By hiring Burnt Boat Media to create photos and/or a video for you, your business, or your property/listing, you agree to the following:
1 – THE AGREEMENT
This agreement constitutes an order for photography and/or videography as agreed to by Burnt Boat Media (BBM) and the Contracting Party (Client) at the subject property.
2 – DELIVERABLES
For all photo video packages, the following are provided as digital downloads via an emailed link that shall remain active for five business days:
- Video tours of the home and property are provided within four (4) business days of the shoot, unless otherwise agreed to. The actual video file is provided so it can be uploaded to your own social media accounts.
- Unless otherwise instructed, the finished video will also be uploaded to and shared via social media channels and websites controlled by BBM.
- An accompanying custom cover/thumbnail for YouTube and Facebook.
- The agreed to number of finished digital photos will be provided within two (2) business days of the shoot.
3 – EDITS, CHANGES, RE-SHOOTS, AND EXTRAS
- Free revisions due to BBM error.
- Client requested re-shoots are billed at $125/hr.
- Additional editing is billed at $125/hr.
4 – OWNERSHIP/LICENSING
- Any copyrightable works, imagery, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part by BBM in connection with the Services shall be the exclusive property of BBM.
- BBM reserves the right to use all Work Product, reproductions for advertising, display, publication, or other purposes. All photos, samples, video, and proofs remain the exclusive property of BBM unless waived by written amendment to this agreement.
- Unless otherwise specified, all rights to proofs, final or sample photo prints, rough and completed video footage, audio files, graphics, and motion graphics shall remain the property of BBM and may be used for advertising or any other purpose thought proper by BBM.
- The Client is granted a limited, non-exclusive, non-transferable license on the final photos and videos, starting on the date of delivery.
- The license is valid for two years from the delivery date, or until the property is sold, or upon termination of the Realtor’s original listing, whichever comes first.
- The materials must be used as they were received and may not be altered without the prior written consent of BBM.
- Client affirms that he/she has received consent and permission from the property owner and/or property occupant to have BBM capture imagery (aka – Work Product) of the subject property.
- Client affirms that he/she has received consent and permission from the property owner and/or property occupant to permit BBM to use the Work Product for any purpose (excluding defamation and/or pornography), including but not limited to advertising, promotion, or any other use deemed appropriate by BBM.
5 – LIMITATION ON LIABILITY
- If BBM cannot perform this Agreement in whole or in part due to a fire or other casualty, acts of God or nature or terror, or other cause beyond the control of the parties or due to a photographer’s or a videographer’s illness or injury, BBM will return all fees to the Client(s) but shall have no further liability with respect to this Agreement.
- This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the transit, or otherwise lost or damaged without fault on the part of BBM. Client(s) limit BBM liability to the amount paid under this contract.
6 – ADDITIONAL AGREEMENTS
- Any verbal agreements are null and void. Any addition to this agreement must be presented in writing by either party and approved by the Client and BBM.
7 – PAYMENT FOR SERVICES
- The charges in this agreement are based on the most current Burnt Boat Media rate card. Please contact us for a copy of the most recent rate card.
- This rate card is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
- Failure to pay the invoiced cost will result in a revocation of the limited license outlined in Section 4.
8 – WEATHER
- Within reason, BBM can shoot rain or shine. Unless the Client contacts BBM to cancel or reschedule due to weather, BBM will proceed to shoot/record the subject property despite overcast or snowy or rainy weather.
- Contact BBM immediately should you wish to cancel or reschedule due to weather.
9 – KILL FEE
- If the Client cancels or postpones a scheduled shoot with less than 24 hours’ notice, a kill fee of half the applicable rate PLUS travel expenses (if any) may be due within 30 days.
10 – FEES FOR SERVICES DUE
- The balances of all fees are due upon delivery of the final product unless otherwise stated in writing. The balance of all fees are due and payable to Burnt Boat Media. All fees paid in advance which is less than the full amounts due will not be refunded for any reason.
11 – RELATIONSHIP OF PARTIES
- It is understood by the parties that BBM is an independent contractor with respect to the Client and property owners and is NOT an employee of the Client or property owner. Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any employee benefit, for the benefit of BBM.
12 – PHYSICAL MEDIA
- BBM is unable to provide the Client with physical media (CDs/DVDs/hard drives/etc). Should the Client require materials in physical form, the Client shall deliver to BBM a 128GB USB drive for this purpose. This drive is the property of the Client and NOT BBM.
13 – PROPERTY PREPARATION
- BBM does not perform housekeeping or staging duties. The subject property will be photographed/recorded in the as-presented condition at the date and time of the scheduled appointment.
14 – SEVERABILITY
- If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
- If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
15 – DAMAGE & LIABILITY
- Client agrees to defend and hold BBM harmless regarding any damage to property or furniture, including accusations of theft. In the event that BBM accidentally breaks or otherwise damages personal property while in the course of providing the Client with the agreed to service, the Client agrees to reimburse Seller for any and all expenses involved and will not demand reimbursement from BBM.