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Select Products & Services
Home Still Photos (Interior and Exterior)
High Quality HDR/Flash Indoor/Outdoor photos, including Drone when possible. Sky replacement when needed, Sunset edit and Fireplace Fire edit when appropriate.
Interactive 360 Virtual Tour
The latest technology including high quality aerial and ground panoramas with schools and local attractions labeled. Interactive (and separate jpg) Floor Plan included. Music, and "Live" mode where you can meet inside the tour with a client remotely.
(NOTE: This option is only displayed to team members, not clients)
Terms
DAVE HORN UNLIMITED PHOTOGRAPHY TERMS AND CONDITIONS
Dave Horn Unlimited Photography ("DHUP") is a photography and media business based in Juneau, Alaska.
By booking services with DHUP, the client ("Client") agrees to the following Terms and Conditions.
COPYRIGHT AND OWNERSHIP
1.1 All photographs, video, virtual tours, digital edits, virtual-staging media, and other media created by DHUP remain the property of DHUP to the extent protected by applicable law.
1.2 DHUP reserves the right to publish, print, display, and otherwise use images, video, and other media for its own portfolio, promotional, advertising, and marketing purposes, unless otherwise agreed in writing before the assignment.
1.3 No transfer of copyright ownership is made to the Client. The Client receives only the limited license described in these Terms and Conditions.
LICENSE TO USE MEDIA
2.1 Upon full payment of all applicable invoices, DHUP grants the Client and the Client's broker a non-exclusive, non-transferable license to use media created for a specific property for marketing directly related to the sale or lease of that property.
2.2 The license generally remains effective for the duration of the Client's listing contract with the homeowner or seller.
2.3 The Client and the Client's broker may also use the media for after-sale announcement postcards, websites, social-media posts, and other announcements relating to the specific transaction.
2.4 The Client's broker may use the media for the broker's own marketing and branding relating to the property or completed transaction, provided that such use does not conflict with a separate written agreement with DHUP.
2.5 The license becomes effective only after full payment of the relevant invoice or invoices. No media may be used in an MLS listing, website, printed material, social-media post, advertisement, or other publication before payment in full unless DHUP gives express written permission.
2.6 Any permission given for use before payment is automatically revoked if full payment is not received by the due date.
LICENSE RESTRICTIONS AND THIRD-PARTY USE
3.1 The license is granted solely to the Client and the Client's broker. Media may not be sold, assigned, transferred, licensed, or provided for commercial use to another party without DHUP's prior written permission.
3.2 Restricted third-party uses include, but are not limited to, use by architects, builders, contractors, stagers, designers, property managers, other agents, sellers, buyers, media companies, and third-party vendors.
3.3 The listing homeowner may be given copies of the media for personal, non-commercial use only. The homeowner may not sell, license, transfer, or provide the media to another listing agent or any other party for commercial use without DHUP's prior written permission.
3.4 Any use outside the license granted by these Terms and Conditions may result in additional licensing fees and any other remedies available under applicable law.
VIRTUAL STAGING, DIGITAL EDITING, AND REVISIONS
4.1 Virtual staging and digital-editing services are billed per image unless otherwise agreed in writing.
4.2 The standard fee includes: a. One staged or edited version of each ordered image; and b. One round of minor text-based revisions, such as small color changes or minor object adjustments.
4.3 A request requiring any of the following is treated as a new staged or edited image and billed at the applicable rate: a. Use of a different base photograph; b. Use of a different camera angle or composition; c. Substantial redesign or re-staging of the scene; d. A different room selection; e. Additional furniture, decor, or design concepts; or f. A material change in the Client's original instructions.
4.4 When DHUP is asked to select which images to stage or determine how a space should be staged, those decisions are made using DHUP's professional judgment.
4.5 A change in the Client's preference after delivery does not constitute an error by DHUP and may be treated as additional billable work.
4.6 When practical, DHUP will inform the Client before proceeding with revisions that are likely to result in additional charges. Written or electronic approval, including approval by email or text message, constitutes authorization to perform and bill for the additional work.
