3DOgraphy, LLC / Immersive VR Tours. REAL ESTATE PHOTOGRAPHY SERVICES AGREEMENT Scheduling and Policy Terms & Conditions. This Service Agreement (the "Agreement"). Is entered by and between Immersive VR Tours / 3DOgraphy, llc., a Matterport Service Partner and Photography Agency with a business address at 16124 Opal Creek Dr. Weston, Florida. 33331 (“Service Provider”), and (“Customer”). SCHEDULING AND CONTRACT INFORMATION Requests for photography and 3D virtual tour appointments should be submitted via our website www.ImmersiveVRTours.com, telephone or via email at info@immersivevrtours.com with as much detail as possible. We will reply back within 24 hours to verify the date, time and location of the shoot. Next day orders are sometimes difficult to schedule, cannot be guaranteed but we will always try our best to fit you in our schedule. Once both parties have acknowledged the date and time of the appointment, the appointment will be considered “booked”. Our service area consists of all of Broward and North Miami-Dade Counties; additional travel fees may apply for out of area bookings. AT THE PHOTO SHOOT The Client is responsible for the presence of an authorized representative at the shoot to approve the Photographer’s interpretation of the project. If a Client or Brokerage representative is not present, the Photographer’s interpretation shall be deemed acceptable. The photographer will make a reasonable effort to remove litter, stray objects, etc. from the rooms; however please note that this does not include things like making beds or arranging furniture. Agents are expected to have the property staging and cleaning completed prior to the photo shoot. All properties will be shot “As Is.” Your input is important when choosing the best rooms and angles to photograph. Absent your input, the photographer will use his/her best judgment and experience to decide how best to photograph the property. AFTER THE PHOTO SHOOT Delivery of photography: Once the images have been made, our in house editors will perform digital retouching and deliver to you within 24 hours, unless otherwise specified. You will be provided with a downloadable Dropbox link to the email address(es) you supply. All images will meet a minimum resolution of 3000 x 2000 pixels, usable for both Internet (MLS and print (for print sizes up to 8” x 10”.) Delivery of 3D virtual tour: Photographer will provide a URL and embed code for the completed Matterport Space(s) (which will include access to Guided Tours if ordered). Customer understands and agrees that all Matterport Spaces (including associated Guided Tours if ordered) are hosted solely on Matterport’s platform, and Customer will not receive any digital assets for Matterport Spaces. Photographer will make all of the foregoing 3D Services available to Customer within 72 hours after the date of the Capture Services. Customer can request that Matterport Spaces contain hidden “presented by” and “contacts” details for use on real estate MLS. Service Provider agrees to process and host the created Matterport Space(s) on the Matterport platform for a period of 6 months following the completion of Capture Services. This may be extended by customers request for an additional year for the cost of $49.00 per year. Customer acknowledges that: (a) Service Provider is an independent provider of the Capture Services and is not a contractor, employee or agent of Matterport; and (b) Service Provider is making the 3D Services available to Customer under a license between Matterport and Service Provider. ¬¬¬¬¬ ________ CANCELLATION, NO-SHOW AND INCLEMENT WEATHER If cancellation or re-scheduling is necessary, please do so with a minimum of 24 hours notice. Any shoot cancelled within 24 hours of a booked appointment is subject to a $25 Cancellation Fee. Arriving late beyond 30 minutes to an appointment will be considered a cancellation, and will be billed at the full rate of the shoot. Every effort will be made to accommodate a re- scheduling. In the event of inclement weather preventing photography, a new date will be scheduled at the earliest available time. RIGHTS AND USAGE All images produced for an Agent or Broker [Client] may be used by the Client for any and all marketing materials and campaigns associated with the property and for the Client’s self promotion. The photos may also be used by the Client’s parent company for the sole purpose of marketing the specific property photographed. Ownership of the images remains with the Photographer, and license is granted only to the Client and Client’s parent company, and not to any third party. Any usage of the images by a third party, including but not limited to, architects, builders, stagers, designers, sellers or buyers, is strictly prohibited unless approved in writing by the photographer. PRICING AND PAYMENT Photographer will supply an invoice with all photography fees detailed, delivered to the Client via email at the latest one day after the shoot. Payment is accepted via check, electronic transfer, and major credit card. Please mail checks payable to 3DOgraphy LLC. 16124 Opal Creek Dr. Weston, Florida 33331. Payment is due within 3 days of receipt of invoice or before images are to be delivered. Prices reflected on www.Immersivevrtours.com are for residential real estate properties only. HOLD HARMLESS Customer, at Customer’s own expense, will indemnify, defend and hold harmless Service Provider, its corporate affiliates and licensors, and their respective officers, directors, employees, representatives and agents (each a “Service Provider Indemnity”) from and against any claim, demand, action, class action, investigation or other proceeding, including but not limited to all damages, losses, liabilities, judgments, costs and expenses (including reasonable attorneys’ fees) arising from (each a “Claim”), brought by any third party against a Service Provider Indemnity to the extent that such Claim is based on, or arises out of: (a) a breach, or potential breach, of any of Customer’s obligations under this Agreement; (b) Customer’s use of the 3D Services; (c) any allegation that Customer has not obtained all consents, approvals, licenses, and permissions necessary for Customer, Service Provider or their respective subcontractors, as applicable, to have access to a Service Location captured in any 3D Service and/or to capture and use imagery of such Service Location; or (d) any alleged or actual fraud, gross negligence or willful misconduct of Customer or Customer’s subcontractors or agents. In the event of a claim in respect of which a Service Provider Indemnity seeks indemnification from Customer under this Section, the Service Provider Indemnity will promptly notify Customer in writing of the claim, cooperate with Customer in defending or settling the claim at Customer’s expense, and allow Customer to control the defense and settlement of the claim, including the selection of attorneys; provided, however, that Customer shall not settle any claim unless such settlement completely and forever releases the Service Provider Indemnity from all liability with respect to such claim or unless the Service Provider Indemnity consents to such settlement in writing. LIMITATION OF LIABILITY Except in connection with either party’s indemnification obligations hereunder, customer’s breach of a party’s gross negligence or willful misconduct: (a) to the maximum extent permitted by law, neither party, it’s affiliates or licensors shall be liable, under any contract, negligence, strict liability or other legal or equitable theory for any indirect, special, incidental, consequential, punitive or exemplary damages; and (b) in no event shall the total liability of either party, its affiliates or its licensors under this agreement exceed the total fees paid or payable to service provider hereunder during the twelve (12) month period immediately prior to the date the cause of action arose. Neither service provider nor Matterport shall be responsible or liable for any personal or confidential information captured or displayed in any 3D or photography service. Customer is responsible for preparation of each service location, and customer will be solely responsible for any objects or people displayed in any 3D or photography services.
