By accepting these terms and conditions by Znap Fly, LLC (hereafter referred to as “Znap Fly”) The Client (hereafter referred to as “CLIENT”) agree to the following:
Znap Fly, LLC (Znap Fly) reserves the rights of the images to publish, print and/or use for promotional purposes. The Client grants Znap Fly, LLC and his/her successors, legal representatives and assigns the irrevocable and unrestricted right to use and alter the material for commercial, promotional, marketing, competition or other purposes without compensation and hereby release and shall hold harmless Znap Fly, LLC and his/her successors, legal representatives and assigns from all claims or liability resulting from or associated with the use of the material.
Client has the right to publish, print, copy and distribute images after receipt is paid in full. Title to all photographs and videos remain the property of the Znap Fly.
The License to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the video and/or photographs before payment in full of the relevant invoice(s) without Znap Fly and or any of its officers express permission; this includes all social media and/or MLS postings. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. Where use is restricted in the Agreement, permission to use the video and/or photographs for other purposes will normally be granted upon payment of invoice.
The Agency and Advertiser may be authorized to publish photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use the photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the License to Use the Photographer shall be entitled to use the photographs for any purposes
General Liability Release of Claims: Effective immediately upon execution, Client, for and in consideration of the payment to Znap Fly, LLC, the receipt and sufficiency of which is hereby acknowledged, do hereby release and forever discharge Znap Fly, LLC, their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned, but all expressly denying liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, which I now have or may hereafter have, arising out of or in any way relating to any and all injuries and damages of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way relating to the services provided by Znap Fly, LLC. It is understood and agreed that this payment is made and received in full and complete settlement and satisfaction the causes of action, claims and demands mentioned herein; that this Release contains the entire agreement between the parties; and that the terms of this agreement are contractual and not merely a recital. This Release may not be altered, amended or modified, except by a written document signed by both parties. Furthermore, this Release shall be binding upon the Client, and their respective heirs, executors, administrators, personal representatives, successors and assigns. This Release shall be subject to and governed by the laws of the State of California.
Indemnity: While Znap Fly takes all reasonable care in the performance of this agreement generally, Znap Fly and or any of its officers shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any image or its caption.
- The Client agrees to indemnify Znap Fly in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by Znap Fly
- It is the Client who must satisfy him/herself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Znap Fly gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any image. In the event that the image issued or reproduced by or with the authority of the Client then the Client shall indemnify Znap Fly against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
- There is no maximum or minimum amount of images taken during photo/video session. Images chosen to be edited are determined by Znap Fly’s artistic judgement. Images are edited at the discretion of Znap Fly. Not all Images taken will be edited
It is the Client’s responsibility to obtain permission for entry at all applicable locations and to advise the Znap Fly Team of any restrictions or policies in place at all applicable location.
- Znap Fly is not liable for client/guest injuries or damages to properties that may occur during photography session. Client is not liable for injuries or damages to Znap Fly team or property during photo/video shoot.
- Payment terms are strictly 72-hours from date of invoice by check made payable to “Znap Fly, LLC” or by automated wire transfer. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment of commercial debts act if we are not paid according to agreed credit terms. A 3% processing fee will be added to any credit/debit card transaction. A late charge will be paid by the Client to Znap Fly in the amount of 10% of the original invoice owed. If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 30 days from the issue date, and that in Znap Fly may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
- Shall late and/or non-payment of invoices occur, a second time, payment will be required prior to video/photo delivery. New Clients and/or Clients without consistent client history established are required to pay the total invoice prior to the appointment date.
- A fee of $120.00 may be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuing of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
- The photographer reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of images, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
- In the event of a Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, the photographer may at any time thereafter inspect any records, accounts and books relating to the reproduction of their images to ensure that the images are being used only in accordance with the reproduction rights granted to the Client.
Expenses: Where extra expenses or time are incurred by the Photographer as a result of alterations to the original requests by the Client/Agency or the Advertiser, or otherwise at their request, the Client/Agency shall give approval to and is responsible to pay such extra expenses and/or fees associated with additional time spent at the project in addition to the expenses shown as having been agreed or estimated.
- Cancellation: A booking is considered firm as of the date of confirmation. An appointment/booking may be cancelled, however if cancelling within 24 hours of appointment time a $100.00 fee will be charged.
- Standby: If property is not ready at the time of appointment a fee will be applied at $25/per 15 minutes.
- Multiple visit fee: $75.00 per visit will be applied if property is not ready upon team arrival and rescheduling is required.
- Travel fees may apply.
- Additional production costs will be applied for revisions and edits following final video completion. $100.00 per revision will be applied.
- All videos are produced to run 1 – 3 minutes in length.
- All projects with Matterports will include 3 months of active time. Additional time will cost 25$ per month after the initial 3 months.
Rejection: Unless a rejection fee has been agreed in advance, there is no right to reject a product on the basis of style or composition.
Right to a Credit: If the box on the estimate and the license marked `Right to a Credit’ has been ticked the Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By ticking the box overleaf the Photographer also asserts his/her statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
Supply to Third Parties: The license only applies to the advertiser and product as stated on the front of the form.
Electronic Storage: Save for the purposes of production for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
1a. All links expire including but not limited to Dropbox™ and/or Matterport™. Files located on these websites are to be saved to your computer as links expire past 30 days.
Applicable Law: This agreement shall be governed by the laws of California.
Variation: These Terms and Conditions shall not be varied except by agreement in writing.