insurance company. If, at any point, our photographers/videographers needs to clean or straighten a room/home/property, ARC Imaging further reserves the right to add an additional charge for said work.
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MISCELLANEOUS
The safety of our photographers is of the utmost importance to us. We regret that in this day and age these precautions are necessary. We reserve the right to reschedule any photo shoot if ARC Imaging or any of our photographers does not feel confident in the shoot location or its surroundings.