Terms and Conditions Summary
1. Liability Limits: The photographer's liability is capped at fees paid. They are not responsible for special, incidental, or consequential damages.
2. Image Ownership: The photographer retains full copyright ownership of all photographs and videos taken. Clients receive high-resolution JPEG images or MP4 videos without watermarks. RAW files are not provided. Images may be used for personal or commercial uses. Photo credit is required for online use, and no image alterations are allowed.
3. Usage License: All images and video delivered by AMK Imagery are licensed, not sold. Usage rights vary based on the type of property being photographed:
Real Estate Sales Listings:
Includes a non-transferable, non-exclusive license to use the media solely for marketing the property during its active listing period (up to 12 months). License expires once the property is sold, rented, or withdrawn.
Short-Term Rentals:
Includes a non-transferable, non-exclusive license to use the media for marketing purposes across rental platforms (Airbnb, VRBO, personal websites, etc.) for up to 6 years.
4. Digital Delivery: Images are processed and delivered within 24-48 hours. Hosting virtual tours is included for 3 months. Extensions are available for an additional fee, which will be communicated prior to the hosting period's expiration.
5. Cancellation Policy: Cancellations within 48 hours must be rescheduled within 7 days or liquidated damages equivalent to 50% of the session fee may incur. Reschedules are allowed within the same calendar year.
6. Re-Shoots: Re-shoots are offered at the photographer's discretion. The client must ensure the property is clean, staged, and ready. Additional fees may apply if the property is not prepared, causing delays or rescheduling.
7. Payment: Payment is due upon delivery. Files remain locked until payment is received. Online payment links are provided for convenience.
8. Location Costs: Clients cover any costs associated with the photoshoot location, including parking fees. The photographer will not arrange or prepay these costs.
9. Travel Fees: A travel fee of $1.50 per mile applies to any shoot requiring more than 50 miles round trip, up to a maximum travel distance of 200 miles round trip. Weekend sessions incur an additional $100 fee.
10. Model Release: The photographer may use images for promotional purposes, including advertising, social media, and website use. Clients indemnify against claims from themselves or third parties regarding image use.
11. Safe Environment: The photographer reserves the right to stop services due to unsafe conditions, such as severe weather, unsafe locations, or communicable diseases. Refunds are not provided in these cases. Clients are responsible for ensuring the safety of the environment.
12. Digital Backup: Clients are responsible for archiving their images. Online galleries are available for one year. The photographer does not archive images permanently and is not liable for technological changes that may affect image accessibility.
13. Indemnification: The photographer is not liable for injuries or property damage occurring during the event. Clients indemnify the photographer against any claims arising from the event.
14. Force Majeure: Services may be canceled or rescheduled due to uncontrollable events such as natural disasters, government actions, or other emergencies. Refunds are not issued in these cases, but rescheduling options may be provided where possible.
15. Breach: Breaches of the agreement may result in termination or litigation, with recoverable damages subject to liability limits. Infringement of the photographer’s rights will result in immediate action.
16. Jurisdiction: Missouri law governs this agreement, with disputes resolved in Morgan County, Missouri. Clients are responsible for all legal and collection fees if enforcement becomes necessary.
17. Execution: By placing this order, you acknowledge that you have read, understood, and agreed to these terms and conditions. This acknowledgment is legally binding.