Terms and Conditions
Effective Date: January 1st, 2013
These Terms and Conditions ("Terms") govern the use of real estate photography services provided by Marcott Enterprises LLC, DBA Marcott Studios, including its photographers, associates, and subcontractors ("Service Provider"). By purchasing services, the client ("Client") agrees to the following terms. Please read these Terms carefully before proceeding.
1. Interpretation and Definitions
1.1 Definitions
For the purposes of these Terms and Conditions:
Client means the individual or entity purchasing services from Marcott Enterprises LLC, DBA Marcott Studios.
Images refers to all photographs, videos, virtual tours, and related media produced by Marcott Enterprises LLC, DBA Marcott Studios.
Service Provider refers to Marcott Enterprises LLC, DBA Marcott Studios, its photographers, associates, and subcontractors.
Active Listing Period refers to the time during which the property is actively listed for sale or rent.
Full Rights Purchase refers to the transfer of unlimited usage rights and ownership of the images to the Client, subject to a separate agreement.
2. Acknowledgment
By purchasing services from Marcott Enterprises LLC, DBA Marcott Studios, the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions. If the Client does not agree to these Terms, they must not proceed with the purchase of services.
3. Age Requirement
The Client represents that they are at least 18 years of age. Marcott Enterprises LLC, DBA Marcott Studios, does not permit individuals under the age of 18 to purchase or use its services.
4. Image License & Usage Rights
4.1 Grant of License:
The Client is granted a limited, non-exclusive, non-transferable, and revocable license to use the images solely for marketing the specific property for sale or rent during the active listing period.
4.2 Usage During Active Listing:
While the property listing is active, the Client has the right to use the images for publication in any medium, including but not limited to:
Print or digital magazines, articles, or advertisements.
Multiple Listing Services (MLS) or any other real estate listing platforms.
Social media, websites, or other marketing channels.
4.3 Credit Attribution:
In any publication, article, or written material where the images are used, the Client must provide proper credit to Carlos Marques - Marcott Studios. Failure to provide proper credit may result in a breach of these Terms.
4.4 Ownership of Intellectual Property:
All images, media, and related content remain the sole intellectual property of Marcott Enterprises LLC, DBA Marcott Studios, and its photographers.
4.5 License Expiration:
The license automatically expires upon the termination of the listing agreement, whether due to the sale of the property, expiration of the listing, or reassignment to another agent. Continued use of the images beyond this period requires a new license or the purchase of full rights, as outlined in Section 7.
4.6 Third-Party Usage:
The Client may not transfer, sublicense, or grant usage rights to third parties, including but not limited to homeowners, other agents, brokerages, staging companies, or marketing agencies, without prior written consent from Marcott Enterprises LLC, DBA Marcott Studios.
5. Restrictions on Use
5.1 Prohibited Uses:
The Client agrees not to:
Sell, transfer, or sublicense the images to third parties without explicit written permission.
Alter, edit, or manipulate the images in a way that misrepresents the property or creates false advertising.
Use the images for any purpose other than marketing the specified property listing, including but not limited to personal use, commercial campaigns, or promotional materials unrelated to the property.
5.2 Misrepresentation:
The Client acknowledges that any unauthorized alterations or misuse of the images may result in legal action, including but not limited to claims for damages or injunctive relief.
6. Image Modifications & Liability
6.1 Client-Requested Modifications:
If the Client requests image alterations (e.g., virtual staging, object removal, or color correction), Marcott Enterprises LLC, DBA Marcott Studios, will make reasonable efforts to fulfill such requests. However, the Service Provider is not liable for any misrepresentation, claims, or disputes arising from such modifications.
6.2 Accuracy of Representation:
The Client is responsible for ensuring that any modifications accurately represent the property and comply with all applicable laws, regulations, and industry standards.
7. Full Rights Purchase Option
7.1 Option to Purchase Full Rights:
The Client has the option to purchase full rights to the images for an additional fee. Full rights include unlimited usage, transferability, and ownership of the images, subject to the terms outlined in a separate agreement.
7.2 Ownership Transfer:
Upon purchase of full rights, a written agreement will be provided, detailing the transfer of ownership and any applicable restrictions or warranties.
8. Payment & Cancellations
8.1 Payment Terms:
Payment is due at the time of booking unless otherwise agreed in writing. Failure to make timely payment may result in the cancellation of services.
8.2 Cancellations & Rescheduling:
Cancellations or rescheduling requests made within [X] hours of the scheduled shoot may be subject to a cancellation fee of [Insert Fee or Percentage].
In the event of inclement weather or unforeseen circumstances, the Service Provider will work with the Client to reschedule at no additional cost.
8.3 Refunds:
No refunds will be issued for services already rendered or for cancellations made after the shoot has commenced.
9. Client Responsibilities
9.1 Property Preparation:
The Client is responsible for ensuring the property is prepared and ready for photography at the scheduled time. Delays due to unprepared properties may result in additional fees or rescheduling.
9.2 Access & Cooperation:
The Client must provide the Service Provider with full access to the property and any necessary cooperation to complete the shoot efficiently.
10. Intellectual Property
10.1 Ownership:
The Service and its original content, including but not limited to images, videos, and virtual tours, are and will remain the exclusive property of Marcott Enterprises LLC, DBA Marcott Studios, and its licensors.
10.2 Trademarks:
The Client may not use Marcott Studios' trademarks, logos, or trade dress in connection with any product or service without prior written consent.
11. Third-Party Websites
Marcott Enterprises LLC, DBA Marcott Studios, may provide links to third-party websites or services that are not owned or controlled by the Service Provider. The Service Provider has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. The Client acknowledges and agrees that Marcott Enterprises LLC, DBA Marcott Studios, shall not be liable for any damage or loss caused by or in connection with the use of such third-party websites.
12. Limitation of Liability
12.1 Service Provider Liability:
To the maximum extent permitted by applicable law, Marcott Enterprises LLC, DBA Marcott Studios, shall not be liable for any indirect, incidental, consequential, or special damages arising out of or related to the use of the images or services, including but not limited to lost profits, reputational harm, or delays in property sales.
12.2 Maximum Liability:
In no event shall the Service Provider's total liability exceed the amount paid by the Client for the specific services in question.
13. Disclaimer
The services provided by Marcott Enterprises LLC, DBA Marcott Studios, are offered "AS IS" and "AS AVAILABLE," without any warranties, express or implied. The Service Provider does not guarantee that the services will meet the Client's requirements, be error-free, or achieve any specific results.
14. Termination
Marcott Enterprises LLC, DBA Marcott Studios, reserves the right to terminate or suspend the Client's access to services immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms and Conditions. Upon termination, the Client's right to use the images and related services will cease immediately.
15. Governing Law and Dispute Resolution
15.1 Governing Law:
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of laws principles.
15.2 Dispute Resolution:
Any disputes arising under these Terms shall first be resolved through informal negotiations. If a resolution cannot be reached, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
16. Severability and Waiver
16.1 Severability:
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect.
16.2 Waiver:
The failure of Marcott Enterprises LLC, DBA Marcott Studios, to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
17. Promotions
Any promotions offered by Marcott Enterprises LLC, DBA Marcott Studios, are subject to separate terms and conditions. If there is a conflict between the promotion terms and these Terms and Conditions, the promotion terms shall prevail.
18. Agreement to Terms
By purchasing services from Marcott Enterprises LLC, DBA Marcott Studios, the Client acknowledges that they have read, understood, and agree to these Terms and Conditions.