Revised January 1, 2021 Residential and Commercial Real Estate Photography Photoshoot Contract entered into and between FLASH IT SOLD, LLC (Hereinafter referred to as “FIS”) And The Real Estate Agent currently signed into this account at the URL clients.flashitsold.com (Hereinafter referred to as “CLIENT” or “AGENT”) CLIENT hereby assigns full copyright of photographs taken by FIS or a representative/photographer of FIS to FIS (and the related representatives and assigns) together with the right of reproduction either wholly or in part.
2. I grant to FIS the permission to can the above-mentioned photographs either separately or together, either wholly or in part, the perpetual and irrevocable and unrestricted right to use and publish video and/or photographs of me, or where I may be included for editorial trade, product advertising and such other business purposes in any manner and/or medium.
3. If subject of work is outside San Antonio City proper, FIS reserves the right to add a reasonable transportation fee.
4. FISF guaranties AGENT a professionally produced product. If the product created is not acceptable based on reasonable standards, FIS will refund client’s fees in whole, or in part depending on the portion of the project that CLIENT is not happy with. The amount of the refund is ultimately up to FIS and its’ representatives. CLIENT will not be eligible to receive or use any part of photographs or recordings if fees have been refunded.
5. If the product is unacceptable to AGENT from an editing standpoint, FIS will re-edit footage a second time based on written notes provided by the client. IF this second edit is unacceptable, FIS will charge an hourly fee to continue refinement of media.
6. If a legal dispute arises with regards to the business conduct or representative’s actions while contracted by FIS, CLIENT agrees to a privately mediated settlement.
7. CLIENT will provide a “show ready” property at the time arranged for the recording. FIS will not be responsible for “preparing” the subject property for the recording. If the recording of the property is unacceptable based on the condition of the property or its contents, FIS will charge a minimum of $75 to re-record the property, plus any travel expenses.
8. FIS is not responsible for weather-related detrimental effects of recording.
9. FIS agrees to maintain a reasonable amount of liability insurance to protect the contents of subject property from damage caused by any FIS representative. Revised January 1, 2021
10. FIS agrees to maintain a clean and functioning website for hosting client’s photos and/or videos for up to a consecutive period of 1 year. Thereafter, if CLIENT wishes for FIS to host CLIENT’S media for a longer period, CLIENT agrees to pay $45 per year, charged ahead of time, paid yearly. FIS will not be held liable for any losses or inconveniences caused by malfunctioning web-based technologies.
11. CLIENT is granted a limited, nonexclusive right to create a “hyperlink” to FIS’s website as long as there is no implicit or explicit derogatory, or otherwise defamatory insinuations.
12. Neither FIS nor its independen contracts are responsible for damages, delays or failures in performance resulting from acts or occurrences beyond reasonable control such as acts of God, weather, or other uncontrollable conditions that prohibit services from being rendered as promised. (Hurricanes, Tornadoes, Earthquakes, Acts of Terrorism, etc.)
13. No other terms or conditions apply unless specified in writing.
14. As a condition of FIS’s website Services, CLIENT agrees not to use such services for any purpose that is unlawful or prohibited by these terms and conditions, and agree to comply with any applicable local, state, federal and international laws, government rules or requirements. 15. FIS may immediately terminate any account which it believes, in its sole discretion, is connected with any spam or other unsolicited bulk marketing.
16. FIS reserves the right to cancel a project or stop doing business with CLIENT for any reason and without warning. FIS agrees to fully refund CLIENT any monies paid to FIS for any services that have not yet been provided, starting from the date that these Terms of Services were last accepted by CLIENT.
17. PAYMENTS: Payment is due by CLIENT in order to activate project, and secure a date and time for a photographer contracted by FIS to come and shoot your listing. If payment is not made, CLIENT understands that their project will still be considered “Pending” and no date and time will be secured. Any other agent will have to ability to schedule shoot during the date and time that CLIENT is requesting. Revised January 1, 2021
18. CANCELATION POLICY: This condition supersedes any before it regarding cancelation and/or refunds. a. CLIENT agrees that if a project has to be canceled, CLIENT will do so a minimum of 2 hours prior to the scheduled shoot time, otherwise, no refund will be given to CLIENT by FIS.
FlashItSold.com you are herein consenting to the following data procedures expressed within this agreement. Collection of Information This website collects various types of information, such as: • Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc., which may be used when you purchase products and/or services and to deliver the services you have requested. Please rest assured that this site shall only collect personal information that you knowingly and willingly provide by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested, and any additional uses specifically provided on this site. It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent as a means to better understand the way in which other websites garner, make use of and share information collected.
Revised January 1, 2021 Use of Information Collected Flash It Sold may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from client. www.FlashItSold.com. Flash It Sold may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered. Flash It Sold does not now, nor will it in the future, sell, rent or lease any of our customer lists and/or names to any third parties. Flash It Sold may disclose your personal information, without prior notice to you, only if required to do so in accordance with applicable laws and/or in a good faith belief that such action is deemed necessary or is required in an effort to: • Remain in conformance with any decrees, laws and/or statutes or in an effort to comply with any process which may be served upon Flash It Sold and/or our website; • Maintain, safeguard and/or preserve all the rights and/or property of Flash It Sold; and • Perform under demanding conditions in an effort to safeguard the personal safety of users of client.