IMAGE SELECTION AND ARTISTIC DISCRETION
5.1 There is no minimum or maximum number of images captured during a session unless a specific quantity is stated in writing.
5.2 The number of final images delivered is determined by DHUP's professional judgment and the agreed scope of work.
5.3 DHUP determines which images are selected for editing and delivery. Not all images captured will be edited or delivered.
5.4 Photography, video production, editing, and virtual staging involve professional and artistic judgment. Unless DHUP fails to follow a specific written brief, dissatisfaction with style, composition, angle, lighting, editing choices, image selection, or staging choices does not entitle the Client to free re-shoots, re-staging, or re-editing.
PROPERTY PREPARATION, ACCESS, AND CLIENT RESPONSIBILITIES
6.1 The Client is responsible for obtaining all permissions required for access to the property and for photography, video recording, drone operations, and related services.
6.2 The Client must inform DHUP in advance of any restrictions, hazards, rules, access limitations, occupancy issues, pets, security systems, or special requirements that may affect the assignment.
6.3 The Client is responsible for ensuring that the property is reasonably prepared and accessible at the scheduled appointment time.
6.4 DHUP is not responsible for moving heavy furniture, handling hazardous materials, securing pets, cleaning the property, or making repairs.
6.5 DHUP may decline to enter or remain at a property if conditions appear unsafe, unlawful, inaccessible, or materially different from the information provided when the assignment was booked.
6.6 If a property cannot reasonably be photographed because it is inaccessible, unsafe, unprepared, or subject to undisclosed restrictions, applicable cancellation, standby, or additional-visit fees may be charged.
DRONE OPERATIONS AND WEATHER-DEPENDENT SERVICES
7.1 Drone photography and video are subject to weather, visibility, airspace restrictions, Federal Aviation Administration requirements, local restrictions, property conditions, and DHUP's professional safety judgment.
7.2 DHUP does not guarantee that drone services can be completed on a specific date or during a particular appointment.
7.3 DHUP may postpone, modify, or decline drone operations when DHUP determines that conditions are unsafe, unlawful, impractical, or likely to produce unsatisfactory results.
7.4 When a return visit is required solely because weather or lawful airspace restrictions prevent drone operations, DHUP will discuss available options with the Client. Additional travel or visit fees may apply when appropriate.
LIMITATION OF LIABILITY
8.1 DHUP will use reasonable professional care in performing its services.
8.2 To the fullest extent permitted by applicable law, DHUP is not liable for indirect, incidental, special, punitive, or consequential damages, including lost profits, lost commissions, delayed listings, lost sales, or lost business opportunities.
8.3 To the fullest extent permitted by applicable law, DHUP's total liability arising from a specific assignment shall not exceed the amount paid to DHUP for the portion of the services giving rise to the claim.
8.4 Nothing in these Terms and Conditions excludes liability that cannot lawfully be excluded or limited, including liability arising from gross negligence or willful misconduct where such a limitation would be unenforceable.
INDEMNITY
9.1 The Client agrees to indemnify and hold harmless DHUP from claims, damages, losses, liabilities, and reasonable costs, including attorney fees where recoverable, arising from: a. Use or misuse of the media by the Client or any party acting under the Client's authority; b. Instructions, captions, descriptions, claims, or representations supplied by the Client; c. The Client's failure to obtain necessary permissions, rights, releases, or consents; d. Undisclosed hazards, restrictions, or access issues at the property; or e. Unlicensed reproduction, distribution, transfer, or use of the media by the Client or a party receiving the media through the Client.
9.2 This indemnity does not apply to the extent that a claim results from DHUP's gross negligence or willful misconduct.
PAYMENT TERMS
10.1 Unless otherwise agreed in writing, payment is due within 72 hours of the invoice date.
10.2 Payment may be made by check payable to Dave Horn, electronic bank transfer, or any other approved payment method stated on the invoice.
10.3 When permitted by applicable law and the applicable payment-network rules, DHUP may add a separately disclosed processing surcharge to a credit-card payment. Any such surcharge will not exceed the applicable limit and will be disclosed before the transaction is completed.
