terms of service
REAL ESTATE MEDIA AGREEMENT
These Terms of Service outline the rules and regulations for the use of Real Cinema Production LLC (hereinafter referred to as “RCP”) website and or services. By accessing or using the Site in any manner, including, but not limited to, visiting, or browsing the Site or contributing content or other materials to the Site, you signify your acceptance of this policy and agree to be bound by these Terms of Service. These Terms of Service operate in conjunction with the company’s Privacy Policy (found below and at the bottom of every page at realcinemapro.com).
Work Product Ownership
Any copyrightable works, intellectual property, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part by RCP shall be the exclusive property of RCP.
RCP reserves the right to use video, and photos for advertising, display, publication, or other purposes. All photos, samples, videos, and proofs remain the exclusive property of RCP unless waived by amendment to this agreement. The unauthorized use of photographs/video is a copyright violation and will result in the termination of this our written contract.
Limited License
To provide the Client with the best service and products we can offer, RCP does not sell exclusive rights to the Work Product, content, or intellectual property produced, instead we license their use. Here are the license restrictions and your rights as a Client/User:
• As a Real Estate Agent/Professional Client, only you have permission to use the delivered photos and video on any electronic or printed forms of advertisement for the promotion of the listing. License is limited to the duration specified in your Listing Agreement, subject to applicable renewals.
• As an Owner or Developer/Investor/Prospect for commercial, land and residential properties, you have permission to use the delivered photos and video on any electronic or printed forms of advertisement for the duration specified in your customized quote and contract, subject to applicable renewals.
• “Third Parties” (i.e., builders, stagers, designers) that wish to use photographs or video must contact RCP directly for licensing. If RCP allows others to use the images additional licensing fees may apply.
• If more than one party additional to Client (i.e., builder, interior designer, broker, architect) wishes to use the images, please communicate with RCP and we will establish a reasonable payment bracket to make it fair and affordable for all parties to make use of the work.
• For image integrity and quality control, RCP asks that photographs and video not be altered once delivered. Re-sizing is an exception.
• Client may not make or permit any alterations, including but not limited to additions, subtractions, or adaptations of the Images, inclusions of watermarks and other alterations made with respect to their use in any other materials. Permitted alterations include cropping images and alterations of contrast, brightness, and color balance that are consistent with common reproduction needs.
• Photo credit must be given to RCP when used on any and all social media sites.
• Photographs and video will not be made available to another agent or real estate professional who takes over an expired or withdrawn listing, unless previously approved by RCP.
• It is prohibited for Client to assign, resale, transfer, or simply give photography or video to another real estate professional or person who takes over an expired or withdrawn listing.
• Unauthorized use of images is a copyright violation and will result in termination of this contract. Copyright is not and will not be transferred to any other party.
• RCP (as photographer and videographer) retains the copyright and ownership of all images from the photo session and reserves the right to reproduce images for portfolio, studio display, gallery display, website, self-promotion, photo contests, teaching classes, other uses deemed appropriate. RCP covenants not to use the Product in a way that interferes with your rights as Client.
• RCP reserves all rights not granted to agents by this agreement. If RCP discovers that someone is infringing on the copyright agreement, the Client (and or agent) agrees to cooperate with RCP in their efforts to stop the infringement and/or collect damages.
Usage
The Work Product provided by RCP may be uploaded to any social media, personal website, or MLS listing services by the Client, for the promotion of the listing during the pendency of this Agreement, or as a part of listing portfolio to be used for lead generation or soliciting new business. However, regardless of any terms and conditions of the MLS, at no time does this Agreement provide the right to transfer copyright, licenses, or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106.
Media Release
The Client hereby waives any right to inspect or approve future use of the Work, Intellectual Property not associated with the services that may be used in conjunction with them now or in the future, whether that use is known or unknown so long as its use does not contain Client’s name, logo, likeness, or any person or pet directly associated with Client that is readily identifiable. Client waives any right to royalties or other compensation arising from or related to the approved use of Client’s image and/or likeness.
Property Owner Approval
The Client may need to obtain written signed approval from the property owner prior to servicing or producing the Work Product. RCP can provide (at request) a written approval form. RCP makes every effort to maintain the privacy of the property owner's neighbors. All footage is focused on the property being filmed and RCP will do their best to respect the privacy of anyone not directly involved. If necessary, the Client may be required to ask for permission from neighbors before RCP begins filming.
Liability, Indemnification and Hold Harmless
Waiver
In consideration of the service(s) to be conducted and project(s) to be produced at the premises, its satellite, or other extensions of said premises related to this project, I, myself, my business, or any other entity I represent including my broker, clients, heirs, representatives or assignees, do hereby release, waive, discharge, and covenant not to sue Real Cinema Productions LLC, hereafter referred to as "RCP", its trustees, directors, officers, employees, contractors, and/or agents from liability from any and all claims including negligence resulting in personal injury, accidents, or illnesses (including death) and property loss arising from the use of or presence at said premises.
Limitation of Liability and Damages
Real Cinema Productions LLC, its affiliates, employees, officers, representatives, service providers and its suppliers shall not be responsible for nor be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the site, the service, the member creation, the member works, the third party content, or information contained within the site, including, but not limited to, your downloading or uploading of any material or documents or your use of any application or functionality associated with the site or service, even if Real Cinema Productions LLC has been advised of the possibility of such damages.
Indemnification
You agree to indemnify, defend and hold harmless Real Cinema Productions LLC, its officers, directors, employees, agents, licensors, suppliers and any third-party service providers to the Site and/or Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising from: any breach of these Terms or of any representation, warranty, or covenant you make herein; your access to and use of the Site; your use of the Service; your creation, your use of the Third Party Content; and your grant of rights and licenses to Real Cinema Productions LLCpursuant to these Terms.
