Terms

DAVE HORN UNLIMITED PHOTOGRAPHY
TERMS AND CONDITIONS

By booking services with Dave Horn Unlimited Photography (hereafter referred to as "DHUP", the client (hereafter referred to as "Client" agrees to the following Terms and Conditions.

COPYRIGHT AND OWNERSHIP

1.1 All photographs, video, virtual tours, virtual staging and other media created by DHUP are the property of DHUP and are protected by United States copyright law.

1.2 DHUP reserves the right to publish, print, display and otherwise use the images and video for its own promotional, portfolio, advertising and marketing purposes at any time.

1.3 The Client understands that no ownership of copyright is transferred. The Client is purchasing a limited license to use the media as set out in these Terms and Conditions.

LICENSE TO USE

2.1 DHUP grants to the Client and the Client's broker a non-exclusive, non-transferable license to use the images and video created for a specific property for all marketing purposes directly related to the sale or lease of that property and for the duration of the Client's listing contract with the homeowner or seller.

2.2 The Client and the Client's broker may also use the media for after-sale announcement postcards and social media or website announcements relating to that specific transaction.

2.3 The Client's broker may use these photos for its own marketing and branding, provided that such use is not in conflict with any separate written agreement with DHUP.

2.4 The license to use the media comes into effect only upon full payment of the relevant invoice(s). No use may be made of the media, including but not limited to MLS listings, websites, printed materials, social media, or any other publication, before payment in full without the express written permission of DHUP. Any permission given for prior use is automatically revoked if full payment is not received by the due date.

LICENSE RESTRICTIONS AND THIRD PARTY USE

3.1 This license is granted solely to the Client and the Client's broker. The media may not be sold, assigned, transferred, or given to any other party, including but not limited to architects, builders, stagers, designers, other agents, sellers, buyers, or third party vendors, without DHUP's prior written permission.

3.2 The listing homeowner may be given copies of the media for personal, non-commercial use only. The homeowner may not sell, license, or provide the media to another listing agent or any other party for commercial use without DHUP's prior written permission.

3.3 Any unlicensed use is a violation of copyright and may result in additional licensing fees, legal fees, and other remedies available to DHUP under law.

VIRTUAL STAGING, DIGITAL EDITING AND REVISIONS

4.1 Virtual staging and digital editing services are billed per image. The standard fee covers:
a. One staged or edited version of each ordered image, and
b. One round of minor text-based revisions (for example, small color tweaks or minor object adjustments).

4.2 Any change that requires:
a. Use of a different base photograph,
b. A different camera angle or composition, or
c. Substantial re-staging or redesign of the scene,
is considered a new staged or edited image and will be billed at the standard rate per image.

4.3 When DHUP is asked to select which images to stage or how to stage them, selection and design are made according to DHUP's professional judgment. Changes of preference after delivery, including requests for different angles, different rooms, additional furniture, or different decor, do not constitute an error by DHUP and will be treated as new staging work.

4.4 Revisions requested because the Client changes their mind about style, composition, room selection, or design concept are billable as new work unless otherwise agreed in writing.

4.5 DHUP will notify the Client when requested changes are likely to incur additional charges. Where practical, DHUP will provide an estimate and will only proceed after receiving written approval (including email or text) from the Client. When the Client expressly requests additional work after being informed that extra charges may apply, such direction constitutes approval of the associated fees.

IMAGE SELECTION AND ARTISTIC DISCRETION

5.1 There is no minimum or maximum number of images captured during any session. The number of final delivered images is determined by DHUP's professional judgment and the scope of work agreed with the Client.

5.2 Images selected for editing and delivery are determined by DHUP's artistic judgment. Not all images captured will be edited or delivered.

5.3 Photography and virtual staging are to some extent subjective. Unless DHUP has failed to follow a specific written brief, dissatisfaction with style, composition, angle, or artistic choices does not entitle the Client to free re-shoots, re-staging, or re-editing.

GENERAL RELEASE OF CLAIMS

6.1 Effective immediately upon execution of this agreement and in consideration of the services provided, the Client releases and forever discharges DHUP, its agents, employees, officers, successors and assigns, from any and all claims, demands, damages, actions, causes of action or suits of any kind, known or unknown, arising out of or relating in any way to the services provided by DHUP, except for claims arising from DHUP's gross negligence or willful misconduct if such a limitation is not enforceable under applicable law.

6.2 This Release contains the entire agreement between the parties with respect to the matters released and may not be altered or amended except by a written document signed by both parties.

6.3 This Release is binding upon the Client and the Client's heirs, executors, administrators, personal representatives, successors and assigns and shall be governed by the laws of the State of California.

INDEMNITY

7.1 While DHUP takes reasonable care in the performance of its services, DHUP shall not be liable for any loss or damage suffered by the Client or any third party arising from the use, misuse, or reproduction of any media or captions.

