TERMS & CONDITIONS
These Terms & Conditions cover photography services ("The Media") provided by Off The Path Media LLC ("The Photographer") for all clients, the ("The Client"). Any modifications of this Contract must be in writing and signed by both parties.
Client Responsibilities
The Client is not required to provide a representative on site. If The Client representative is not present, The Photographer's interpretation of the project shall be deemed acceptable. All properties are photographed "As-Is." The Client's input is valuable and respected when determining photographic choices. Absent The Client's input; The Photographer will use their best judgment and experience to decide how best to photograph the property.
The Client is responsible for preparing the property before the date and time of the appointment. The property should be clean and ready to photograph when The Photographer arrives. The Photographer will make a reasonable effort to remove litter and other stray objects that may detract from the photography; however, The Photographer is not responsible for preparing, cleaning, or staging the property.
Services and Fees
Services include but are not limited to the production, editing, and media hosting of virtual tours, photos, videos, GIFs, 3D renderings, and floor plans ("The Media") to promote The Client's business.
Real Estate Sales and Long Term Rentals:
The rates below include a single-use license, for use by one party, during one listing period. Additional licensing needs will incur additional fees. The Photographer will deliver all media assets of the standard virtual tour package within 24-48 hours. Delivery of Schematic Floor Plans and HD Photography occurs within 48-72 hours. Delivery of The Media is via email or digital download link.
Other Commercial Photography:
The rates below do not grant the right to use The Media. The use of The Media and licensing fee is based on the project's scope and set out in the invoice.
Rates:
3D Virtual Tours
$199.00 - up to 2,200 sqft
$240.00 - up to 3,000 sqft
$280.00 - up to 4,000 sqft
$280.00 + 15¢ per sqft over 4,000 sqft
+$100 for each detached space (garage, barn, guest house, etc)
HD Photography
$100.00 - 15 Photos
$120.00 - 20 Photos
$140.00 - 25 Photos
Aerial Photo & Video
$100.00 - 3D Virtual Tour Add-on
$140.00 - Stand alone
Schematic Floor Plans
$20.00 - 3d Virtual Tour add-on
Google Street View
$100.00 - 3d Virtual Tour add-on
Virtual Tour Model Hosting - Real Estate Sales & Long Term Rentals
Free for the first six months. Afterward, plans are as follows:
$15.00 per month
$40.00 per quarter
$160.00 per year
Virtual Tour Model Hosting - All Other Commercial Applications
$15.00 per month
$40.00 per quarter
$140.00 per year
Payment:
Payment for photography services are due from The Client within 14 days of receiving the final invoice. Payment is accepted by check or online via credit card for all standard services. The Client should arrange payment by check at the time of booking. The Photographer will provide a complete invoice detailing all photography fees at the time of delivery.
Payment for media hosting services is due from The Client within 7 days of receiving the hosting fee invoice. Payment is accepted online via credit card.
Rights and Usage
Ownership of the images remains with The Photographer, and the license is granted only to The Client and The 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. The Media may not be sub-licensed, resold, or otherwise made available for use or distribution separately.
Real Estate Sales and Rentals:
The Client may use the Media delivered to The Client by The Photographer for any and all marketing materials and campaigns associated with the sale of the property and for The Client's self-promotion. The Client's parent company may also use The Media for the sole purpose of marketing the specific property photographed.
This license extends throughout the duration of the listing while it is active and represented by The Client. This usage license expires upon execution of sale, termination of the listing contract, or transfer of the listing to a third party. Continued usage of the assets by a new listing party or on subsequent listings of the same property is prohibited unless approved in writing by The Photographer. An additional usage license for subsequent listings or a third party can be made available for purchase at The Photographer's discretion.
Other Commercial Photography:
The Photographer grants The Client a personal, non-exclusive (unless otherwise stated on the invoice), non-sublicensable, and non-assignable right to reproduce The Media solely in the manner and for the purposes set out in the invoice. Content may not be used in any way until an invoice granting usage rights is issued and paid in full.
Licensing Fee
The License Fee depends on the nature of the rights granted. You agree to notify The Photographer in the event that you desire to expand the usage for the Content and pay any additional License Fee. Use of The Media in a manner not explicitly authorized under the terms set out in the invoice or otherwise in the Agreement constitutes a breach of the Agreement and an infringement of copyright.
Other Terms
The use of The Media created by The Photographer for The Client indicates that The Client accepts the terms, policies, and guidelines of Matterport incorporated as described in the Matterport Terms of Use.