TERMS & CONDITIONS
AGREEMENT:
- By using and purchasing services from the Tom Hunter Photography website, you agree to be legally bound and abide by these Terms & Conditions set forth on the Tom Hunter Photography website.
Tom Hunter Photography reserves the right to change or adjust these Terms & Conditions at any time.
You should check the Terms & Conditions prior to booking for any changes. If you do not agree to the Tom Hunter Photography Terms & Conditions, please do not use or purchase any of the Tom Hunter Photography services on this website.
SCHEDULING:
- To schedule a photo shoot, please contact Tom Hunter Photography by phone or email - (626) 825-2694 / tom@tomhunterphoto.com.
- Requesting a photo shoot must take place at least 24 hours in advance in order to secure and confirm the photography assignment.
It is important (at this time) to state your full name w/ contact info and agency or firm contact info (name, address, phone #, email, etc), along with the photo shoot location address, time of arrival, quantity of images, and any special requests needed for this assignment.
- After requesting your photography assignment, an email will be sent back to you regarding availability.
If available for your request, Tom Hunter Photography with send you an attach PDF with Rate information and Terms & Conditions, as well as welcoming your request.
You in turn must reply to the email sent, stating that you confirm, accepting all Terms & Conditions and Pricing, in order to proceed with the your requested photography assignment.
Tom Hunter Photography will then email you a payment invoice (by Square) for the total amount due. Once your payment had been fulfilled, the photography assignment will then be confirmed (with a confirmation email).
If extra images are needed, in addition to the prepaid images (during the shoot), payment for these images will be collected (by Square) after the shoot, on location.
IMPORTANT! - Upon confirmation, the client is bound to all "TERMS & CONDITIONS" stated on the Tom Hunter Photography website.
PROPERTY IS READY TO SHOOT:
- It is important that the property is ready for photography, meaning that all areas to be photographed are CLEAN (toys, personal items, boxes, trash, etc), PRE-STAGED (furniture and items are placed nicely, no personal articles, etc.) and all LIGHTS are working.
SEE - "PROPERTY CHECK LIST"!
- 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 or a NO SHOW, then a fee of $125, 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 cancelation fee of $75 (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, or emergency disrupting the scheduled shoot, then this is of coarse understandable, and the photo shoot may be rescheduled (at no additional cost).
TRAVEL FEE / PARKING:
- Tom Hunter Photography is based in Prescott, and offers service for the greater Prescott, AZ area.
- A Travel Fee of $20 per hour and $1.35 per mile will be added in addition to all photography plans overall cost. This travel fee is set in place to compensate for time on the road, all vehicle expenses, including fuel (this travel fee is for the greater Prescott, AZ area only). Further distances traveled outside of the Prescott, AZ area will be subject to all travel expenses (which include room and board, etc.), and a deposit.
- Parking is to be provided.
- All travel or service is at the photographers discretion.
PAYMENT POLICY:
- Payment in full is due at the time of booking, to confirm the assignment (the assignment will not be confirmed until payment has been received).
- Tom Hunter Photography only accepts credit card as the form of payment (Visa, MasterCard, American Express and Discover), and your credit card will be processed via Square, Tom Hunter Photography does not accept Check and Cash as other forms of payment.
A Travel Fee will be added on to the overall cost of the photography assignment (Example: Photography Rate + Travel).
- If a good standing relationship has been established between the client/agent and Tom Hunter Photography, payment in full may be received after the shoot, at the time of the assignment (on Location).
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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.
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.
STANDBY FEE:
- A $25 per hour Standby Fee may be used to compensate for a reasonable amount of time lost standing by on location, keeping the photographer from completing the photography assignment.
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!
THP PRICING:
RE PHOTOGRAPHY (for residential properties)
PREMIUM PHOTOGRAPHY PLAN:
- During scheduling, the photographer may suggest the optimal time of day to begin service (considering where the sun should be for optimal photography).
- 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.
- The client/agent must be present during the duration of the photo shoot (to avoid any complications).
- 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.
- A fulfillment invoice will be emailed to the client for their records.
- The Premium Photography Plan may not be split up between two properties.
- All photography assignments are at the photographers discretion.
- All images © Tom Hunter Photography, all rights reserved.
EXPRESS PHOTOGRAPHY PLAN:
- The Express Photography Plan is offered to help assist a clients moderate photography needs, limited budget and time on location.
- Before scheduling, it is very important that you review the TERMS & CONDITIONS (on this webpage) and choose a photo rate that fits your property - PRICING & DETAILS ($150, $225, $275, etc), and click on "DETAILS" that's located below the rates (to give you a good understanding of the assignment process).
- *APPROXIMATE SHOOT TIME:
Photo shoot times are approximate. The photographer will quickly photograph each space, striving to stay on schedule, but your photo shoot may be a bit more challenging than others (because of obstacles or unforseen complications).
Please just be prepared to hangout a little longer if needed.
- **EXTRA TIME / READINESS:
Requesting Add-On Images (daylight or twilight) will require more time on location and in post!
Also, it is super important that the property is ready for daylight or twilight photography, meaning all lights (indoor/outdoor) must be working, and turned on before the photographer begins the photoshoot (by the agent or home owner), thank you!👍
Failure to do this needed task will effect the quality of the photo shoot!!!👎 The property will be shot as is!
- ***RECOMMENDED SQFT:
The Square Footage quote for the Express Plan pricing (start up) is just a recommendation, suggesting the amount of images you may need for that size of a property.
The larger the property, the more images you may need to suffice the potential buyers needs (and the MLS recommendation).
Personally I think less is best, leaving some imagination, encouraging the prospective buyer wanting to see more.
- Contact Tom Hunter Photography by phone or email with your photography needs, including the date, time, property address, and selected photo plan, along with your full contact info (full name, phone #, agency, address, etc).
Because of so many SPAM calls, emails, and texts, without giving Tom Hunter Photography the max information requested (above), you may be checked off as SPAM! Tom Hunter Photography will check the information you provided (making sure you are legit)! 👍 😀
- Tom Hunter photography will return your call or email (asap) to discuss your photography request. If available, an email will be sent to you with the requested assignment information, a Photography Check List (pdf), and Term & Conditions for you to review.
- If all is good, please send a confirmation email stating that you agree to the property assignment and Terms & Conditions (Example: I "your name" confirm to the "property address" photo shoot assignment and agree to all Terms & Conditions).
- Tom Hunter Photography will then email you a payment invoice (by Square) for the total amount due. Once your payment had been fulfilled, the photography assignment will then be confirmed (with a confirmation email).
- Tom Hunter Photography only accepts credit card as the form of payment (Visa, MasterCard, American Express and Discover), and your credit card will be processed via Square, Tom Hunter Photography does not accept Check and Cash as other forms of payment.
- A Travel Fee will be added on to the overall cost of the photography assignment (Example: Photography Rate + Travel Fee).
- Photography starts at the time of arrival.
- Limited time being a factor, Tom Hunter will effectively shoot a property in a short or reasonable amount of time, keeping the client on schedule with their busy day. Shooting each space will be very brief, so it is crucial that the agent, 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 realtor professional has already planned the flow of the shoot ahead of time (in keeping the pace moving in a timely manner).
- Lighting is included, but will only be used at the photographers discretion.
- Assisted staging is not included or any pre/post production requests (because of cost, time or workload restraints), all spaces will be photographed as is.
- The client/agent must be present during the duration of the photo shoot.
- During post production, the photographer will have full control of the workflow.
- All images will be quickly processed (with minimal editing).
- All image files will be sized for print (high res) and MLS (low res) output.
- The digital image files will usually be delivered the following day (or sooner) via online digital file storage service (DropBox), unless the weight of the assignment is overwhelming or behind other assignments, then your images could take up to 72 hours.
A download link will be email to the agent/client (or to any publication) in order for the images to be received.