10.4 No credit-card surcharge will be applied to a debit-card or prepaid-card transaction.
10.5 Any permitted processing fee associated with an optional third-party payment platform will be disclosed before the payment is completed.
10.6 DHUP may assess a late charge on an overdue invoice in an amount not exceeding the lesser of: a. One and one-half percent (1.5 percent) per month; or b. The maximum amount permitted by applicable law.
10.7 If any invoice is not paid by its due date, DHUP may suspend delivery, access, hosting, downloading, distribution, and further services until the outstanding balance is paid.
10.8 If any invoice issued to the Client remains unpaid after its due date, DHUP may declare all unpaid invoices issued to the Client immediately due and payable.
10.9 The Client is responsible for reasonable collection costs and other recovery costs to the extent permitted by applicable law.
10.10 For Clients with a history of late payment or non-payment, DHUP may require advance payment before scheduling an assignment, delivering media, or providing further services.
CANCELLATION, STANDBY, AND MULTIPLE VISITS
11.1 A booking is considered firm when DHUP confirms the appointment.
11.2 If the Client cancels or reschedules an appointment within 24 hours of the scheduled time, a cancellation fee of one hundred dollars ($100.00) may be charged.
11.3 If DHUP is required to wait at the property because the property is not ready or accessible at the scheduled appointment time, a standby fee of twenty-five dollars ($25.00) per 15 minutes may be charged.
11.4 If DHUP must return on another day because the property is not ready, accessible, or reasonably photographable, a multiple-visit fee of one hundred dollars ($100.00) per additional visit may be charged.
11.5 Additional travel charges may also apply when an additional visit requires travel outside DHUP's standard service area.
TRAVEL FEES AND REMOTE ASSIGNMENTS
12.1 DHUP's standard local service area generally consists of road-accessible locations within Juneau and Douglas, Alaska, unless otherwise stated.
12.2 Travel fees may apply for assignments outside DHUP's standard local service area.
12.3 For any assignment requiring travel outside the Juneau-Douglas road system, including travel by aircraft, ferry, boat, charter service, rental vehicle, taxi, rideshare, or other transportation, all travel-related costs shall be paid by the Client.
12.4 Travel-related costs may include, but are not limited to: a. Airfare; b. Ferry fares; c. Boat or aircraft charter costs; d. Baggage fees; e. Rental vehicles; f. Taxi, rideshare, shuttle, or local-transportation costs; g. Parking; h. Lodging; i. Meals; and j. Other reasonable expenses required to complete the assignment.
12.5 Any Remote Travel Fee, travel-day charge, or other service-area fee is separate from reimbursement of travel-related expenses.
12.6 A Remote Travel Fee, travel-day charge, or service-area fee compensates DHUP for travel time, scheduling limitations, reduced availability for other assignments, coordination time, and the additional operational demands associated with remote work.
12.7 When practical, DHUP will provide an estimate of anticipated travel expenses before the assignment is confirmed.
12.8 If travel costs change after booking due to availability, carrier pricing, schedule changes, weather, or other circumstances outside DHUP's reasonable control, the Client remains responsible for the actual travel-related costs incurred.
12.9 Travel arrangements may be: a. Booked directly by the Client when approved in advance by DHUP; or b. Booked by DHUP and billed to the Client.
12.10 DHUP may require advance payment of estimated travel expenses before transportation, lodging, or other travel arrangements are reserved.
12.11 Assignments requiring travel by aircraft, ferry, boat, or other scheduled transportation are subject to scheduling confirmation by DHUP.
12.12 DHUP is not responsible for delays, cancellations, missed connections, or additional expenses caused by transportation providers, weather, mechanical issues, government restrictions, or other circumstances outside DHUP's reasonable control.
ADDITIONAL EXPENSES AND CHANGES TO THE ORIGINAL REQUEST
13.1 If the Client, the Client's agency, or another authorized party requests changes that result in additional time, work, travel, or expense, the Client agrees to pay the additional fees and expenses.
