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Licensing & Terms of Service with AVS Photo Video LLC

1. Payment Policy: Unless otherwise arranged, payment is due before the delivery of images or other offerings by AVS Photo Video LLC. Payment can be made online at the time of order via credit card or by phone with a credit card during our normal business hours. After the images have been photographed and delivered, it is the responsibility of the client to pay the balance in full within 15 days of receipt unless other arrangements have been made. An invoice not paid by the due date is subject to an interest of 1.5% per month. AVS Photo Video may recover any fees and costs it incurs in collecting any unpaid amounts.

2. Cancellations & Penalties: Photoshoots may be canceled 24 hours prior to the shoot date with no penalty. Photoshoots canceled on the day of photography will incur a $79 rescheduling fee. If we arrive at the property and are unable to gain access, we will attempt to contact you via the information you have given us. If the shoot must be abandoned, you will be charged a $79 fee.

3. Photo Delivery Policy: Photos will be delivered via email within 48 hours of the actual appointment or when payment is received, whichever is later. A link to the images will be provided by email using the email address provided upon order. If you have not received any emails from us concerning the photoshoot, please check your spam folder and then contact us by phone or email to confirm the email address on your account.

4. Home Preparation Policy: The photographer is not responsible for preparing the home for photography. Cleaning, staging, arranging, and decluttering should be finished before the photographer arrives. For a Preparation List, please check the Help section of our website. The photo shoot is scheduled based on the time it takes to shoot a home that is photo-ready. If the home is not photo-ready, the number or quality of the images will likely suffer. If the home needs staging, we would have several recommendations for staging companies.

5. Photo Licensing Agreement: AVS Photo Video LLC retains ownership of all intellectual property and other rights in any materials or photographs produced or created by AVS Photo Video LLC during the provision of services. All media produced for the person or entity whose name appears on the order ‘Client’ may be used by the Client for all marketing associated with the current sale of the property for the duration of the listing period (denoted by a single MLS ID) ‘Listing Period’ or for a duration of one year from delivery, whichever is longer, unless otherwise specified. All media created by AVS Photo Video LLC will be copyrighted by AVS Photo Video LLC. This usage license will be granted only to the person or entity listed upon order and NOT to any third party. Any usage of the photos by a third party outside of this granted license, including but not limited to architects, builders, stagers, designers, sellers, or buyers, is prohibited unless approved in writing by AVS Photo Video LLC.

6. Licensing, sharing, or selling commissioned images: If, for some reason, a licensee loses or surrenders a real estate listing, they still retain a license to those photographs for the Listing Period or one year, whichever is longer. Any subsequent agents that wish to license that media during that period must get a release from the copyright holder in writing and pay an amount equal to the current posted rates for the desired usage. The original licensee may be credited half the amount paid toward a future shoot. The newer licensee shall be granted a license for the Listing Term or one year, whichever is longer, from the date payment is received.

7. Term of License: The license will expire after one year or after the Listing Term, whichever is longer, unless otherwise specified. Storage of Photos: The licensee will have online access to media for the term of the license. If imagery is requested for media over a year old, please contact us at order@avsphotovideo.com, and we will attempt to retrieve it from our archives. We do not guarantee retrieval.

8. Composition and Number of Photos: AVS Photo Video LLC and its photographers will use their best judgment to create amazing media to showcase the subject property. We will photograph the front of the home, major rooms inside, and views from directly behind the home within the photo count ordered. Closets, garages, and laundry rooms will be photographed upon written request. Additional areas outside of the property or in buildings not covered by the photo package order may be available at an additional fee or a higher photo count order can be placed.

9. Special Requests: If specific views, rooms, angles, etc. are requested in writing, we will do our best to provide exactly what is ordered. Occasionally, a view or angle is requested that cannot be accomplished (due to lighting, physical limitations, camera limitations, etc.). AVS Photo Video LLC and its photographers will not be held responsible for these requests.

10. Client is solely responsible for ensuring that all necessary access, rights, model releases, clearances, or consents, which may be required for reproduction of people, places, or items depicted within any images, are obtained.

11. Aerial images can only be taken if the photo location meets the requirements for drone flight authorization and if weather conditions are at minimum safety standards.

12. Matterport – the Matterport services, currently engaged, will be sustained for a period of three months. Should the client desire an extension of the hosting beyond this initial term, additional options are available at a cost of $69 for an extra 6 months or $129 for an additional 12 months.