Terms

Terms Of Service

1. Scope of Work:
1.1 - This agreement between Enthusiast Arts LLC (Pitography, DBA) and any of its employees and/or contractors (hereafter referred to as "photographer") and booking party (hereafter referred to as "client") is for services and products related to a photography shoot (hereafter "shoot" or "the shoot") to take place at the agreed upon time and place.

1.2 - PHOTOGRAPHER IS to arrive for the SHOOT at the scheduled time at the agreed-upon location(s). The property will be photographed as-is upon arrival. Any reshoots booked due to the property not being prepared at the original shoot will be subject to a reshoot fee.

1.3 - PHOTOGRAPHER will perform post-processing or digital image editing services on these photos where artistically necessary.

1.4 - PHOTOGRAPHER may agree to provide preview media for CLIENT to view after the editing process, and is not required to provide more than 5 preview items.

2. Fees:
In consideration of the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum charged by PHOTOGRAPHER at the time of delivery. PHOTOGRAPHER agrees to not advertise availability of this same time slot to any other potential clients. If CLIENT cancels this shoot for any reason, all payments will be subject to the cancellation policy set forth by PHOTOGRAPHER.

3. Work Product:
3.1 - CLIENT understands and agrees that any proofs that may be provided to them are the exclusive property of PHOTOGRAPHER and CLIENT has no right to this media except for a license to review them, but not store the proofs in any way.

3.2 - PHOTOGRAPHER agrees to license media to CLIENT from the SHOOT. All media delivered to CLIENT is licensed to CLIENT for the use of advertising the photographed property that is listed or to be listed for sale or for rent. CLIENT may not assign this license to anyone else without the express written consent of PHOTOGRAPHER.

3.3 - CLIENT agrees that none of the media is to be used for any marketing of the subject property outside of the purpose for which they are initially shot without the express written consent of PHOTOGRAPHER. This includes but is not limited to, using MLS photos from a sale to advertise the same property as a rental or using the photos for an MLS listing that is separate from the initial listing. Licensing rights are not transferrable.

3.4 - When CLIENT is a Real Estate Sales Associate or Broker, CLIENT may use photos to advertise their real estate transaction history in perpetuity.



3.5 - CLIENT understands and agrees that any media provided to them is the exclusive property of PHOTOGRAPHER and CLIENT does not own this media but is licensing it for a period of time or specific purpose.

4. Indemnification:
4.1 - PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or location during the SHOOT. CLIENT is encouraged to provide a suggested photo list to PHOTOGRAPHER no less than 24 hours prior to the SHOOT to include photos that CLIENT would like PHOTOGRAPHER to shoot, but PHOTOGRAPHER is not liable for capturing any of the photos on the list.

4.2 - If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside their control, such as fire, flood, casualty, act of God or terrorism, illness, or any other reasonable cause outside the photographer's control or expectation, CLIENT agrees to indemnify PHOTOGRAPHER for any loss damage or liability; however, PHOTOGRAPHER will return all payments made by CLIENT to PHOTOGRAPHER in relation to this SHOOT.

4.3 - CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER and Enthusiast Arts LLC for any liability, damage, or loss related to technological failure. Cameras, hard drives, and memory cards are subject to technical failure. PHOTOGRAPHER will take reasonable steps to prevent data loss but is not liable for loss of data due to technical failure.

4.4 - CLIENT understands and agrees that PHOTOGRAPHER is required to retain copies of a reasonable number of media files from the SHOOT for 60 days after the SHOOT. After this period has expired, PHOTOGRAPHER has no duty to retain copies or originals of files or photos from the SHOOT. It is the responsibility of CLIENT to purchase, store, and/or backup photos after the 60-day period. This clause is subject to the limitations in Section 4.3 of this Contract.

4.5 - CLIENT understands and agrees that PHOTOGRAPHER may have cords, light stands, and other gear at the location. CLIENT will hold PHOTOGRAPHER harmless for any damage, personal injury, or loss caused by tripping over or otherwise being injured from this equipment. CLIENT further agrees to hold PHOTOGRAPHER harmless for any personal injury that may occur as the CLIENT works with or near PHOTOGRAPHER.

4.6 - CLIENT agrees and understands that the quality of a photograph or video is entirely subjective. PHOTOGRAPHER will strive to present media in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT unless previously agreed upon.

4.7 - CLIENT agrees and understands that PHOTOGRAPHER may perform digital retouching of media. CLIENT is responsible for ensuring that the retouched media does not display the subject property or location in a manner that is misleading or constitutes false advertising.

5. Duty of Client:
5.1 - CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph or tale video at the SHOOT. PHOTOGRAPHER has no duty to obtain permission of buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to PHOTOGRAPHER, or which prevent PHOTOGRAPHER from capturing the event(s) or location(s) is not the fault, liability, or responsibility of PHOTOGRAPHER. CLIENT agrees to indemnify PHOTOGRAPHER for any fines that are incurred as a result of proper permissions not being obtained by CLIENT.

5.2 - If CLIENT fails to provide access to the location for PHOTOGRAPHER at the scheduled time of the SHOOT, CLIENT is responsible for paying any reshoot fees..

6. Property Release:
CLIENT represents to PHOTOGRAPHER that CLIENT has the right to photograph or video the location, building, or real estate that is the subject of this shoot. CLIENT agrees that PHOTOGRAPHER may use any or all of the media taken in advertising, trade, or for any commercial purpose. PHOTOGRAPHER has full rights to use any meida from this shoot in any legal manner.

7. Arbitration:
Any dispute arising under or in any way related to this agreement shall be submitted to binding arbitration by the American Arbitration Association in accordance with the Association's commercial rules then in effect. The arbitration shall be conducted in the state of Florida. The arbitration shall be binding on the parties.

8. Assignability and Parties of Interest:
CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific photographer. PHOTOGRAPHER may sub-contract or assign this contract to any second-shooter, PHOTOGRAPHER may assign any photographers associated with ENTHUSIAST ARTS LLC to perform its duties under this contract. All photographers must be capable and competent to perform the services in a workmanlike manner.

9. Entire Agreement:
This Agreement constitutes a single integrated Contract expressing the agreement of CLIENT and PHOTOGRAPHER with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions with respect to the subject matter hereof, and, except as specifically set forth herein, there are no other agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter hereof.

10. Amendment and Waiver:
This Agreement and each provision hereof may be amended, modified, supplemented, or waived only by a written document specifically identifying this Agreement and duly executed by each party hereto or the authorized representative of such party.

11. Venue and Jurisdiction:
This Contract is governed by the laws of the state of Florida and federal courts in that district. CLIENT and PHOTOGRAPHER agree to subject themselves to the laws of this state except for as provided in the arbitration clause. CLIENT and PHOTOGRAPHER hereby waive the right to object to venue within this state.

12. Severability:
If any part of this Agreement is determined to be void, invalid, inoperative, or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, such decision shall not affect any other provisions hereof and the remainder of this Agreement shall be effective as though such void, invalid, inoperative or unenforceable provision had not been contained herein.



13. Signatures:
By selecting "I agree" or otherwise indicating acceptance electronically, CLIENT acknowledges and agrees that such action shall constitute their valid and legally binding electronic signature, equivalent to the execution of a physical signature, and the CLIENT'S consent to be bound by the terms and conditions set forth in this agreement. CLIENT further acknowledges that they have read, understood, and agreed to the terms of this agreement.

  I Agree * required