13.2 Additional work may include, but is not limited to: a. Changes in the scope of the assignment; b. Additional rooms, structures, or areas to be photographed; c. Additional video footage; d. Additional drone operations; e. Added or revised virtual staging; f. Re-editing; g. Additional file formats; h. Repeated visits to the property; and i. Changes requested after the assignment has begun.
13.3 When practical, DHUP will inform the Client of additional costs before incurring them.
13.4 Written or electronic approval, including approval by email or text message, constitutes authorization for the additional work and associated charges.
ONLINE DELIVERY, FILE STORAGE, AND HOSTING
14.1 Media is typically delivered using online download pages, galleries, file-sharing services, or similar platforms.
14.2 Delivery links may expire. Unless otherwise stated, the Client is responsible for downloading and safely storing all delivered files within 30 days of delivery.
14.3 DHUP does not guarantee permanent storage, indefinite availability, or replacement of files after the applicable delivery period.
14.4 Interactive virtual-tour projects include three months of active hosting unless otherwise agreed in writing.
14.5 After the initial three-month hosting period, additional virtual-tour hosting is billed at twenty-five dollars ($25.00) per month unless otherwise stated.
14.6 Videos are generally produced to run approximately one to three minutes unless otherwise agreed in writing.
REJECTION, CORRECTIONS, AND SUBJECTIVE DISSATISFACTION
15.1 Unless a specific written rejection provision has been agreed in advance, the Client may not reject delivered media or demand free re-shoots, re-staging, or re-editing based solely on subjective dissatisfaction.
15.2 Subjective dissatisfaction may include disagreement concerning style, composition, camera angle, image selection, lighting, editing, staging design, decor, or other artistic choices.
15.3 If DHUP fails to follow a clearly documented written brief, DHUP will make reasonable efforts to correct the issue without additional charge.
15.4 Any disagreement concerning whether DHUP followed the written brief will be addressed in good faith using the written communications between the parties.
DELAYS AND EVENTS OUTSIDE DHUP'S CONTROL
16.1 DHUP is not responsible for delays, cancellations, or reduced performance caused by circumstances outside DHUP's reasonable control.
16.2 Such circumstances may include, but are not limited to: a. Severe weather; b. Poor visibility; c. Transportation delays or cancellations; d. Airspace restrictions; e. Equipment failure despite reasonable maintenance; f. Internet or platform outages; g. Power outages; h. Illness or emergency; i. Fire, flood, earthquake, or other natural event; j. Government action; and k. Unsafe or inaccessible property conditions.
16.3 When practical, DHUP will communicate with the Client and make reasonable efforts to reschedule or complete the affected services.
RECORD REVIEW FOLLOWING INSOLVENCY
17.1 If the Client dies, becomes bankrupt, enters insolvency proceedings, or ceases business operations, DHUP may request reasonable records concerning the Client's use or distribution of the media for the limited purpose of determining whether the media has been used in accordance with the license granted by these Terms and Conditions.
APPLICABLE LAW AND VENUE
18.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Alaska, without regard to its conflict-of-law principles.
18.2 Any dispute arising under or relating to these Terms and Conditions shall be brought in a court of competent jurisdiction located in Juneau, Alaska, unless the parties agree otherwise in writing or applicable law requires a different venue.
SEVERABILITY
19.1 If any provision of these Terms and Conditions is determined to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in effect to the fullest extent permitted by law.
19.2 Any invalid, unlawful, or unenforceable provision shall be interpreted or modified only to the minimum extent necessary to make it enforceable where permitted by law.
ENTIRE AGREEMENT AND VARIATION
20.1 These Terms and Conditions, together with the applicable invoice, order form, written estimate, and any written agreement signed or electronically accepted by the parties, constitute the agreement between DHUP and the Client concerning the services ordered.
20.2 These Terms and Conditions may be modified only by a written agreement or written electronic communication accepted by both DHUP and the Client.
20.3 If an invoice, order form, or written estimate expressly conflicts with these Terms and Conditions, the more specific written provision controls for that assignment.
ELECTRONIC ACCEPTANCE
21.1 Booking an appointment, approving an estimate, submitting an order, making a payment, or instructing DHUP to proceed with services constitutes acceptance of these Terms and Conditions.
