Preparation:

Please make sure that the listing/project is ready for photography/videography prior to the scheduled shoot time, preferably with all interior lights and lamps turned on and ceiling fans turned off. To assist you and your sellers, we have a Pre-Shoot Checklist that you may download here. Our team will only turn on lights and open doors, we will not move objects or stage rooms. The property will be captured as is, so please ensure it is fully prepared before the shoot.

Drone Photography:

Cancellations & Rescheduling:

There may be a $100 fee assessed for cancellations or rescheduling within 24 hours of the scheduled appointment. The photographer reserves the right to decline any shoot if the property is deemed inaccessible, unsafe, under construction, or for any other reason that makes it overly unprepared or unsafe. The client may be billed for lost time in such cases.

Media Delivery:

Photos, 3D Virtual Tours, Videos, Floor Plans, and all other associated other media will be delivered within 36 hours of the end of the shoot, unless otherwise agreed to in advance. For example, if the shoot ends on Monday at noon, the delivery will be completed by Wednesday before business hours. Rush Delivery is available and may be subject to a premium.

Media Storage:

Raw footage will be stored for a minimum of 30 days from the shoot, while other photos and videos will be archived for a minimum of 1 year. The property website and 3D Virtual Tours will remain active for the duration of the listing and will be archived after the listing is removed from public viewing.

Rates and Pricing:

Published prices are subject to change without notice due to fuel prices, exchange rates, and vendor costs. Travel fees may apply for locations outside of Southern Ontario (outside of a radius spanning Toronto to Tobermory, Southampton to Barrie), calculated at $0.60/km driven, and any additional travel expenses such as airfare, hotel, parking. Additional travel fees will be estimated in advance, but not guaranteed. 3D Virtual Tours and Floor Plans over 2500 square feet are billed at an additional $0.07/square foot (including basement if scanned). A fee of $100/unit will be charged for separate 3D virtual tours or floor plans for exterior buildings or multi-dwelling properties with exterior access only. All additional fees and costs incurred to complete the project will be invoiced upon completion, while all rates and fees are subject to applicable taxes.

Disclosure:

By booking with Show Your Listing Real Estate Media Services, you acknowledge that you have read and agree to the Listing Shoot Policies, Photography Licensing Agreement, and Terms of Use, and release Show Your Listing Real Estate Media Services and its affiliates from all liabilities. Booking conditions may be changed at any time without notice.

Scope

This Agreement applies to any photographs, videos, graphics, digital assets, or digital images created or taken by Photographer and delivered to the Client (collectively known as “Media”) for the Property/Project (“Property/Project”). The Agreement governs the relationship between the parties and no email communication or other exchange can modify the terms of this Agreement unless agreed to in writing.

Rights

The Photographer retains sole and exclusive ownership and copyright of all Photos and related rights. This license grants the Client limited rights to publicly display and distribute the Photos for promotional or advertising purposes related to the Property/Project or the Client (eg. Realtor’s website, Sold Announcements, etc.). Photos used for any other purpose, including resale, require the Photographer’s express permission and additional fees, unless otherwise agreed to in writing. Photos must not be re-edited, modified, reproduced, re-distributed, used by other photography firms or retail outlets, or used in Virtual Tours other than those provided by Show Your Listing Real Estate Media Services. Any unauthorized use of Photos will result in legal action under Canadian Copyright Laws.

Real Estate Photos may be uploaded to MLS listing services for the promotion of the Property during the term of this Agreement. However, this Agreement does not transfer copyright or any other exclusive rights under the Copyright Act. Photos may contain copyright management information (CMI) in the form of a copyright notice © and/or other copyright and ownership information, unless otherwise agreed by the Parties. Altering or removing such information is prohibited and constitutes a violation of the Digital Millennium Copyright Act (DMCA). The Client will be responsible to the Photographer for any penalties and awards available under the statute.

License Term

The license term is either one (1) year from the date of the photo shoot or until the termination of the Client’s representation of the Property/Project, whichever occurs first. Further use of images beyond one (1) year requires the Photographer’s permission and may require additional fees. The license is granted to the Client immediately upon delivery of the Photos if the Client’s account is in good standing.

Relationship

The parties agree that the Photographer is an independent contractor and not an employee, agent, or joint venture of the Client. Neither party is authorized to act as an agent or bind the other party except as stated in this Agreement. The Photos are not considered a work for hire under Copyright Law and all rights granted to the Client are defined by this Agreement.