Termination
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links to Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by RCP. RCP has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
Governing Law and Jurisdiction
These Terms of Service (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Florida, Miami-Dade County, United States, without giving effect to any principles of conflicts of law. Without limiting the arbitration obligations set forth below, you agree to submit to the jurisdiction and venue of the state and Federal courts of Miami-Dade County, Florida for the purposes of these Terms of Service. You agree that any cause of action arising out of or related to the services or us must commence within (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Disputes
Any dispute regarding this agreement shall, at RCP’s sole discretion, either: (1) be arbitrated in Miami, FL, under rules of the American Arbitration Association and the laws of Florida; provided, however, that irrespective of any specific provision in the rules of the American Arbitration Association, the parties are not required to use the services of arbitrators participating in the American Arbitration Association or to pay the arbitrators in accordance with the fee schedules specified in those rules. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $5,000 or less may be submitted without arbitration to any court having jurisdiction thereof; OR (2) be adjudicated in Miami, FL under the laws of the United States and/or state of Florida; OR (3) In the event of a dispute, Client shall pay all court costs, RCP’sreasonable legal fees, and expenses, and legal interest on any award or judgment in favor of RCP.
Changes To This Agreement/Modification
RCP reserves the right, in its sole discretion, to modify or replace any of these Terms of Service (including, without limitation, RCP’s Privacy Policy, for the avoidance of doubt), or change, suspend, limit, or discontinue the Site or Services (including, without limitation, the availability of any feature, database, or content) at any time. If such modification is material, RCP will post a notice on the Site or send you notice through the Services, via e-mail, or by another appropriate means of electronic communication. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Legal Equivalency
These Terms of Use and any other electronic documents, policies and guidelines incorporated herein shall be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable against any party hereto as a signed writing; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Any electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding shall, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
Severability
If one or more of the provisions contained in the Agreement is found to be invalid, illegalor unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
Operations & Guidelines
Welcome to Real Cinema Productions (“RCP”). We’re glad you are here. Below you will find the important guidelines we adhere to in order to bring you service of the utmost quality.
PROPERTY PREPARATION, PETS, AND REQUESTS
▪ Client authorizes us to come to the Property and capture Media.
▪ Client will ensure the Property is ready for photographing prior to the scheduled shoot time. Note: Photographer will not be responsible or liable for any staging, cleaning, dusting, or moving of furniture.
▪ Client will ensure any pets are contained during the media session, and no pets will be included in the photographs or media, unless agreed-upon by Client and RCP.
▪ Client shall ensure that there are no hazards to the photographer’s safety.
Special Requests
▪ All special requests must be received by Photographer at least one (1) calendar day prior to the session. This will allow to better prep our approach and gear to make sure you are satisfied with the final product.
Neighbors & Property Owner Approval (If Applicable)
▪ If the Client is required to obtain written signed approval from the property owner prior to producing the Media, RCP can help by providing a Written Approval Form to gain approval and facilitate the media session.
▪ RCP makes every effort to maintain the privacy of the property owner's neighbors.
All footage is focused on the property being filmed and RCP will do their best to respect the privacy of anyone not directly involved. If necessary, the Client may be required to ask for permission from neighbors before RCP begins filming.
CANCELLATION, RESCHEDULE AND LATE ARRIVAL
▪ If the Client fails to show the day of Media Session or provide appropriate access and materials, the entire Photographer’s Total Fee is due immediately.
▪ We understand that sometimes unexpected delays or events can occur, resulting in schedule adjustments. If you need to cancel or reschedule your appointment, we respectfully request at least a 24-hour notice. If the Client requests to reschedule or cancels in less than twenty-four (24) or fewer hours before the agreed upon event date, a cancellation fee of $150 will be due to RCP.
▪ In the event of a medical emergency or undesirable weather conditions, the session may be rescheduled, and the cancellation fee waived at the discretion of RCP.
COMPLETION, DELIVERY, AND EDITING COMMENTS
▪ RCP will provide an online gallery for Client’s review and download accessibility.
▪ When you receive Media from us please check them to be sure they are acceptable. If you encounter an issue or require any revisions to your content, please let us know within five (5) business days of your shoot date.
▪ Additionally, if you have any editing comments or revisions to share with RCP, you have a round of revisions included. See below.
First Round of Comments
▪ Client is entitled to a round of comments/fixes/changes to be made to the final delivered media. Revisions may take an additional 24 hours to complete.
▪ Additional revisions following the first round or requests for extensive editing (i.e. clean driveway, replace grass, change wall colors, or magically disappear a large object, etc.), may incur additional fees.
Additional Round of Comments
▪ Any additional services requested after delivery of the Media may incur an additional fee, at the discretion of RCP.
PRICES
▪ Payment is due at the time of delivery of the Media. If you have paid us in full, please remember that you have the Rights to use the Media as per our Terms of Service.
ADDITIONAL SERVICES/RESHOOT/ UNIQUE REVISIONS
▪ To avoid misunderstandings, you agree to notify us in writing with five (5) business days of receipt of the Media if you believe they are not acceptable.
▪ Though not often, at times a Reshoot is necessary. Please contact us and we will schedule you as soon as possible.
▪ For any reshoot required due to any reason outside the control of Client, specifically including but not limited to acts of God, nature, war, terrorism, civil disturbance or the fault of a third party, RCP will not charge additional fees, but Client will pay all normal expenses associated with the services being provided.
REFUNDS
▪ If at any point you are not satisfied with the quality of the work or service provided, RCP will issue a refund for the affected service. Please allow seven to ten (7-10) business days to better process this request.
Contact Us
If you have any comments or questions about these Terms, the Site or our Service, please contact us by email at info@realcinemapro.com