Terms and Conditions

General

At Visual Inspired Pictures (VIP) we are 100% committed to providing the best possible service and final product to our clients. All photos/videos and rights relating to them, including copyright and ownership rights in the media in which the photos/videos are stored, remain the sole and exclusive property of Visual Inspired Pictures (VIP). This license provides the client with the limited right to reproduce, publicly display, and distribute the photos/videos only for promotional or advertising purposes directly related to the sale of the property. Photos/videos used for any purpose not directly related to the sale of the property must be with the express permission of photographer and the payment of additional fees, unless otherwise agreed to in writing. When images are used with prior approval for photos/videos, provide us with the appropriate credit (Photos/videos by VisualInspiredPictures.com). Once payment is received by Visual Inspired Pictures (VIP), or client has agreed to terms on website, client has agreed to abide all terms and conditions.

Privacy Policy

Any information we collect is treated confidentially. We do not share or sell your information to third party companies. If you entered your email, address and/or phone number this information is only used internally and for future promotional marketing.

Rights

Under current copyright laws, ownership of all photos/videos belongs entirely to Visual Inspired Pictures (VIP). Photos/videos may be uploaded to any MLS listing service solely for promotion of the property. However, regardless of any terms and conditions of the MLS, at no time does this agreement provide client with the right to transfer copyright, or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106. Photos/videos may contain copyright management information (CMI) at the discretion of Visual Inspired Pictures in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes violation of the Digital Millennium Copyright Act (DMCA) and client will be responsible to Visual Inspired Pictures (VIP) for any penalties and awards available under the statute.

Unless otherwise specifically provided elsewhere in this document or other signed agreement between the parties, any grant of rights is limited to a term of either one (1) year from the date of this Agreement, or (2) at the termination of client’s representation of the property, whichever occurs first. Further use of images beyond one (1) year requires photographer’s permission and additional fees. Rights are assigned to the client immediately upon delivery and payment of the photos/videos. Photographer retains all rights to photos/videos taken of properties unless otherwise agreed upon in writing, and only licenses the use of the images to the client of the property for marketing purposes while the listing is active (up to one year). All images produced for the client may be used by the client for any and all marketing materials and campaigns associated with the property and for the client’s self promotion until the license expires. The photos/videos may also be used by the client’s parent company for the sole purpose of marketing the specific property photographed. Any usage of the images by a third party, including, but not limited to, architects, builders, stagers, designers, sellers or buyers, is strictly prohibited unless approved in writing by the photographer.

Relationship of the Parties

The photographer is an independent contractor, and shall not be deemed to be an employee of the client. No agency, partnership, joint venture, or employee /employer relationship is intended or created by this agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this agreement. The photographer and the photos/videos or any other deliverables prepared by the photographer shall not be deemed a work for hire as defined under copyright law. All rights granted to client are contractual in nature and are expressly defined by this agreement.

Creation

The manner and method of creating any photographs is solely at the discretion of Visual Inspired Pictures (VIP) and the client has no right to control photographer’s manner and method of performance. Visual Inspired Pictures (VIP) will use best efforts to: (a) ensure that the photos/videos conform to client’s specifications; and (b) submit all photos/videos to client in publishable quality, on or before the applicable deadlines. All real estate images will be delivered in multiple listing service (MLS) specified standards.

Payments/Fees

Payments are accepted through our website, or via cash/check on day of shoot (applicable taxes per Louisiana tax code will be added and due upon initial payment). Visual Inspired Pictures (VIP) is located in Lafayette Parish, Lafayette, Louisiana. All taxes will be paid for by client at the rate of 8.45%, per Louisiana tax laws.

Inspired Pictures (VIP) reserves the right to cancel, postpone, or refuse to schedule subsequent photo shoots until account is made current.

All fees and expenses payable are required before photos/videos are available for download and no later than ten (10) business days from the date of the photo shoot and payable irrespective of whether client makes actual use of the photos/videos. If full payment has not been received within thirty (30) days all rights are revoked at photographer’s discretion. In the event rights are revoked, all images in the possession of client will be removed from all forms of media and permanently destroyed within ten (10) days. Client shall provide photographer with written statement that all images have been removed and destroyed. If you would like us to store photos/videos and/or videos, longer then the agreed upon time frame, we will store them at an additional cost. You must inform us ahead of time that you would like the original photo or videos stored.

A convenience fee will be processed for all transactions through the website.

Cancellations/Rescheduling

Please notify us within 48 hours if you will need to cancel the shoot.

If cancellation of photo shoot occurs on the same day of photo shoot, client will pay a twenty-five (25)% cancellation fee. If photographer is en route during cancellation or arrives at property and the property is inaccessible or not ready for photo shoot, client will pay a fifty (50)% cancellation fee. Visual Inspired Pictures (VIP) will charge a 50% fee for cancellations not made within 48 hours. Please note, that the entire shoot amount will be assessed if we arrive at the property to find the shoot is cancelled (including denied access to the property and the home not being ready for photos/videos).

Agents are responsible to check the weather before scheduling a shoot, therefore, there will be fee of $25 assessed for rescheduling due to bad weather. If it is raining at the time of the shoot, we will continue with the interior shots and wait or return for the exterior shots at another time.