Creation

The Photographer has sole discretion in the manner, styling, and method of creating the Photos. The Photographer will use best efforts to ensure that the Photos meet the Client’s specifications and are of publishable quality.

Delivery

The Photographer may deliver the Photos in JPEG, TIFF, PNG, and video in MP4, MOV or other standard format at a resolution determined suitable by the Photographer. The Client is responsible for verifying that the Photos are suitable for reproduction and must notify the Photographer within two (2) business days if they are not. The Photographer’s obligation is to replace the Photos with a suitable resolution, but will not be liable for poor reproduction quality, delays, or consequential damages.

Non-Exclusivity

Assignment and Transfer

This agreement does not create an exclusive relationship between the parties and both are free to engage other services of a similar nature.

Final Acceptance Sign-Off

Indemnification

The client must indemnify and defend the photographer against all claims, liability, damages, costs, and expenses, including legal fees, arising from the creation or use of the photos or materials provided by the client. The client is responsible for obtaining any necessary model or property releases and ensuring they are in full effect.

Legal Matters

This agreement sets forth the entire understanding between the parties and supersedes any prior agreements. It will be governed and enforced in accordance with the laws of the Province of Ontario. Any claims or litigation arising from the agreement can only be maintained in courts located in Owen Sound, Ontario, and both parties consent to the jurisdiction of these courts. If the parties are unable to resolve a dispute through negotiation, either party may start mediation or binding arbitration in a mutually agreed forum.

Severability

If any provision in the agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected and will be revised only as necessary to make them enforceable.

Commercial Insurance and Certification

Show Your Listing Real Estate Media Services holds $1 million in commercial general liability insurance and $500,000 in errors and omissions insurance (Professional Liability) with Lloyd’s. The company’s pilots are certified by Transport Canada to fly registered drone systems up to 25 kg and hold $1 million in drone liability insurance, including coverage for invasion of privacy and noise, with Premier.

Waiver

No action by either party, except for an express written waiver, may be construed as a waiver of any provision in this agreement, and a single or partial exercise of rights or remedies will not prevent the exercise of other rights or remedies. By hiring Show Your Listing Real Estate Media Services, the client agrees to all the conditions and terms outlined in this licensing agreement and releases Show Your Listing Real Estate Media Services and all its employees, associates, agents, parent companies, affiliates, and subsidiaries from any legal actions.

Privacy is Our Priority

Show Your Listing Real Estate Media Services is dedicated to safeguarding your privacy and making your experience on our website as secure as possible. If you have any questions or concerns regarding our privacy policy or its implementation, please reach out to us at info@showyourlisting.com.

Protection of Your Personal Information

To ensure the security of your information, we use the Transport Layer Security (TLS) protocol with 128-bit or higher encryption to transmit sensitive information. This is the same technology used by banks, governments, and online businesses like Amazon.com and eBay. Access to the information in our system is restricted to authorized individuals within Show Your Listing Real Estate Media Services. Any violation of our privacy policy by our employees will result in termination and potential criminal charges where applicable.

Usage of Your Personal Information

Your personal information will be used to provide you with the requested products and services, including transactions and communication. Credit card numbers are only used for payment processing and will not be used for any other purpose. We may also use personal information in an anonymous manner to gather data about our Site’s users, such as the number of registered users, unique visitors, and frequently viewed pages.

Sharing of Your Personal Information

Show Your Listing Real Estate Media Services will NOT sell, trade, or rent your personal information to any third parties. Our mailing list will not be sold, traded, rented, or provided to any outside parties. Show Your Listing Real Estate Media Services will only release your personal information to authorities if required by law, a search warrant, court order, subpoena, or fraud investigation. We will only share your information with third parties to the extent necessary to provide the requested services and products. These third parties are prohibited from using your personal information for any purpose other than providing these services and must maintain the confidentiality of your information.

Collection of Your Personal Information

Show Your Listing Real Estate Media Services will only store the necessary personal information for you to access and use our services. This information may include, but is not limited to, your name, email address, phone number, payment information, and document creation data. Your personal information will be stored until you request its deletion or revoke your consent for its storage, or Show Your Listing Real Estate Media Services decides to delete it in accordance with our internal policies.

Confidentiality of Document Preparation Information

The information you provide during the booking process is kept strictly confidential. For your protection, please provide a valid email address that will not block emails from Show Your Listing Real Estate Media Services.

Third-Party Services

Our site utilizes the Google Maps API and incorporates the terms of Google’s Privacy Policy into our Privacy Policy.