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Terms & Conditions



SCHEDULING:

  • Please contact Tom Hunter Photography by phone - (626) 825-2694 or email - tom@tomhunterphoto.com for rates and booking.

  • Scheduling must take place at least 24 hours in advance in order to secure and confirm the photography assignment.

  • After scheduling a photography assignment, an email will be sent to the client/agency or home owner (in charge of payment) with information confirming the date, time, location and agreed photography rate and requirements. The client/agency or home owner must reply to the email sent (stating they confirm) in order to proceed with the scheduled photography assignment. Upon confirming, the client/agency or home owner will be under contract, and will abide by the "TERMS & CONDITIONS" stated on this webpage, on the Tom Hunter Photography website.



REAL ESTATE PHOTOGRAPHY DETAILS:

  • During scheduling, the photographer may suggest the optimal time of day to begin service (considering the angle of the sun).

  • Upon arrival, Tom Hunter will perform a walk through with the client in determining the proper or desired spaces to photograph. Shooting each scene may take up to 30 minutes (depending on the complexity of the shoot). If needed (and it usually does), the photographer will assist in staging a space, in order to enhance the look of the image, it is also very important that the agent, home owner or staging company have the property spaces ready for photography so that the photo shoot will move along in a timely manner. During the shoot, it is not uncommon for Tom Hunter to ask the client (or director) for their opinion before capturing a scene, this is not being unprofessional, just being smart. The client may want something photographed specifically, and with a little bit of communication, everyone will be happy at the end of the day.

  • It is recommended that the agent or client be present during the duration of the photo shoot (to avoid any complications).

  • At the end of the photo shoot (before leaving the location), payment will be collected (Please read "PAYMENT POLICY" below.

  • Images may take up to 72 hours for delivery (either because of prior assignments, or the weight of the current assignment), but usually they are delivered sooner. Each image is edited optimally (in photoshop) to show the prospective buyer the properties full potential and beauty.

  • All image files will be sized for print (high res) and web (low res) output.

  • When editing is complete, the digital image files will be delivered by way of an online storage service (DropBox). A download link will be emailed to the agent/client (or to any publication) in order for the images to be received.

  • An invoice will be emailed to the client for their records.

  • If the default fixed rate is used, travel through out the Los Angeles county area is included, travel outside this area will be subject to additional travel fees.

  • All photography assignments are at the photographers discretion.

  • All images © Tom Hunter Photography, all rights reserved.



BASIC PHOTOGRAPHY OPTION (by request only):

  • This photography option may be offered to help assist the clients budget and moderate photography needs. Excellent image composition is never sacrificed!

  • Limited time being a factor, Tom Hunter can effectively shoot a property in a short or reasonable amount of time, keeping the client on schedule with their busy day. Shooting each scene will be brief (depending on conditions), so it is crucial that the agent, homeowner, or staging company have the property space ready for photography at the scheduled time of arrival (all spaces will be photographed as is). Each space (for photography) will be selected by the photographer, unless, the home owner or realtor professional has already planned the flow of the shoot ahead of time (in keeping the pace moving in a timely manner).

  • The option of photography does not include any assisted staging, special lighting or pre/post production requests (because of cost, time or workload restraints).

    Pro-Lighting is used to balance the difference between indoor and outdoor exposure, which is usually a concern with windows, doors or large open spaces where outdoor light comes in (facing the camera lens). Most times without proper lighting (during the day), shooting towards outdoor openings, the captured image may suffer from harsh exposure and contrast problems that is not easily fixed in post. My fixed rate includes professional lighting to combat these issues.

  • The agent or client must be present during the duration of the photo shoot (to avoid any complications).

  • During post production, the photographer will have full control of selecting the appropriate images in order to stay on schedule.

  • All images will be HDR processed and corrected for overall exposure and white balance. Using the HDR processing method enables the photographer to keep the workload to a minimum, enabling your images to be delivered in a timely manner (in keeping production and workload costs low).

  • All image files will be sized for print (high res) and web (low res) output.

