Rhode Island Commercial Imaging
TERMS AND CONDITIONS
INTRODUCTION
Rhode Island Commercial Imaging (“RICI” or “RICImaging”) 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, LLC. If you do not agree to these terms, you must refrain from downloading, using, or distributing the provided images.
DESCRIPTION OF WORK
RICI shall provide Client with any of the services below the client chooses:
- photographic images
- video
- floor plans
These deliverables will be in high quality images of real property identified by Client in connection with the Client’s LISTING, advertising, and promotion of such real estate as permitted by home sellers in the real estate industry.
LIMITED LICENSE AGREEMENT
RICI grants Client a LIMITED, NON-EXCLUSIVE, non-transferable LICENSE to use the images in accordance with these terms and conditions.
Client shall have the use of the delivered images in any electronic or printed format for the sole purpose of promoting and advertising the specified real estate listing, so long as the Client represents the listing. If the Client no longer represent the listing, the Client gives up the rights to use the images provided by Rhode Island Commercial Imaging.
Only the Client has permission to use the delivered images in any electronic or printed form for the promoting of the real estate property listing. Permission may not be assigned, transferred, granted, sublicensed, resold, or distributed by Client to any other person, property owners, entity or themselves not related to the identified property listing campaign. If Client wishes to make any additional uses of the work not detailed in Description Of Work or builders, stagers, designers, or other “third parties” that wish to use images must contact RICI directly for separate licensing and fees that may be required. This License Agreement shall extend to each property for which Client agrees to use or uses the services of RICI.
The Client agrees to take all reasonable measures to prevent unauthorized use, reproduction, or distribution of the delivered images by third parties. This includes, but is not limited to, restricting access to the images, implementing appropriate security measures, and informing relevant parties of the licensing terms. The Client acknowledges that any failure to take such measures may result in liability for unauthorized use.
The Client shall not display or distribute RICI’s work for the purposes of providing services that are competitive with RICI’s products. The Client may not alter the delivered images in any way that misrepresents the property, creates false advertising, or diminishes the original quality. Any modifications require written consent from RICI. The Client is strictly prohibited from using the delivered images to train artificial intelligence (AI) models or other automated systems without RICI’s explicit written consent.
RICI also grants a limited, license to the Multiple Listing Service (MLS). RICI represents and warrants that it is fully authorized to license the property listing images and hereby does grant to the MLS a limited license to include the property listing images that client has purchased in this listing agreement on the MLS listing sites, which includes distribution to MLS Participants and Subscribers, prospective buyers or tenants, as well as third party websites that client has authorized to assist with the marketing of the property listing for sale or for rent for as long as MLS so chooses.
The Client agrees to indemnify and hold RICI harmless from any claims, disputes, or legal actions arising from the unauthorized use, modification, or misrepresentation of the images once provided to the MLS.
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.
IMAGE DELIVERY AND PAYMENT TERMS
Payment must be received before delivery of full images. RICI will deliver high-resolution, unmarked JPEG images electronically via a secure online platform and 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.
Acceptable payment methods include check or credit card. Returned checks will incur a $50 fee. The Client assumes responsibility for any and all collection costs, including legal fees, incurred by RICI in the event enforcement of this Agreement becomes necessary.
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.
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.
CANCELLATION/POSTPONEMENT POLICY
It is the Client’s responsibility to notify Rhode Island Commercial Imaging (RICI) via email, text, or phone call as soon as possible in the event of a cancellation or rescheduling request.
Cancellations or rescheduling requests made after 8:00 PM on the day prior to the scheduled appointment will incur a $75.00 lost schedule time fee.
If RICI has already departed for the scheduled job and the session is subsequently canceled, or if RICI arrives on-site and is unable to access the property within 15 minutes of the scheduled appointment time — due to circumstances such as but limited to the Client failing to provide access, a locked property, or obstruction caused by pets, or similar circumstances, a $150.00 on-site cancellation fee will apply.
Rescheduled sessions are subject to the photographer’s availability.
If RICI cancels the appointment, no payment will be expected.
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 party will be liable for any delay in performing or failing to perform obligations if that delay or failure results from events or circumstances outside its reasonable control, including but not limited to natural disasters, severe weather, power outages, equipment failures, internet disruptions, or illness. Such delay or failure will not constitute a breach of this agreement and the time for performance will be extended by a period equivalent to that during which performance is so prevented provided that if such delay or failure persists for more than 90 days, nothing in this Clause will be taken to limit or prevent the exercise by either party of its rights of termination under this Agreement without claim [arising from the termination] against the party defaulting by reason of force majeure cure provided that any outstanding pre-existing claims will not be thereby terminated.
REFUND POLICY
All sales are final. Refunds will be issued only if RICI fails to deliver services as outlined in this Agreement. Dissatisfaction with artistic style, creative choices, or subjective interpretation does not warrant a refund.
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 real estate or location in a manner that is misleading, or constitutes false advertising.
LIABILITY FOR INJURY
RICI shall not be held liable for injuries, damages, or losses resulting from unsafe conditions at the shoot location or the actions of third-party individuals present during the session. The Client assumes full responsibility for ensuring the premises are safe, accessible, and suitable for photographic work.
The Client shall be liable for any injuries, damages, or losses sustained by RICI, its agents, employees, or subcontractors due to the property owner’s or resident’s failure to maintain a safe environment or provide adequate warning of dangerous or hidden conditions.
The Client further agrees to ensure the premises are free of harassment by pets, individuals, or other disturbances that may compromise the safety of the Photographer or the quality of the work.
Prior to the commencement of work, the Client shall inspect the property for any hazardous, defective, or unsafe conditions. If such conditions are identified, the Client is responsible for remedying the situation or informing RICI of the risks. In the event unsafe conditions arise during the session, RICI will make reasonable efforts to contact the designated Point of Contact (to be identified in writing by the Client) to address the matter. If the situation is not remedied within a reasonable timeframe, RICI reserves the right to cancel the remainder of the session. In such cases, all fees paid shall be considered earned, and no refunds will be issued. If feasible, RICI may offer the Client an opportunity to reschedule the session at RICI’s discretion and subject to availability.
DISPUTE RESOLUTION CLAUSE
Any disputes will first be subject to mediation in Rhode Island before proceeding to legal action.
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.
