Red Letter Drones Terms & Conditions
You agree that your use of the Web site is subject to the following Terms and Conditions. Continued access to the Web site by you will constitute your acceptance of any changes or revisions to the Agreement. If you do not agree with the Terms and Conditions, please do not use this Web site. The materials contained on the Web site are provided by Red Letter Drones, LLC (the Photographer) as a service to you for your noncommercial, personal use on an “as is, as available” basis and may be used by you for information purposes only. You acknowledge that you are using the Web site at your own risk.
The Photographer assumes no responsibility for error or omissions in these materials and makes no commitment to update the information contained herein. The Photographer makes no, and expressly disclaims any and all, representations or warranties, express or implied, regarding this Web site, including without limitation the accuracy, completeness, or reliability of text, graphics, links, products and services, and other items accessed from or via the Web site, or that the Web site will be uninterrupted, error-free, or free of viruses or other harmful components. No advice or information given by the Photographer or any other party on the Web site shall create any warranty or liability. Under no circumstances shall the Photographer or any of its parents, subsidiaries, affiliates, or their respective partners, officers, directors, employees, or agents be held liable for any damages, whether direct, incidental, indirect, special, or consequential, and including, without limitation, lost revenues or lost profits, arising from or in connection with your use, reliance on, or performance of the information on the Web site.
The Photographer is the exclusive copyright holder of any photos, videos or other media created (the Photography).
Photo Rights and Usage of the Photography
The original Agent/Homeowner/Brokerage/Business (the Client) who paid for the service will be provided with a non-exclusive licensing agreement that grants the licensee the right to use the images on any electronic or printed form of advertisement for the promotion of the property shot. This licensing agreement is valid only for the duration that the home/property is listed for sale and cannot be reused without specific written permission from the Photographer. The Client, however, may continue to use the photos for personal marketing and branding (personal website and electronic advertisements) as a courtesy from the Photographer. However, the Photographer must be made aware, credited, and compensated for any printed publication not owned by the Client prior to use (i.e. Print/Online Magazine, Commercial, Real Estate Website, etc).
The Photography licenses are non-transferable. Any usage of the Photography by a third party including, but not limited to, architects, builders, stagers, designers, sellers, buyers, Agents, or Brokerages are strictly prohibited unless prior written approval is given by the Photographer. The original Client does not have authorization to sell, transfer, or give away any media for any reason to any third party without prior written consent from the Photographer. This includes Agents or Brokerages who take over an expired, withdrawn, or canceled listing. There shall be no agreements made between the original Client and the new Client regarding Photography created by the Photographer for a canceled, expired, or sold listing. Only Clients that obtain a non-exclusive licensing agreement with the Photographer are allowed to use any media created.
Any services that include editing or any requests to edit images or any other media, which may mislead or deceive consumers in any way, is the Client’s responsibility and the Photographer cannot be held responsible. This includes, but is not limited to, Sky Replacements, Virtual Twilights, or Grass Greening.
“Community Shots” such as a clubhouse, fitness center, golf course, community signs, etc., may be used for all future properties’ listings for the original Client. The Photographer retains all rights to all media and retains the right to use these images as “stock images.”
Expectations of the Client
Clients are expected to have the property cleaned and staged prior to the photoshoot. If the property is not ready to be photographed, the Client should make every effort to reschedule 24 hours prior to the shoot. The Photographer is not responsible for staging, cleaning, de-cluttering, or landscaping. At the discretion of the Photographer, we will help with light staging, cleaning, or de-cluttering, but will not be guaranteed. The Client is responsible for the presence of an authorized representative at the shoot to approve the Photographer’s interpretation of the project. If a Client or Client’s representative is not present, the Photographer’s interpretation shall be deemed acceptable. All properties will be shot “As Is.” The Client’s input is important when choosing the best rooms and angles to photograph. Absent your input, the Photographer will use his/her best judgment and experience to decide how best to photograph the property.
100% Satisfaction Guarantee
The Photographer will make every effort to ensure the final Photography are of high quality and represent the property in the best way possible. Sometimes, however, a Client may feel the Photography does not meet those expectations. In this case, the Photographer will work closely with the Client to correct the issues with the Photography. Should the Client still be not fully satisfied with the photos, the Photographer will issue a full refund to the Client, if requested, within seven (7) days of delivery. If a full refund is issued, however, the Client will have no licensing rights to the Photography and will delete and discontinue the use of any of the Photography.
Delivery of Media and Storage
For most standard shoots, the Photographer has a next business day turnaround time, but some photo shoots may take up to 48 hours. Video services may take up to 72 hours. The Photographer will maintain a photo backup and provide access to the final images for up to 120 days after the photos are delivered to the Client via download link. After 120 days, the Photographer cannot guarantee the photos will be available. It is highly recommended to download the photos immediately after receiving the final download link as this will ensure no future issues. Matterport virtual tours will be active for 180 days or until teh property is sold, whichever comes first. Contact the Photographer to extend the time for a listing to be active, additional charges may apply.
Aerial Drone Services
All drone services are regulated by the FAA (Federal Aviation Administration) and must follow all rules and regulations. All properties within 5 miles of most airports require prior clearance before any Aerial Drone services can be performed. All Aerial Drone services are contingent upon getting the proper clearance prior to flight. Although rare, there may be a delay of up to 90 days in getting this clearance. The Photographer will take all necessary steps to get authorization prior to the scheduled appointment but make no guarantee that this clearance will be granted. No clearance means Aerial Drone operations will not be conducted. Wind and weather conditions also play a major factor in drone operations. The Photographer holds the exclusive right to determine whether weather conditions provide safe flight conditions for drone operations. The Photographer offers no guarantee that drone operations can be provided at any given time., and rescheduling may occur. Aerial Drone services that are not conducted or rescheduled due to issues with authorization or weather will be fully refunded or removed from final invoice.
Payment is expected at the time of delivery for any Photography to the Client unless other arrangements have been made prior to appointment. In some cases, payment may be required before appointments will be scheduled. Failure to pay an invoice past due of 30 days or more will result in copyright infringement. Any services that have been provided at the listing property must be paid for regardless of listing becoming expired, withdrawn, canceled, or under contract.
By booking any services with the Photographer the Client agrees to be bound by these terms and conditions. The Client also acknowledges that such agreement constitutes a binding contract between the Client and the Photographer.
Any promptions offered by the Photographer, including a free photo shoot, are for new clients only, unless specifically stated. Promotions are for Real Estate Agents and/or Brokerages only. Airbnb, Rental Properties, and For Sale By Owner will be charged full amount. Promotions exclude Twilight Photography, Virtual Tours, Floor Plans, Video Services, Add-On Services & Custom Domains, unless specifically stated and apply to properties up to 3,999 sq ft.
***ALL TERMS & CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE***