Rhode Island Commercial Imaging
TERMS AND CONDITIONS
Rhode Island Commercial Imaging (“RICI” or “Rhode Island Commercial Imaging”) will provide you {“Client”} with high quality digital imagery services {“services”} subject to the following terms and conditions. If you use or agree to use the services you agree to the following terms and conditions which shall constitute a binding contract between Client and Rhode Island Commercial Imaging.
DESCRIPTION OF WORK
Rhode Island Commercial Imaging (RICI) will furnish the Client with high-quality photographic, video, and/or floor plan images of real properties specified by the Client. These images are intended for use by the Client in their advertising and promotional activities related to the work completed by the Client, as permitted by the property owner.
SUBCONTRACTORS
RICI shall have the right to hire subcontractors to perform various services contemplated by the contract, provided that RICI shall remain fully liable for the performance of the contract.
PROPERTY USE
The Client will get agreements from all property owners to allow RICI the free entry and exit of the property as may be necessary to complete the imaging session. This grant extends to such assistants and or models that RICI may utilize in the creation of pictorial images. The Client will notify RICI of any restrictions, rules, or areas to avoid prior to any session, and acknowledges that there are no known hidden or dangerous conditions present at the job-site. RICI will contact Client via phone, email, or other reliable means, to discuss any necessary modified use of the job-site due to weather, ongoing events, or other similar activities.
LIMITED LICENSE AGREEMENT.
RICI hereby grants the Client a LIMITED NON-EXCLUSIVE LICENSE to utilize the images in accordance with the terms and conditions outlined herein. The Client is permitted to utilize the delivered images in any electronic or printed format solely for the purpose of promoting and advertising the client’s identified project (negotiated terms). Usage of the delivered images for the promotion of the project is exclusively reserved for the Client and may not be assigned, transferred, granted, or distributed to any other individual, property owners, or entities. Should the Client desire to utilize the work for purposes beyond those specified in the Description Of Work, or should subcontractors, stagers, designers, or other third parties seek to utilize the images, they must first seek direct authorization from RICI, along with any requisite licensing and fees.
COPYRIGHT NOTICE.
ALL IMAGES ARE THE COPYRIGHT PROPERTY OF Rhode Island Commercial Imaging. Unauthorized use of images is a copyright violation, and will result in termination of this contract. Client understands that Rhode Island Commercial Imaging owns the images and retains all rights and use therein except the limited use thereof granted to Client under this License Agreement. Copyright may not be transferred to any other party.
ESTIMATES
The fees quoted by the RICI are for the original job description as presented by the Client. Any subsequent changes, whether made orally or in writing, may result in additional charges. The expenses are estimated in good faith. Actual expenses, which may be greater or less, will be invoiced.
STANDARD PAYMENT POLICY.
Payment must be received before delivery of full images. Full unmarked images will be released upon payment in full of the Standard Fee set forth on our booking site or such other fee as may be agreed to for non-standard services. Use of any images before full payment will constitute a breach of contract. Credit card payments may be made when purchasing the digital images online reading them for download.
CANCELLATION/POSTPONEMENT POLICY.
Clients are required to inform Rhode Island Commercial Imaging of any cancellations or rescheduling needs as soon as possible. If a session is rescheduled or canceled after 8 PM on the day prior to the appointment, a fee of $75.00 will be charged for lost scheduling time. In the event that Rhode Island Commercial Imaging has already departed for the scheduled job and the appointment is subsequently canceled, or if access to the property is not possible within 15 minutes of the scheduled time (e.g. Client has not provided appropriate entry, dog prevents access, etc.), a $150.00 on-site cancellation fee will apply. Rescheduling is subject to the photographer’s availability. Should Rhode Island Commercial Imaging need to cancel the appointment, no payment will be required from the client.
WEATHER POLICY.
There will be times when services cannot be completed due to inclement weather. In those circumstances, the decision about shooting is up to the Client. If the Client chooses to proceed with on-site work, Rhode Island Commercial Imaging will provide the best images we can. If additional outdoor work is required on a better weather day, our standard fee will apply. However, if weather poses a danger to equipment, liability, or travel RICI also has the discretion to reschedule. No reschedule fee will be charged in the event of bad weather if cancelled by photographer. Reschedules are subject to availability.
FORCE MAJEURE
Neither RICI or Client shall be liable for failure of either party’s obligations caused by any circumstances beyond reasonable control, including but not limited to acts of God, epidemics, pandemics, floods, riots, fires, civil unrest, acts of war or terrorism, or failure of energy sources.
INDEMNIFICATION.
Client shall indemnify and hold Rhode Island Commercial Imaging harmless against any claims for loss, liability, damage, or injury arising out of RICI’s performance of services at the property unless due to the sole negligence of RICI. Client understands that Rhode Island Commercial Imaging may perform digital retouching of photos. Client is responsible for ensuring that the retouched photos do not display the property or location in a manner that is misleading, or constitutes false advertising.
LIABILITY FOR INJURY
Liability for injury to RICI and its employees; Etc. Client shall be liable to RICI and its agents, servants, employees, and subcontractors, for any injuries or damage caused by the failure of the property owner/resident to maintain the property in a safe condition and to warn of hidden defects. Furthermore, the property shall be free of harassment from pets or people. It is the responsibility of Client to inspect the property for any dangerous, defective or hidden conditions prior to RICI’s commencement of work and to either remedy the same or warn RICI of the existence thereof…
REPRESENTATIONS AND WARRANTIES
Rhode Island Commercial Imaging represents and warrants that it owns the digital images licensed to Client and otherwise makes no warranties, express or implied, with respect to the services provided under the contract.
RELATIONSHIP OF PARTIES
It is understood and agreed that the relationship of RICI and Client shall be that of independent contractor.
APPLICABLE LAW
The contract shall be governed by the laws of the State of Rhode Island.