  • Your digital image files will be delivered within 48 hours by way of an online storage service (DropBox). A download link will be email to the agent/client (or to any publication) in order for the images to be received.

  • An invoice will be emailed to you for your records (Please read "PAYMENT POLICY" below.

  • Photography service is only available within the Los Angeles county area, and is only available at the photographers discretion.

  • All images © Tom Hunter Photography, all rights reserved.



LOCAL PHOTOGRAPHY OPTION (by request only):

  • This photography option may be offered to local real estate professionals in making a better choice when it comes to using their smartphones, posting nonprofessional (obscure/disoriented) images on the MLS. Tom Hunter Photography will provide great composed images, and fast image turn around, at an extremely low price, that will almost certainly discourage anyone from ever using their cell phones again (for real estate photography). By eliminating most of the bells and whistles (from Tom's workflow), any photoshoot can now be affordable, and still provide beautiful, well composed images for your listing (thus attracting potential prospects).

  • This local photography option is only available for Sierra Madre, Monrovia, Arcadia and Pasadena (Tom Hunter’s base area).

  • This offer includes:

    1. Travel to any one location (from the local area provided above).

    2. Photography for (moderately priced) properties up to 1500 Sq Ft.

    3. Photography service between 9am to 3pm.

    4. One hour of photography (limited, up to 10 images, which ever comes first).

    5. One hour of post editing (overall exposure and white balance correction only).

    6. Images sized for print and web (mls) output.

    7. Same day delivery.

    8. Usage (image license) - The client may use the digital image files for up to one year, or until the property is sold (which ever comes first) to advertise the assignment property, photographed by Tom Hunter Photography. Non exclusive, non transferable. All images, © Tom Hunter Photography, all rights reserved.

    9. An invoice will be emailed to you for your records (Please read "PAYMENT POLICY" below.

  • This offer does not provide:

    1. Outside travel (from the local area provided above)

    2. Additional time for photography on location (because of tight scheduling and workflow restrictions).

    3. Professional lighting.

    4. Assisted staging and design.

    5. Scheduling after 3pm.

    6. Twilight photography.

    7. Pre selection of images, production or specialized post image editing (HDR processing, image blending and retouching) requests.

  • Please note:

    1. This photography offer is only available to local real estate professionals.

    2. The property or space must be ready for capture at time of appointment (all spaces will be photographed as is).

    3. Amount of spaces photographed depends on the properties readiness.

    4. The agent must be present for the duration of the photoshoot, to avoid any compilations.

  • Payment (in full) must be fulfilled at the time of appointment (on location), by check, cash or credit card (a processing fee of three to five percent will be added to credit card payments). Payments may be made in advance by phone (using a credit card).

  • Client excepts, and is bound to all Terms & Conditions, once the photography assignment has been properly acknowledged and confirmed (through email confirmation, by Tom Hunter Photography).

    ...please read all Terms & Conditions below (which also apply).

  • If you do not understand the given information above, or have any questions, please contact Tom Hunter Photography, and thank you for your interest.



TRAVEL:

  • Tom Hunter Photography is based in Sierra Madre (adjacent to Pasadena), and offers service for the Los Angeles county area. Travel beyond this point is subject to additional travel fees (which may include room and board), and deposit.

  • If a travel fee has not already been included into the offered rate for service, a $1.25 per mile travel fee will be added in addition to the already suggested rate (this is for the Los Angeles county area only). Further distances traveled (outside of the Los Angeles county area) will be subject to all travel expenses (which includes room and board), and a deposit.

  • Parking is to be provided by the agent/client.

  • All travel or service is at the photographers discretion.



PROPERTY WEBSITES:

  • Each property website is custom built by Tom Hunter.

  • Each webpage built is designed for the use of selling a single property.

  • The content of a webpage may hold still photography, video, virtual 360 panoramas and agent/client/home owner information that pertains to the property for sale.

  • A limited amount of content may be added to the webpage, please see example "HERE" to get a basic idea.




PAYMENT POLICY:

  • Payment is due at the time of appointment. Payment may be made by cash, check or credit card (w/ processing fee).

  • If the client/agent or home owner is not present at the time of appointment, an invoice will be sent out and payment is due (immediately) upon receipt.

  • Assignment images will not be released to the agent/client until payment has been made in full. This rule may be waved if a good standing relationship has been made between the agent/client and Tom Hunter Photography.

  • Payment may be made by cash, check or credit card. In the event of a returned check, a $45 processing fee will be charged to the invoiced account.

  • Time is of the essence for receipt of full payment under this Agreement. NO RIGHTS ARE GRANTED UNLESS AND UNTIL PHOTOGRAPHER HAS RECEIVED FULL PAYMENT. ANY USE PRIOR TO FULL PAYMENT WILL BE CONSIDERED AN UNAUTHORIZED USE. CLIENT AGREES THAT THE REASONABLE AND STIPULATED AMOUNT THAT WILL BE PAID TO PHOTOGRAPHER FOR SUCH AN UNAUTHORIZED USE WILL BE DOUBLE THE INVOICE TOTAL. All invoices are due upon receipt. Adjustments of amounts or terms must be requested within five days of invoice receipt. Photographer does not provide any receipts to Client. Photographer’s invoice will serve as Client’s receipt for work performed and services rendered.



IF A PROPERTY IS NOT READY UPON ARRIVAL:

  • If a property is not ready for photography (upon arrival), the client may fall short of the allotted images offered (because of the photographers busy work schedule), and the client will still be liable for the full dollar amount of the scheduled work. If the photographer is able to spend additional time at the location (to fulfill the amount of images needed for the scheduled work), an additional fee of $100 per hour will be charged to the client. If the property is not ready for photography AT ALL, then a fee of $150, plus travel will be charged to the client. In order to continue the photo shoot, a new appointment will have to be scheduled (as a new assignment). Please understand that these costs are set in place to protect the photographers potential loss of business.



CANCELLATION:

  • To cancel or reschedule a shoot, please contact Tom Hunter Photography at least 24 hours in advance to avoid a "No Show" fee of 50% of the scheduled service. Please understand that these costs are set in place to protect the photographers potential loss of business.

  • If mother nature decides to step in at a moments notice, or any other unforeseen acts of god disrupts the scheduled shoot, then this is understandable, and the photo shoot may be rescheduled (at no additional cost).



SAFETY:

  • Tom Hunter Photography has the right to not except an assignment, or terminate service on location if a situation or environment does not feel safe, that may put Tom Hunter, or anyone, in harms way!



USAGE RIGHTS and OWNERSHIP:

  • Tom Hunter of Tom Hunter Photography remains the sole owner of all images (photographed by Tom Hunter), by copyright law. All images © Tom Hunter Photography, all rights reserved.

  • Each image (photographed for residential real estate advertising) includes a "ONE YEAR" non exclusive, non transferable usage right for real estate advertising (only) by the end user (client) from the time the images are delivered (which will be stated on the invoice). This usage is complimentary for the first year. All residential real estate images under this one year contract will be terminated of its usage contract either by the end of one year's use, or because the property was sold during the first year of the contract (which ever comes first). Further use (of any) of the residential real estate images beyond the one year usage date, or after the property being sold within the one year of contract use, must be brought to Tom Hunter Photography's attention, to be relicensed under a new contract.

  • All residential real estate images are under contact and may only be used for web content (such as realtor websites for selling the property, mls websites, property listing websites) and prints (such as realtor property flyers, realtor property brochures, local news papers).

  • All residential real estate images are not to be used for commercial use in any way (such as advertising on websites, electronic devices, television, magazines, newspapers, books, property decor, etc.) to decor, promote or sell a product or business of any kind.

  • All images used for commercial advertising will be under (a commercial license) contract, and may only be used for the usage stated on the contract (such as publishing on websites, electronic devices, television, magazines, newspapers, books, property decor, etc.).