7.2 The Client agrees to indemnify and hold harmless DHUP from any claims, damages, or costs (including reasonable attorney fees) arising out of:
a. Use of the media by the Client or any party acting under the Clientâ??s authority,
b. Any failure by the Client to obtain necessary rights, releases, or consents, including but not limited to property releases, model releases, or trademark permissions, and
c. Any unlicensed reproduction or distribution of the media.

CLIENT RESPONSIBILITIES AND ACCESS

8.1 It is the Client's responsibility to obtain all necessary permissions for entry and photography at the property and to inform DHUP of any restrictions, rules, or policies that apply at the location.

8.2 DHUP is not liable for any injuries to the Client, the homeowner, guests, or third parties, nor for any property damage that may occur during the photo or video session, except to the extent required by law. The Client is not liable for injuries to DHUP personnel or damage to DHUP equipment unless caused by intentional or reckless conduct.

PAYMENT TERMS

9.1 Payment terms are strictly 72 hours from the date of invoice, payable by check to Dave Horn or by automated wire transfer, unless otherwise agreed in writing.

9.2 A 3 percent processing fee will be added to any credit or debit card, Venmo, or PayPal transaction.

9.3 DHUP reserves the right to charge late fees and recovery costs in accordance with applicable law. A late fee of ten percent (10 percent) of the original invoice amount may be applied to any invoice not paid by the due date.

9.4 If any invoice issued to the Client is not paid by the due date, then all unpaid invoices issued to the Client become immediately due and payable, and DHUP may pursue collection of the total outstanding balance.

9.5 A fee of fifty dollars ($50.00) may be assessed for each account reminder, duplicate invoice, or other correspondence required to pursue overdue invoices. This fee is non-refundable.

9.6 For clients with a history of late or non-payment, DHUP may require payment in full prior to delivery of any media.

9.7 DHUP reserves the right to suspend ongoing services, including but not limited to downloadable web pages, hosting, or distribution of media, if any invoice becomes overdue. DHUP may inform affected third parties that service has been suspended due to non-payment.

CANCELLATION, STANDBY, MULTIPLE VISITS AND TRAVEL

10.1 A booking is considered firm as of the date of confirmation.

10.2 If the Client cancels an appointment within 24 hours of the scheduled time, a cancellation fee of one hundred dollars ($100.00) will be charged.

10.3 If the property is not ready at the time of the appointment and DHUP is required to wait on site, a standby fee of twenty-five dollars ($25.00) per 15 minutes may be charged.

10.4 If the property is not ready and DHUP must return on a different day, a multiple-visit fee of one hundred dollars ($100.00) per additional visit will be charged.

10.5 Travel fees may apply for properties outside DHUP's standard service area. Any such fees will be disclosed in advance when possible.

EXPENSES AND ALTERATIONS TO ORIGINAL REQUEST

11.1 Where extra expenses or time are incurred by DHUP as a result of alterations to the original request by the Client, the Client's agency, or advertiser, or otherwise at their request, the Client agrees to pay such extra expenses and fees in addition to any prior estimates.

11.2 Alterations include, but are not limited to, changes in scope, additional rooms or areas to be photographed, additional video footage, added or changed virtual staging, and repeated visits to the property.

11.3 DHUP will make reasonable efforts to inform the Client of additional costs before incurring them. Written or electronic approval (including email or text) from the Client constitutes authorization for such additional charges.

ONLINE DELIVERY AND FILE ACCESS

12.1 Media is typically delivered via online links such as download pages, galleries, or file sharing services.

12.2 All delivery links, including but not limited to Dropbox and other file delivery platforms, may expire. Unless otherwise stated, links are active for 30 days. The Client is responsible for downloading and safely storing all files within that period.

12.3 Interactive virtual tour projects include 3 months of active hosting time, unless otherwise agreed. Additional hosting time is billed at twenty-five dollars ($25.00) per month after the initial 3 months.

12.4 All videos are generally produced to run approximately 1 to 3 minutes in length unless otherwise agreed in writing.

REJECTION

13.1 Unless a specific rejection fee has been agreed in advance, the Client has no right to reject media or demand free re-shoots, re-staging, or re-editing based solely on style, composition, angle, artistic judgment, or subjective dissatisfaction.

13.2 If the Client requires changes due to a failure by DHUP to follow a clearly documented written brief, DHUP will reasonably correct such issues at no additional charge. Disputes regarding whether DHUP followed the brief will be resolved in good faith, taking into account all written communications.

AUDIT RIGHTS ON CLIENT INSOLVENCY

14.1 In the event of the Client's death or bankruptcy, or, if the Client is a company, in the event a petition or order for winding up is made, or if a receiver is appointed, DHUP may inspect any records relating to the use and reproduction of the media to ensure that the media is being used only in accordance with the license granted.

APPLICABLE LAW

15.1 This agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

15.2 Any dispute arising under or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the state and federal courts located in California, unless DHUP elects otherwise.

VARIATION

16.1 These Terms and Conditions may not be varied except by a written agreement signed by both DHUP and the Client.

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