- A Dropbox account is free, and is needed to download the image files. Download all images to a secure location (computer, external hard drive).
The photographer is not responsible for lost image files!
- An invoice will be emailed to you for your records (Please read "PAYMENT POLICY" above).
- Photography service is only available within the greater Prescott AZ. area, and is only available at the photographers discretion.
- Travel is not included, and a travel fee of $1.35 per mile" will be added to the photography rate chosen.
- The Express Photography Plan is based on a set rate, and is not permitted to be split up between other properties. Every property is invoiced as a separate assignment.
- The agent/client agrees and is bound to Tom Hunter Photography's current pricing and “Terms & Conditions”, once the photography assignment has been confirmed by Tom Hunter Photography.
- Some rules may be waved on future assignments upon a good standing relationship with the client.
RE VIDEOGRAPHY (for residential properties)
RE VIDEOGFRAPHY PLAN:
- The RE Videography Plan is somewhat the same as the RE Photography Plan as far as scheduling, property walk thru, space preparation, post editing and terms & conditions (please read above)
- The Videography Plan is an hourly rate, so readiness is prudent!
The hourly pricing is used (instead of a flat rate) because Tom Hunter Photography believes this is the fairest way (not over or under charging)! This pricing standard also works out about the same as a flat rate (on most competitive assignments).
- The photographer will begin filming in an optimal area of the property (considering sun light, readiness, and workflow), using just his DSLM Camera and Gimbal.
- Pro Lighting is not normally used for property filming, so all the property lights must be turned on before filming.
Continuous Pro Lighting is only used (if necessary) for client/agent marketing videos, but is also available for property filming (if needed coarse)!
Please be advised that Pro Lighting is an additional set up and use, and may require additional help (extra hire), if you are on a budget!
- Pro Audio is only used for voice recording (client/agent video marketing, video testimonial, etc. or voice over.
Tom Hunter Photography uses professional field recording equipment for this event.
- The post editing workflow requests up to 72 hours for completion, but considering the weight of the assignment, Tom Hunter Photography may need more time for substantial assignments.
RE 360 PHOTOGRAPHY (for residential properties)
VIRUAL 360 TOUR PLAN:
- A Virtual 360 Tour photo assignment is somewhat similar as the default photo assignment, in terms of planning and location readiness (see above for details and terms). The difference is the method of photography (360 scene capture) and post process (time intensive and complex workflow, catering to the clients needs of an assignment).
- A Virtual 360 scene may be used as a stand alone or made into a complex tour.
- A stand alone Virtual 360 scene may be added to Youtube, which is an additional process using video editing software (FCPX). ...YT panoramas may not work with all browsers!
- A stand alone Virtual 360 scene and tour maybe be added to a property website or business website.
- All Virtual 360 scene resolutions are set to the clients needs.
- All Virtual 360 scenes may include: still images, logos, icons, and copy/paste text to personalize the media.
- Because of the complex post process workflow involved, some Virtual 360 Tour assignments may take longer to complete (depending on the amount of spaces photographed and intense editing).
- Due to workflow conflicts, the rate of this photography assignment may need to be re-negotiated to compensate for any unforeseen production needs, etc..
- For Virtual 360 Tour pricing, click HERE!
DRONE SERVICE:
- Tom Hunter Photography does not obtain a drone license at this time.
- If you wish to out-source a licensed drone operator, below are a couple services to check out.
👉 AZ DRONE
👉 SOLD BY AIR
- If drone photography/videography service is requested by a frequent client, then drone service may be considered for operation (obtaining a license).
RE IMAGE DIMENSIONS:
- All listing Images are sized for MLS and Brochure, Pamphlet, Leaflet, Flyer, Handout, Mail-Out advertising (residential real estate use only).
- For Print, images are sized to 2500x1668 (300dpi).
- For MLS, images are sized to 1050x700 (72dpi).
- All images © Tom Hunter Photography, all rights reserved. See rights below ⇩.
DIGITAL FILE QUALITY:
- Tom Hunter Photography is committed to providing high quality services. 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 color will be adjusted for pleasing tonalities.
It is Client’s responsibility to verify that the digital data, including color 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.
COMMERCIAL SERVICE
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.
WEB DEVELOPMENT
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.
- For Property Website pricing, click HERE!
FLOOR PLAN:
- A 2D Floor Plan may be added in addition the default photography Plan, 360 Photography Plan, or a Property Website,
- Floor Plans are limited to properties under 2500 square feet.
- Showing Floor Plan dimensions are optional.
- A Floor Plan image may be outputted as a JPG, PNG, or PDF.
- DISCLAIMER: The 2D Floor Plans provided by Tom Hunter Photography are illustration renderings for advertising purposes only, and should not be used for contractor services or any usage that demands accuracy, as they are not exact measurements.
The provided 2D Floor Plans should only be used as a general indication of the property’s layout. Tom Hunter Photography does not make any guarantees about the accuracy and completeness of the 2D Floor Plan information, and the Floor Plans are to be used at your own risk.
Tom Hunter Photography will not be liable for any losses and/or damages in connection with the use of this website.
USAGE/COPYRIGHT
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.
- All photographic materials, such as original image files and negatives, photos, or slides, shall be the exclusive property of the Photographer. The Photographer shall own the copyright in all images created and may use the work for samples, contests, exhibition, advertising and self-promotion. Usage outside the bounds of this agreement will require the Client’s consent.
- All images (digital files) photographed by Tom Hunter Photography, (residential or commercial) are strictly restricted of any use of publication (in any way), unless permitted by Tom Hunter Photography, in writing, by copyright law.
- Each image (file) contracted for the use of residential real estate advertising includes a "ONE YEAR" non exclusive, non transferable usage right for real estate advertising only (not to be used for commercial use of any kind) by the end user (hiring agent/client), from the time the images are delivered (which will be stated on the invoice). The usage license fee (which is separate from the creative fee) is complimentary for the first year (only), additional use of any image (beyond its contract use), is subject to a usage license fee (for whatever the length of time is needed). All residential real estate images (under this one year contract), will be terminated of its usage contract, either by the end of one years use, or by the property being sold, during the first year of its contract (which ever comes first). Further use of any image file used for residential real estate advertising (beyond the one year usage date, or, after the property has been sold, within the one year of its contract use, which ever comes first), must be brought to Tom Hunter Photography's attention, to be relicensed under a new contract.
- All residential real estate images (digital files) photographed by Tom Hunter Photography are contracted for a specific property (or property unit), specific time frame of use and specific end user.
- All residential real estate images (digital files), that are under contract, may only be used to sell the one property (or property unit), for which it was intended for. It is not permitted by Tom Hunter Photography to use any previous job images (digital files) that do not pertain to the specific property (or property unit), for which that image was originally shot for.
Explanation: If Tom Hunter Photography photographs unit #101 at an apartment or condo complex, including a “front of building” and “landscape” shot for a client, the client may only use these specific images to sell that one property or property unit.
If Tom Hunter Photography photographs unit #102 (at the same location - complex) at a later date, without a “front of building” and “landscape” shot, the client is not permitted to use any of the previous images shot for unit #101, to benefit unit #102's listing or advertising plan, unless Tom Hunter Photography releases the specific image file (s) needed, by charging a usage license fee.
If the agent/client is in need of the same image (front of building, landscape, etc.) to sell multiple units, in the same complex (location) then these images may be considered as a commercial usage (and a commercial usage license agreement will be advised), but if only used for residential real estate use, then each image will be priced for the use of each unit used (listed for MLS) in the complex or building.
- 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 will appear on the 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 they are not buying the Image(s) but only paying for a license (usage) to use the Image(s), and are bound to all Terms & Conditions of this Agreement on the Tom Hunter Photography website. 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.
TOP
Please contact Tom Hunter Photography
for addition information and booking.
☎ 626.825.2694
E-mail: tom@tomhunterphoto.com