  • Client acknowledges that Tom Hunter Photography is the author of all Images and also the first and sole owner of all copyrights of the Image(s). All Images and copyrights remain the exclusive property of Tom Hunter Photography without limitation. All usage rights to the Image(s) specifically granted by Tom Hunter Photography to Client appear on the reverse side of this Agreement. No electronic publishing, or Internet use, of any kind is permitted unless specifically stated. IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD. Client understands and agrees that it is not buying the Image(s) but is paying only for a license to use the Image(s) as specified on the reverse side of this Agreement. The term of license begins from the date Photographer receives full payment of invoice. The use of any Image(s) will not constitute a work of joint authorship. Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer. Unless otherwise agreed, Photographer retains the right to use any Image(s) for his self-promotion.

  • Client Account Contract - TERMS AND CONDITIONS letter sent to client:

    PHOTOGRAPHY LICENSE AGREEMENT – TERMS AND CONDITIONS
    These terms and conditions govern our agreement. Your use of the Products signifies your acceptance of these terms and conditions. The specific Rights of the use of the Products are outlined on Page 1 of this document under: “Terms of the License and Fees”.

    We agree to provide you with the Products. If you have paid us in full, you have the Rights to use the Products. You agree that the Rights to use the Products have been granted only to you. You agree not to transfer, assign or sublicense your Rights to use the Products, or the photographs contained therein, to anyone without our written permission.

    When you receive the Products from us please check them to be sure they are acceptable. Any additional services requested after delivery of the Products may incur additional fees. To avoid misunderstandings you agree to notify us in writing within five (5) business days of receipt of the Products if you believe they are not acceptable, in which case our sole obligation will be to replace the Products. In no event will we be liable for incidental or consequential damages of any kind.

    You agree that we will remain the owner of all the copyrights in the Products. ALL PHOTOGRAPHS ARE THE COPYRIGHT OF THE PHOTOGRAPHER. This agreement does not transfer copyright to you. You agree that we reserve all rights not granted to you by this agreement. If we discover that someone is infringing on our copyright you agree to cooperate with us to help us stop the infringement or collect damages.

    If anyone asks you for any of your Rights to the Products, you agree to refer them to us. If we agree to allow others to use the Products, an additional licensing fee may be required. We agree not to use the Products in a way that interferes with your Rights.

    We are an independent contractor and not your employee. You are not our agent and cannot make agreements for us.

    Our fee is payable upon delivery of the Products. If for any reason payment is not made within 30 days from the date of delivery of the Products, the Rights granted to you will terminate automatically.

    Your License to use the Products will automatically terminate when the property is sold or you are no longer the listing agent for the property.




COMMERCIAL PHOTOGRAPHY:

  • Commercial photography is photography created with the intent of making the end user money; essentially, photography for commerce and business.

  • Commercial photographs are generally images of buildings, models, merchandise, artifacts and landscapes that are used for promotional purposes in websites, electronic devices, magazines, newspapers, books, reports, advertisements, corporate brochures and leaflets, menus in cafes and restaurants, catalogs, etc. In commercial photography, the entire photo shoot is devoted to the product being photographed. The lighting, styling and background is all taken into consideration.

  • There are many details to cover when assessing the cost for a commercial photography assignment, so there is no flat rate for this format of photography. I can say that each photography assignment will involve a creativity, production, travel and usage fee. By evaluating the essential necessities to accomplish a successful shoot, a price or quote may then be suggested.
  • Please call for information - (626) 825-2694, thank you.


DIGITAL FILE QUALITY:

  • Tom Hunter Photography is committed to providing high quality services. Unless otherwise specified on the reverse side of this Agreement, Tom Hunter Photography may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Tom Hunter Photography may select, at a resolution that Tom Hunter Photography determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.

    Tom Hunter Photography uses cameras and monitors that are color calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and colour will be adjusted for pleasing tonalities.

    It is Client’s responsibility to verify that the digital data, including colour profile, if provided, are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Tom Hunter Photography’s sole obligation will be to replace or repair the data, but in no event will Tom Hunter Photography be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.



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